[Title 33 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2006 Edition]
[From the U.S. Government Printing Office]



[[Page i]]



          33


          Parts 1 to 124

                         Revised as of July 1, 2006


          Navigation and Navigable Waters
          



________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2006
          With Ancillaries
                    Published by
                    Office of the Federal Register
                    National Archives and Records
                    Administration
                    A Special Edition of the Federal Register

[[Page ii]]

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                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 33:
          Chapter I--Coast Guard, Department of Homeland 
          Security                                                   3
  Finding Aids:
      Material Approved for Incorporation by Reference........     691
      Table of CFR Titles and Chapters........................     693
      Alphabetical List of Agencies Appearing in the CFR......     711
      List of CFR Sections Affected...........................     721

[[Page iv]]





                     ----------------------------

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 33 CFR 1.01-1 refers 
                       to title 33, part 1, 
                       section 01-1.

                     ----------------------------

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, July 1, 2006), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
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instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in 11 separate 
volumes. For the period beginning January 1, 2001, a ``List of CFR 
Sections Affected'' is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    Properly approved incorporations by reference in this volume are 
listed in the Finding Aids at the end of this volume.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed in 
the Finding Aids of this volume as an approved incorporation by 
reference, please contact the agency that issued the regulation 
containing that incorporation. If, after contacting the agency, you find 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call 202-741-6010.

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    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

[[Page vii]]


REPUBLICATION OF MATERIAL

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register. The NARA site also contains links to GPO Access.

                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

July 1, 2006.

[[Page ix]]



                               THIS TITLE

    Title 33--Navigation and Navigable Waters is composed of three 
volumes. The contents of these volumes represent all current regulations 
codified under this title of the CFR as of July 1, 2006. The first and 
second volumes, parts 1-124 and 125-199, contain current regulations of 
the Coast Guard, Department of Homeland Security. The third volume, part 
200 to End, contains current regulations of the Corps of Engineers, 
Department of the Army, and the Saint Lawrence Seaway Development 
Corporation, Department of Transportation.

    In volumes one and two, subject indexes follow the subchapters.

    For this volume, Carol A. Conroy was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of 
Frances D. McDonald, assisted by Alomha S. Morris.

[[Page 1]]



                TITLE 33--NAVIGATION AND NAVIGABLE WATERS




                   (This book contains parts 1 to 124)

  --------------------------------------------------------------------
                                                                    Part

chapter i--Coast Guard, Department of Homeland Security.....           1


Abbreviations Used in This Chapter:
    BMC = Chief Boatswains Mate. CGFR = Coast Guard Federal Register 
  document number. CG = Coast Guard. EM = Electrician's Mate. LS = 
  Lightship. NC = Flag hoist meaning, ``I am in distress and require 
  immediate assistance.'' NCG = Call letters for any Coast Guard Shore 
  Radio Station. OAN = Aids to Navigation Division. PTP = Training and 
  Procurement. U.S.C.G. = United States Coast Guard.

[[Page 3]]



         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY




  --------------------------------------------------------------------


  Editorial Note: Nomemclature changes to Chapter I appear at 70 FR 
75734, Dec. 21, 2005.

                          SUBCHAPTER A--GENERAL
Part                                                                Page
1               General provisions..........................           7
2               Jurisdiction................................          28
3               Coast Guard areas, districts, marine 
                    inspection zones, and captain of the 
                    port zones..............................          32
4               OMB control numbers assigned pursuant to the 
                    Paperwork Reduction Act.................          52
5               Coast Guard Auxiliary.......................          53
6               Protection and security of vessels, harbors, 
                    and waterfront facilities...............          57
8               United States Coast Guard Reserve...........          61
13              Decorations, medals, ribbons and similar 
                    devices.................................          62
17              United States Coast Guard general gift fund.          65
19              Waivers of navigation and vessel inspection 
                    laws and regulations....................          67
20              Rules of practice, procedure, and evidence 
                    for formal administrative proceedings of 
                    the Coast Guard.........................          70
23              Distinctive markings for Coast Guard vessels 
                    and aircraft............................          92
25              Claims......................................          93
26              Vessel bridge-to-bridge radiotelephone 
                    regulations.............................         104
27              Adjustment of civil monetary penalties for 
                    inflation...............................         107
                Index to Subchapter A--General..............         111
                         SUBCHAPTER B--PERSONNEL
40              Cadets of the Coast Guard...................         117
45              Enlistment of personnel.....................         117
49              Payment of amounts due mentally incompetent 
                    Coast Guard personnel...................         118
50              Coast Guard Retiring Review Board...........         120
51              Coast Guard Discharge Review Board..........         122

[[Page 4]]

52              Board for Correction of Military Records of 
                    the Coast Guard.........................         127
53              Coast Guard whistleblower protection........         134
54              Allotments from active duty pay for certain 
                    support obligations.....................         137
55              Child Development Services..................         138
                Index to Subchapter B--Military Personnel...         141
                    SUBCHAPTER C--AIDS TO NAVIGATION
60              [Reserved]
62              United States aids to navigation system.....         144
64              Marking of structures, sunken vessels and 
                    other obstructions......................         152
66              Private aids to navigation..................         155
67              Aids to navigation on artificial islands and 
                    fixed structures........................         163
70              Interference with or damage to aids to 
                    navigation..............................         177
72              Marine information..........................         178
74              Charges for Coast Guard aids to navigation 
                    work....................................         180
76              Sale and transfer of aids to navigation 
                    equipment...............................         181
                Index to Subchapter C--Aids to Navigation...         183
              SUBCHAPTER D--INTERNATIONAL NAVIGATION RULES
                Note: Application of the 72 COLREGS to 
                    territories and possessions.............         187
80              COLREGS demarcation lines...................         188
81              72 COLREGS: Implementing Rules..............         204
82              72 COLREGS: Interpretative Rules............         207
                Index to Subchapter D--International 
                    Navigation Rules........................         209
                  SUBCHAPTER E--INLAND NAVIGATION RULES
84              Annex I: Positioning and technical details 
                    of lights and shapes....................         213
85              Annex II: Additional signals for fishing 
                    vessels fishing in close proximity......         217
86              Annex III: Technical details of sound signal 
                    appliances..............................         217
87              Annex IV: Distress signals..................         219
88              Annex V: Pilot rules........................         220
89              Inland navigation rules: implementing rules.         222
90              Inland rules: Interpretative rules..........         225

[[Page 5]]

                Index to Subchapter E--Inland Navigation 
                    Rules...................................         227
               SUBCHAPTER F--VESSEL OPERATING REGULATIONS
95              Operating a vessel while under the influence 
                    of alcohol or a dangerous drug..........         229
96              Rules for the safe operation of vessels and 
                    safety management systems...............         231
                Index to Subchapter F--Vessel Operating 
                    Regulations.............................         245
                SUBCHAPTER G--REGATTAS AND MARINE PARADES
100             Safety of life on navigable waters..........         246
                Index to Subchapter G--Regattas and Marine 
                    Parades.................................         323
                     SUBCHAPTER H--MARITIME SECURITY
101             Maritime Security: General..................         326
102             Maritime Security: National maritime transportation 
                    security [Reserved]
103             Maritime security: Area maritime security...         338
104             Maritime security: Vessels..................         342
105             Maritime security: Facilities...............         364
106             Marine Security: Outer Continental Shelf 
                    (OCS) facilities........................         388
107             National Vessel and Facility Control 
                    Measures and Limited Access Areas.......         404
                Index to Subchapter H--General Maritime 
                    Security................................         409
                        SUBCHAPTER I--ANCHORAGES
109             General.....................................         412
110             Anchorage regulations.......................         413
                Index to Subchapter I--Anchorages...........         523
                          SUBCHAPTER J--BRIDGES
114             General.....................................         527
115             Bridge locations and clearances; 
                    administrative procedures...............         529
116             Alteration of unreasonably obstructive 
                    bridges.................................         533
117             Drawbridge operation regulations............         538
118             Bridge lighting and other signals...........         661
                Index to Subchapter J--Bridges..............         669
                    SUBCHAPTER K--SECURITY OF VESSELS
120             Security of passenger vessels...............         681
                Index to Subchapter K--Security of Vessels..         687

[[Page 7]]



                          SUBCHAPTER A_GENERAL





PART 1_GENERAL PROVISIONS--Table of Contents




                  Subpart 1.01_Delegation of Authority

Sec.
1.01-1 District Commander.
1.01-20 Officer in Charge, Marine Inspection.
1.01-30 Captains of the Port.
1.01-40 Delegation to the Vice Commandant.
1.01-50 Delegation to District Commander, Seventeenth Coast Guard 
          District.
1.01-60 Delegations for issuance of bridge permits.
1.01-70 CERCLA delegations.
1.01-80 FWPCA and OPA 90 delegations.
1.01-85 Redelegation.
1.01-90 Commissioned, warrant, and petty officers.

                         Subpart 1.05_Rulemaking

1.05-1 Delegation of rulemaking authority.
1.05-5 Marine Safety Council.
1.05-10 Regulatory process overview.
1.05-15 Public participation.
1.05-20 Petitions for rulemaking.
1.05-25 Public docket.
1.05-30 Advance notice of proposed rulemaking (ANPRM).
1.05-35 Notice of proposed rulemaking (NPRM).
1.05-40 Supplemental notice of proposed rulemaking (SNPRM).
1.05-45 Interim rule.
1.05-50 Final rule.
1.05-55 Direct final rule.
1.05-60 Negotiated rulemaking.

    Subpart 1.07_Enforcement; Civil and Criminal Penalty Proceedings

1.07-1 Purpose.
1.07-5 Definitions.
1.07-10 Reporting and investigation.
1.07-11 Notice of violation.
1.07-15 Hearing Officer.
1.07-20 Initiation of action.
1.07-25 Preliminary matters.
1.07-30 Disclosure of evidence.
1.07-35 Request for confidential treatment.
1.07-40 Counsel.
1.07-45 Location of hearings and change of venue.
1.07-50 Witnesses.
1.07-55 Hearing procedures.
1.07-60 Records.
1.07-65 Hearing Officer's decisions.
1.07-70 Right to appeal.
1.07-75 Action on appeals.
1.07-80 Reopening of hearings.
1.07-85 Collection of civil penalties.
1.07-90 Criminal penalties.
1.07-95 Civil and criminal penalties.
1.07-100 Summons in lieu of seizure of commercial fishing industry 
          vessels.

     Subpart 1.08_Written Warnings by Coast Guard Boarding Officers

1.08-1 Applicability.
1.08-5 Procedures.

             Subpart 1.10_Public Availability of Information

1.10-1 Official records and documents.
1.10-5 Public availability of records and documents.

   Subpart 1.20_Testimony by Coast Guard Personnel and Production of 
                      Records in Legal Proceedings

1.20-1 Testimony by Coast Guard personnel and production of records.

     Subpart 1.25_Fees and Charges for Certain Records and Services

1.25-1 Purpose.
1.25-30 Exceptions.
1.25-40 Fees for services for the public.
1.25-45 Special admeasurement services.
1.25-48 Oceanographic research.
1.25-80 Payment of fees, charges or sales.

    Subpart 1.26_Charges for Duplicate Medals, and Sales of Personal 
               Property, Equipment or Services and Rentals

1.26-1 Purpose.
1.26-5 Replacement of medals.
1.26-10 Sales to Coast Guard Auxiliary.
1.26-15 Sales of nonexcess personal property and services.
1.26-20 Sales to eligible foreign governments.
1.26-25 Payment of charges.



                  Subpart 1.01_Delegation of Authority

    Authority: 14 U.S.C. 633; 33 U.S.C. 401, 491, 525, 1321, 2716, and 
2716a; 42 U.S.C. 9615; 49 U.S.C. 322; 49 CFR 1.45(b), 1.46; section 
1.01-70 also issued under the authority of E.O. 12580, 3 CFR, 1987 
Comp., p. 193; and sections 1.01-80 and 1.01-85 also issued under the 
authority of E.O. 12777, 3 CFR, 1991 Comp., p. 351.



Sec. 1.01-1  District Commander.

    Final authority for the performance within the confines of his 
district of the functions of the Coast Guard,

[[Page 8]]

which in general terms are maritime law enforcement, saving and 
protecting life and property, safeguarding navigation on the high seas 
and navigable waters of the United States, and readiness for military 
operations, is delegated to the District Commander by the Commandant. In 
turn delegations of final authority run from the District Commander to 
commanding officers of units under the District Commander for the 
performance of the functions of law enforcement, patrol of marine 
regattas and parades, and the saving of life and property which come 
within the scope of their activities.

[CGFR 48-72, 13 FR 9330, Dec. 31, 1948]



Sec. 1.01-20  Officer in Charge, Marine Inspection.

    Final authority is vested in the Officer in Charge, Marine 
Inspection, for the performance, within the area of his jurisdiction, of 
the following functions: Inspection of vessels in order to determine 
that they comply with the applicable laws, rules, and regulations 
relating to safe construction, equipment, manning, and operation and 
that they are in a seaworthy condition for the services in which they 
are operated; shipyard and factory inspections; the investigation of 
marine casualties and accidents; the licensing, certificating, shipment 
and discharge of seamen; the investigating and initiating of action in 
cases of misconduct, negligence, or incompetence of merchant marine 
officers or seamen; and the enforcement of vessel inspection, 
navigation, and seamen's laws in general. Specific procedures for 
appealing the decisions of the Officer in Charge, Marine Inspection, or 
of his subordinates are set forth in 46 CFR parts 1 to 4.

[CGFR 48-72, 13 FR 9330, Dec. 31, 1948; as amended by USCG-1998-3799, 63 
FR 35525, June 30, 1998]



Sec. 1.01-30  Captains of the Port.

    Captains of the Port and their representatives enforce within their 
respective areas port safety and security and marine environmental 
protection regulations, including, without limitation, regulations for 
the protection and security of vessels, harbors, and waterfront 
facilities; anchorages; security zones; safety zones; regulated 
navigation areas; deepwater ports; water pollution; and ports and 
waterways safety.

[CGD-225, 59 FR 66484, Dec. 27, 1994]



Sec. 1.01-40  Delegation to the Vice Commandant.

    The Commandant delegates to the Vice Commandant authority to take 
final agency action under 46 CFR part 5, Subparts I, J and K on each 
petition to reopen a hearing and on each appeal from a decision of an 
Administrative Law Judge, except on petition or appeal in a case in 
which an order of revocation has been issued. This delegation does not 
prevent the Vice Commandant from acting as Commandant, as prescribed in 
14 U.S.C. 47(a), for all purposes of 46 CFR part 5.

[CGD 85-071, 51 FR 22805, June 23, 1986, as amended by CGD 97-023, 62 FR 
33361, June 19, 1997]



Sec. 1.01-50  Delegation to District Commander, Seventeenth Coast Guard 
District.

    The Commandant redelegates to the District Commander, Seventeenth 
Coast Guard District, the authority in 46 U.S.C. 3302(i)(1) to issue 
permits to certain vessels transporting cargo, including bulk fuel, from 
one place in Alaska to another place in Alaska.

[USCG-1998-3799, 63 FR 35525, June 30, 1998]



Sec. 1.01-60  Delegations for issuance of bridge permits.

    (a) The Commandant delegates to the Assistant Commandant for 
Operations, the authority to issue the following permits for the 
construction, reconstruction, or alteration of bridges across navigable 
waters of the United States:
    (1) Those that require:
    (i) An environmental assessment or environmental impact statement 
under the National Environmental Policy Act of 1969, as amended, (42 
U.S.C. 4321 et seq.) and all implementing regulations, orders, and 
instructions.
    (ii) A determination under section 4(f) of the Department of 
Transportation Act of 1966 (49 U.S.C. 1653).
    (iii) Concurrence of the Department of Transportation under DOT 
Order

[[Page 9]]

5610.1C (Procedures for Considering Environmental Impacts).
    (2) Those that require a Presidential permit and approval under the 
International Bridge Act of 1972 (33 U.S.C. 535).
    (3) Those that require the amendment of an existing permit issued by 
the U.S. Army Corps of Engineers.
    (4) Those that raise substantial unresolved controversy involving 
the public, or are objected to by Federal, State, or local government 
agencies.
    (5) Those authorized by the Commandant upon the appeal of a district 
commander's decision denying a permit.
    (b) The Commandant delegates to each Coast Guard District Commander, 
with the reservation that this authority shall not be further 
redelegated, the authority to issue all permits for the construction, 
reconstruction, or alteration of bridges across navigable waters of the 
United States other than those specified in paragraph (a) of this 
section.

[CGD 80-099, 46 FR 38353, July 27, 1981; 46 FR 42268, Aug. 20, 1981, as 
amended by CGD 88-052, 53 FR 25119, July 1, 1988; CGD 96-026, 61 FR 
33662, June 28, 1996; CGD 97-023, 62 FR 33361, June 19, 1997]



Sec. 1.01-70  CERCLA delegations.

    (a) For the purpose of this section, the definitions in section 101 
of the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980 (Pub. L. 96-510), as amended by the Superfund Amendments and 
Reauthorization Act of 1986 (Pub. L. 99-499), apply. The Act, as 
amended, is referred to in this section as CERCLA.
    (b) The Assistant Commandant for Marine Safety, Security and 
Environmental Protection (G-M) is delegated authority to take remedial 
action involving vessels under section 104 of CERCLA.
    (c) Each Maintenance and Logistics Commander is delegated contract 
authority, consistent with each memorandum of understanding between the 
Coast Guard and the Environmental Protection Agency regarding CERCLA 
funding mechanisms, for the purpose of carrying out response actions 
pursuant to CERCLA sections 104(a), 104(b), 104(f), 104(g), 105(f), and 
122.
    (d) Each district commander is delegated authority as follows:
    (1) Authority, pursuant to CERCLA section 106(a), to determine an 
imminent and substantial endangerment to the public health or welfare or 
the environment because of an actual or threatened release of a 
hazardous substance from a facility, and to secure such relief as may be 
necessary to abate such danger or threat through the United States 
attorney of the district in which the threat occurs.
    (2) Authority, pursuant to section 109 of CERCLA, to assess 
penalties relating to violations of sections 103 (a) and (b) pertaining 
to notification requirements, section 108 pertaining to financial 
responsibility for release of hazardous substances from vessels, and 
section 122 pertaining to administrative orders and consent decrees.
    (3) Authority, pursuant to section 108 of CERCLA, to deny entry to 
any port or place in the United States or to the navigable waters of the 
United States and detain at any port or place in the United States any 
vessel subject to section 108(a) of CERCLA that, upon request, does not 
provide evidence of financial responsibility.
    (e) Subject to the provisions of Executive Order 12580, and 
paragraph (g) of this section, each Coast Guard official, predesignated 
as an On-Scene Coordinator, is delegated authority as follows:
    (1) Authority, pursuant to CERCLA sections 104(a), 104(b), 104(c) 
and consistent with the National Contingency Plan, to remove or arrange 
for the removal of releases and threatened releases of hazardous 
substances, and of pollutants or contaminants which may present an 
imminent and substantial danger to the public health or welfare.
    (2) Authority, pursuant to CERCLA section 104(i)(11), to take such 
steps as may be necessary to reduce exposure that presents a significant 
risk to human health, and to eliminate or substantially mitigate that 
significant risk to human health.
    (3) Authority, pursuant to CERCLA section 106(a), to issue orders to 
protect the public health and welfare and the environment whenever that 
official determines that a release or threatened release of a hazardous 
substance from a

[[Page 10]]

facility may present an imminent and substantial endangerment to the 
public health or welfare or the environment.
    (4) Authority, pursuant to CERCLA section 104(e), except section 
104(e)(7)(C), to enter establishments or other places where hazardous 
substances are or have been generated, stored, treated, disposed of, or 
transported from to inspect and obtain records, reports, samples and 
information in support of the response functions delegated in paragraphs 
(d), (e)(1), (e)(2), and (e)(3) of this section.
    (5) Authority, pursuant to CERCLA section 122, to enter into an 
agreement with any person (including the owner or operator of the vessel 
or facility from which a release or substantial threat of release 
emanates, or any other potential responsible person), to perform any 
response action, provided that such action will be done properly by such 
person.
    (f) Except for the authority granted in paragraphs (d)(1) and (e)(1) 
of this section, each Coast Guard official to whom authority is granted 
in this section may redelegate and authorize successive redelegations of 
that authority. The authority granted in paragraph (e)(3) of this 
section may only be redelegated to commissioned officers.
    (g) The response authority described in paragraph (e)(1) of this 
section does not include authority to--
    (1) Summarily remove or destroy a vessel; or
    (2) Take any other action that constitutes intervention under 
CERCLA, the Intervention on the High Seas Act (33 U.S.C. 1471 et. seq.), 
or other applicable laws. ``Intervention'' means any detrimental action 
taken against the interest of a vessel or its cargo without the consent 
of the vessel's owner or operator.

[CGD 88-051, 53 FR 30259, Aug. 11, 1988, as amended by CGD 91-225, 59 FR 
66484, Dec. 27, 1994; CGD 96-026, 61 FR 33662, June 28, 1996; CGD 97-
023, 62 FR 33361, June 19, 1997; USCG-2002-12471, 67 FR 41331, June 18, 
2002; USCG-2003-14505, 68 FR 9534, Feb. 28, 2003]



Sec. 1.01-80  FWPCA and OPA 90 delegations.

    (a) This section delegates authority to implement provisions of 
section 311 of the Federal Water Pollution Control Act (FWPCA), as 
amended [33 U.S.C. 1321] and provisions of the Oil Pollution Act of 1990 
(OPA 90). The definitions in subsection (a) of section 311 of the FWPCA 
and section 1001 of OPA 90 [33 U.S.C. 2701] apply.
    (b) The Assistant Commandant for Marine Safety, Security and 
Environmental Protection, is delegated authority to require the owner or 
operator of a facility to establish and maintain such records, make such 
reports, install, use, and maintain such monitoring equipment and 
methods, and provide such other information as may be required to carry 
out the objectives of section 311 of the FWPCA [33 U.S.C. 1321].
    (c) Each District and Area Commander is delegated authority within 
the Commander's assigned district or area to--
    (1) Deny entry to any place in the United States or to the navigable 
waters of the United States, and to detain at any place in the United 
States, any vessel subject to section 1016 of OPA 90 [33 U.S.C. 2716] 
that, upon request, does not provide evidence of financial 
responsibility;
    (2) Seize and, through the Chief Counsel, seek forfeiture to the 
United States of any vessel subject to the requirements of section 1016 
of OPA 90 [33 U.S.C. 2716] that is found in the navigable waters of the 
United States without the necessary evidence of financial 
responsibility;
    (3) Assess any class I civil penalty under subsection (b) of section 
311 of the FWPCA [33 U.S.C. 1321], in accordance with the procedures in 
subpart 1.07 of this chapter;
    (4) Assess any civil penalty under section 4303 of OPA 90 [33 U.S.C. 
2716a] in accordance with the procedures in subpart 1.07 of this 
chapter;
    (5) Board and inspect any vessel upon the navigable waters of the 
United States or the waters of the contiguous zone, except for public 
vessels; with or without warrant, arrest any person who, in the 
Commander's presence or view, violates a provision of section 311 of the 
FWPCA [33 U.S.C. 1321] or any regulation issued thereunder; and execute 
any warrant or other process issued by an officer or court of competent 
jurisdiction, as prescribed in

[[Page 11]]

section 311(m)(1) of the FWPCA [33 U.S.C. 1321(m)(1)];
    (6) Enter and inspect any facility in the coastal zone at reasonable 
times; have access to and copy any records; take samples; inspect 
monitoring equipment required by section 311(m)(2)(A) of the FWPCA [33 
U.S.C. 1321(m)(2)(A)]; with or without warrant, arrest any person who, 
in the Commander's presence or view, violates a provision of section 311 
of the FWPCA [33 U.S.C. 1321] or any regulation issued thereunder; and 
execute any warrant or other process issued by an officer or court of 
competent jurisdiction, as prescribed in section 311(m)(2) of the FWPCA 
[33 U.S.C. 1321(m)(2)(A)]; and
    (7) Determine for purposes of section 311(b)(12) of the FWPCA [33 
U.S.C. 1321(b)(12)]--
    (i) Whether reasonable cause exists to believe that an owner, 
operator, or person in charge may be subject to a civil penalty under 
section 311(b) of the FWPCA [33 U.S.C. 1321(b)]; and
    (ii) Whether a filed bond or other surety is satisfactory.
    (d) Each Coast Guard official predesignated as the On-Scene 
Coordinator by the applicable Regional Contingency Plan is delegated 
authority pursuant to section 311(c) of the FWPCA [33 U.S.C. 1321(c)], 
subject to paragraph (e) of this section, in accordance with the 
National Contingency Plan and any appropriate Area Contingency Plan, to 
ensure the effective and immediate removal of a discharge and mitigation 
or prevention of a substantial threat of a discharge of oil or a 
hazardous substance by--
    (1) Removing or arranging for the removal of a discharge and 
mitigating or preventing an imminent and substantial threat of a 
discharge at any time;
    (2) Directing or monitoring all Federal, State, and private actions 
to remove a discharge, including issuance of orders;
    (3) Determining, pursuant to section 311(c) of the FWPCA [33 U.S.C. 
1321(c)], whether a discharge or a substantial threat of a discharge of 
oil or a hazardous substance from a vessel, offshore facility, or 
onshore facility is of such a size or character as to be a substantial 
threat to the public health or welfare of the United States (including, 
but not limited to fish, shellfish, wildlife, other natural resources, 
and the public and private beaches and shorelines of the United States); 
and, if it is, directing all Federal, State, and private actions to 
remove the discharge or to mitigate or prevent the threatened discharge;
    (4) Determining, pursuant to section 311(e) of the FWPCA [33 U.S.C. 
1321(e)], that there may be an imminent and substantial threat to the 
public health and welfare of the United States, and, if there is, may--
    (i) Determine an imminent and substantial threat as a basis for 
recommending referral for judicial relief; or
    (ii) Act pursuant to section 311(e)(1)(B) of the FWPCA [33 U.S.C. 
1321(e)(1)(B)], including the issuance of orders; and
    (5) Acting to mitigate the damage to the public health or welfare 
caused by a discharge of oil or a hazardous substance.
    (e) The authority described in paragraph (d) of this section does 
not include the authority to--
    (1) Remove or destroy a vessel; or
    (2) Take any other action that constitutes intervention under the 
Intervention on the High Seas Act [33 U.S.C. 1471, et seq.] or other 
applicable laws. For purposes of this section, ``intervention'' means 
any detrimental action taken against the interest of a vessel or its 
cargo without the consent of the vessel's owner or operator.

[CGD 91-225, 59 FR 66484, Dec. 27, 1994, as amended by CGD 96-026, 61 FR 
33662, June 28, 1996; CGD 97-023, 62 FR 33361, June 19, 1997; USCG-2002-
12471, 67 FR 41331, June 18, 2002]



Sec. 1.01-85  Redelegation.

    Except as provided in Sec. 1.01-80(e)(1) and (2), each Coast Guard 
officer to whom authority is granted in Sec. 1.01-80 may redelegate and 
authorize successive redelegations of that authority within the command 
under the officer's jurisdiction, or to members of the officer's staff.

[CGD 91-225, 59 FR 66485, Dec. 27, 1994]



Sec. 1.01-90  Commissioned, warrant, and petty officers.

    Any commissioned, warrant, or petty officer of the United States 
Coast

[[Page 12]]

Guard may be authorized to carry out the functions delegated to superior 
officials under Sec. Sec. 1.01-1, 1.01-20, 1.01-30, 1.01-70, and 1.07-
80, or redelegated under Sec. 1.01-85, within the jurisdiction of the 
cognizant official. They will do so under the supervision and general 
direction of that official.

[CGD 91-225, 59 FR 66485, Dec. 27, 1994]



                         Subpart 1.05_Rulemaking

    Authority: 5 U.S.C. 552, 553, App. 2; 14 U.S.C. 2, 631, 632, and 
633; 33 U.S.C. 471, 499; 49 U.S.C. 101, 322; Department of Homeland 
Security Delegation No. 0170.

    Source: CGD 95-057, 60 FR 34148, June 30, 1995, unless otherwise 
noted.



Sec. 1.05-1  Delegation of rulemaking authority.

    (a) The Secretary of Homeland Security is empowered by various 
statutes to issue regulations regarding the functions, powers and duties 
of the Coast Guard.
    (b) The Secretary of Homeland Security has delegated much of this 
authority to the Commandant, U.S. Coast Guard, including authority to 
issue regulations regarding the functions of the Coast Guard and the 
authority to redelegate and authorize successive redelegations of that 
authority within the Coast Guard.
    (c) The Commandant has reserved the authority to issue any rules and 
regulations determined to be significant under Executive Order 12866, 
Regulatory Planning and Review.
    (d) The Commandant has redelegated to the various office chiefs at 
U.S. Coast Guard Headquarters, with the reservation that this authority 
shall not be further redelegated, the authority to develop and issue 
regulations necessary to implement laws, treaties, or Executive Orders 
associated with their assigned programs; issue amendments to existing 
regulations as necessary; and submit regulatory proposals for Marine 
Safety and Security Council consideration.
    (e)(1) The Commandant has redelegated to Coast Guard District 
Commanders, with the reservation that this authority shall not be 
further redelegated, the authority to issue regulations pertaining to 
the following:
    (i) Anchorage grounds and special anchorage areas.
    (ii) The designation of lightering zones.
    (iii) The operation of drawbridges.
    (iv) The establishment of Regulated Navigation Areas.
    (v) The establishment of safety and security zones.
    (vi) The establishment of special local regulations.
    (2) This delegation does not extend to those matters specified in 
paragraph (c) of this section or rules and regulations which have been 
shown to raise substantial issues or to generate controversy.
    (f) Except for those matters specified in paragraph (c) of this 
section, the Commandant has redelegated to Coast Guard Captains of the 
Port, with the reservation that this authority shall not be further 
redelegated, the authority to establish safety and security zones.
    (g) The Commandant has redelegated to Coast Guard District 
Commanders, Captains of the Port, the Assistant Commandant for 
Operations, and the Assistant Commandant for Marine Safety, Security and 
Environmental Protection, the authority to make the certification 
required by section 605(b) of the Regulatory Flexibility Act (Sec. 
605(b), Pub. L. 96-354, 94 Stat. 1168 (5 U.S.C. 605)) for rules that 
they issue.

[CGD 95-057, 60 FR 34148, June 30, 1995, as amended by CGD 96-026, 61 FR 
33662, June 28, 1996; CGD 97-023, 62 FR 33361, June 19, 1997; USCG-2003-
14505, 68 FR 9534, Feb. 28, 2003; USCG-2003-15404, 68 FR 37740, June 25, 
2003]



Sec. 1.05-5  Marine Safety and Security Council.

    The Marine Safety and Security Council, composed of senior Coast 
Guard officials, acts as policy advisor to the Commandant and is the 
focal point of the Coast Guard regulatory system. The Marine Safety and 
Security Council provides oversight, review, and guidance for all Coast 
Guard regulatory activity.

[CGD 95-057, 60 FR 34148, June 30, 1995, as amended by USCG-2003-15404, 
68 FR 37740, June 25, 2003]

[[Page 13]]



Sec. 1.05-10  Regulatory process overview.

    (a) Most rules of local applicability are issued by District 
Commanders and Captains of the Port, while rules of wider applicability 
are issued by senior Coast Guard officials at Coast Guard Headquarters, 
For both significant rulemaking (defined by Executive Order 12866, 
Regulatory Planning and Review) and non-significant rulemaking, other 
than those areas delegated to District Commanders and Captains of the 
Port, the regulatory process begins when an office chief with program 
responsibilities identifies a possible need for a new regulation or for 
changes to an existing regulation. The need may arise due to statutory 
changes, or be based on internal review or public input. Early public 
involvement is strongly encouraged.
    (b) After a tentative significant regulatory approach is developed, 
a significant regulatory project proposal is submitted to the Marine 
Safety and Security Council for approval. The proposal describes the 
scope of the proposed regulation, alternatives considered, and potential 
cost and benefits, including possible environmental impacts. All 
significant regulatory projects require Marine Safety and Security 
Council approval.
    (c) Significant rulemaking projects must also be approved by the 
Commandant of the Coast Guard.
    (d) If the project is approved, the necessary documents are drafted, 
including documents to be published in the Federal Register. These may 
include regulatory evaluations, environmental analyses, requests for 
comments, announcements of public meetings, notices of proposed 
rulemakings, and final rules.

[CGD 95-057, 60 FR 34148, June 30, 1995, as amended by USCG-2003-14505, 
68 FR 9534, Feb. 28, 2003; USCG-2003-15404, 68 FR 37740, June 25, 2003]



Sec. 1.05-15  Public participation.

    The Coast Guard considers public participation essential to 
effective rulemaking, and encourages the public to participate in its 
rulemaking process. Coast Guard policy is to provide opportunities for 
public participation early in potential rulemaking projects. Generally, 
the Coast Guard will solicit public input by publishing a notice of 
public meeting or request for comments in the Federal Register. Advance 
Notices of Proposed Rulemaking, Notices of Proposed Rulemaking, 
Supplemental Notices of Proposed Rulemaking, and Interim Rules will 
usually provide 90 days, or more if possible, after publication for 
submission of comments. This time period is intended to allow interested 
persons the opportunity to participate in the rulemaking process through 
the submission of written data and views. However, certain cases and 
circumstances may make it necessary to provide a shorter comment period. 
Public meetings may also be held to provide an opportunity for oral 
presentations. The Coast Guard will consider the comments received and, 
in subsequent rulemaking documents, will incorporate a concise general 
statement of the comments received and identify changes from a proposed 
rule based on the comments.



Sec. 1.05-20  Petitions for rulemaking.

    (a) Any member of the public may petition the Coast Guard to 
undertake a rulemaking action. There is no prescribed form for a 
petition for rulemaking, but the document should provide some supporting 
information as to why the petitioner believes the proposed rulemaking is 
necessary and the document should clearly indicate that it is a petition 
for rulemaking. Petitions should be addressed to the Executive 
Secretary, Marine Safety and Security Council (G-LRA), United States 
Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-
0001.
    (b) The petitioner will be notified of the Coast Guard's decision 
whether to initiate a rulemaking or not. If the Coast Guard decides not 
to pursue a rulemaking, the petitioner will be notified of the reasons 
why. If the Coast Guard decides to initiate rulemaking, it will follow 
the procedure outlined in this subpart. The Coast Guard may publish a 
notice acknowledging receipt of a petition for rulemaking in the Federal 
Register.

[[Page 14]]

    (c) Any petition for rulemaking and any reply to the petition will 
be kept in a public file open for inspection.

[CGD 95-057, 60 FR 34148, June 30, 1995, as amended by USCG-2003-15404, 
68 FR 37740, June 25, 2003]



Sec. 1.05-25  Public docket.

    (a) A public file is maintained for each petition for rulemaking and 
each Coast Guard regulation and notice published in the Federal 
Register. Each file contains copies of every rulemaking document 
published for the project, public comments received, summaries of public 
meetings or hearings, regulatory assessments, and other publicly-
available information. Members of the public may inspect the public 
docket and copy any documents in the file. Each rulemaking document will 
identify where the public file for that rulemaking is maintained. Public 
dockets for rulemakings originating at Coast Guard Headquarters are kept 
at a Docket Management Facility (DMS) maintained by the Department of 
Transportation, at the Nassif Building, room PL-401, 400 Seventh Street 
SW., Washington, DC 20590-0001. These dockets are available 
electronically through the DMS Web site at http://dms.dot.gov.
    (b) The public dockets for Coast Guard rulemaking activity initiated 
by Coast Guard District Commanders are available for public inspection 
at the appropriate Coast Guard District office.
    (c) The public dockets for Coast Guard rulemaking activity initiated 
by Captains of the Port are available for inspection at the appropriate 
Captain of the Port office.

[CGD 95-057, 60 FR 34148, June 30, 1995, as amended by USCG-2003-14505, 
68 FR 9534, Feb. 28, 2003]



Sec. 1.05-30  Advance notice of proposed rulemaking (ANPRM).

    An advance notice of proposed rulemaking may be used to alert the 
affected public about a new regulatory project, or when the Coast Guard 
needs more information about what form proposed regulations should take, 
the actual need for a regulation, the cost of a proposal, or any other 
information. The ANPRM may solicit general information or ask the public 
to respond to specific questions.



Sec. 1.05-35  Notice of proposed rulemaking (NPRM).

    Under the Administrative Procedure Act (APA), 5 U.S.C. 553, an NPRM 
is generally published in the Federal Register for Coast Guard 
rulemakings. The NPRM normally contains a preamble statement in 
sufficient detail to explain the proposal, its background, basis, and 
purpose, and the various issues involved. It also contains a discussion 
of any comments received in response to prior notices, a citation of 
legal authority for the rule, and the text of the proposed rule.



Sec. 1.05-40  Supplemental notice of proposed rulemaking (SNPRM).

    An SNPRM may be issued if a proposed rule has been substantially 
changed from the original notice of proposed rulemaking. The 
supplemental notice advises the public of the revised proposal and 
provides an opportunity for additional comment. To give the public a 
reasonable opportunity to become reacquainted with a rulemaking, a 
supplemental notice may also be issued if considerable time has elapsed 
since publication of a notice of proposed rulemaking. An SNPRM contains 
the same type of information generally included in an NPRM.



Sec. 1.05-45  Interim rule.

    (a) An interim rule may be issued when it is in the public interest 
to promulgate an effective rule while keeping the rulemaking open for 
further refinement. For example, an interim rule may be issued in 
instances when normal procedures for notice and comment prior to issuing 
an effective rule are not required, minor changes to the final rule may 
be necessary after the interim rule has been in place for some time, or 
the interim rule only implements portions of a proposed rule, while 
other portions of the proposed rule are still under development.
    (b) An interim rule will be published in the Federal Register with 
an effective date that will generally be at least 30 days after the date 
of publication. After the effective date, an interim rule is enforceable 
and is codified in

[[Page 15]]

the next annual revision of the appropriate title of the Code of Federal 
Regulations.



Sec. 1.05-50  Final rule.

    In some instances, a final rule may be issued without prior notice 
and comment. When notice and comment procedures have been used, and 
after all comments received have been considered, a final rule is 
issued. A final rule document contains a preamble that discusses 
comments received, responses to comments and changes made from the 
proposed or interim rule, a citation of legal authority, and the text of 
the rule.



Sec. 1.05-55  Direct final rule.

    (a) A direct final rule may be issued to allow noncontroversial 
rules that are unlikely to result in adverse public comment to become 
effective more quickly.
    (b) A direct final rule will be published in the Federal Register 
with an effective date that is generally at least 90 days after the date 
of publication.
    (c) The public will usually be given at least 60 days from the date 
of publication in which to submit comments or notice of intent to submit 
comments.
    (d) If no adverse comment or notice of intent to submit an adverse 
comment is received within the specified period, the Coast Guard will 
publish a notice in the Federal Register to confirm that the rule will 
go into effect as scheduled.
    (e) If the Coast Guard receives a written adverse comment or a 
written notice of intent to submit an adverse comment, the Coast Guard 
will publish a notice in the final rule section of the Federal Register 
to announce withdrawal of the direct final rule. If an adverse comment 
clearly applies to only part of a rule, and it is possible to remove 
that part without affecting the remaining portions, the Coast Guard may 
adopt as final those parts of the rule on which no adverse comment was 
received. Any part of a rule that is the subject of an adverse comment 
will be withdrawn. If the Coast Guard decides to proceed with a 
rulemaking following receipt of an adverse comment, a separate Notice of 
Proposed Rulemaking (NPRM) will be published unless an exception to the 
Administrative Procedure Act requirements for notice and comment 
applies.
    (f) A comment is considered adverse if the comment explains why the 
rule would be inappropriate, including a challenge to the rule's 
underlying premise or approach, or would be ineffective or unacceptable 
without a change.

[CGD 94-105, 60 FR 49224, Sept. 22, 1995]



Sec. 1.05-60  Negotiated rulemaking.

    (a) The Coast Guard may establish a negotiated rulemaking committee 
under the Negotiated Rulemaking Act of 1990 and the Federal Advisory 
Committee Act (FACA) (5 U.S.C. App. 2) when it is in the public 
interest.
    (b) Generally, the Coast Guard will consider negotiated rulemaking 
when:
    (1) There is a need for a rule;
    (2) There are a limited number of representatives for identifiable 
parties affected by the rule;
    (3) There is a reasonable chance that balanced representation can be 
reached in the negotiated rulemaking committee and that the committee 
members will negotiate in good faith;
    (4) There is a likelihood of a committee consensus in a fixed time 
period;
    (5) The negotiated rulemaking process will not unreasonably delay 
the rule;
    (6) The Coast Guard has resources to do negotiated rulemaking; and
    (7) The Coast Guard can use the consensus of the committee in 
formulating the NPRM and final rule.



    Subpart 1.07_Enforcement; Civil and Criminal Penalty Proceedings

    Authority: 14 U.S.C. 633; Sec. 6079(d), Pub. L. 100-690, 102 Stat. 
4181; 49 CFR 1.46.

    Source: CGD 78-82, 43 FR 54186, Nov. 20, 1978, unless otherwise 
noted.



Sec. 1.07-1  Purpose.

    This part describes procedures for enforcement and administration of 
all statutory penalty provisions that the Coast Guard is authorized to 
enforce.

[[Page 16]]



Sec. 1.07-5  Definitions.

    (a) The term District Commander, when used in this subpart, means 
the District Commander, or any person under the District Commander's 
command, delegated to carry out the provisions of Sec. 1.07-10(b).
    (b) The term Hearing Officer means a Coast Guard officer or employee 
who has been delegated the authority to assess civil penalties.
    (c) The term issuing officer means any qualified Coast Guard 
commissioned, warrant, or petty officer.
    (d) The term Notice of Violation means a notification of violation 
and preliminary assessment of penalty, given to a party, in accordance 
with Sec. 1.07-11.
    (e) The term party means the person alleged to have violated a 
statute or regulation to which a civil penalty applies and includes an 
individual or public or private corporation, partnership or other 
association, or a governmental entity.

[CGD 93-079, 59 FR 16560, Apr. 7, 1994]



Sec. 1.07-10  Reporting and investigation.

    (a) Any person may report an apparent violation of any law, 
regulation, or order that is enforced by the Coast Guard to any Coast 
Guard facility. When a report of an apparent violation has been 
received, or when an apparent violation has been detected by any Coast 
Guard personnel, the matter is investigated or evaluated by Coast Guard 
personnel. Once an apparent violation has been investigated or 
evaluated, a report of the investigation may be sent to the District 
Commander or other designated official in accordance with paragraph (b) 
of this section or a Notice of Violation under Sec. 1.07-11 may be 
given to the party by an issuing officer.
    (b) Reports of any investigation conducted by the Coast Guard or 
received from any other agency which indicate that a violation may have 
occurred may be forwarded to a District Commander or other designated 
official for further action. This is normally the District Commander of 
the District in which the violation is believed to have occurred, or the 
District in which the reporting unit or agency is found. The report is 
reviewed to determine if there is sufficient evidence to establish a 
prima facie case. If there is insufficient evidence, the case is either 
returned for further investigation or closed if further action is 
unwarranted. The case is closed in situations in which the investigation 
has established that a violation did not occur, the violator is unknown, 
or there is little likelihood of discovering additional relevant facts. 
If it is determined that a prima facie case does exist, a case file is 
prepared and forwarded to the Hearing Officer, with a recommended 
action. A record of any prior violations by the same person or entity, 
is forwarded with the case file.

[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by CGD 87-008a, 52 FR 
17554, May 11, 1987; CGD 93-079, 59 FR 16560, Apr. 7, 1994; USCG-2000-
7223, 65 FR 40054, June 29, 2000]



Sec. 1.07-11  Notice of violation.

    (a) After investigation and evaluation of an alleged violation has 
been completed, an issuing officer may issue a Notice of Violation to 
the party.
    (b) The Notice of Violation will contain the following information:
    (1) The alleged violation and the applicable law or regulations 
violated;
    (2) The amount of the maximum penalty that may be assessed for each 
violation;
    (3) The amount of proposed penalty that appears to be appropriate;
    (4) A statement that payment of the proposed penalty within 45 days 
will settle the case;
    (5) The place to which, and the manner in which, payment is to be 
made;
    (6) A statement that the party may decline the Notice of Violation 
and that if the Notice of Violation is declined, the party has the right 
to a hearing prior to a final assessment of a penalty by a Hearing 
Officer.
    (7) A statement that failure to either pay the proposed penalty on 
the Notice of Violation or decline the Notice of Violation and request a 
hearing within 45 days will result in a finding of default and the Coast 
Guard will proceed with the civil penalty in the amount recommended on 
the Notice of Violation without processing the violation under the 
procedures described in 33 CFR 1.07-10(b).

[[Page 17]]

    (c) The Notice of Violation may be hand delivered to the party or an 
employee of the party, or may be mailed to the business address of the 
party.
    (d) If a party declines the Notice of Violation within 45 days, the 
case file will be sent to the District Commander for processing under 
the procedures described in 33 CFR 1.07-10(b).
    (e) If a party pays the proposed penalty on the Notice of Violation 
within 45 days, a finding of proved will be entered into the case file.
    (f) If within 45 days of receipt a party--
    (1) Fails to pay the proposed penalty on the Notice of Violation; 
and
    (2) Fails to decline the Notice of Violation--the Coast Guard will 
enter a finding of default in the case file and proceed with the civil 
penalty in the amount recommended on the Notice of Violation without 
processing the violation under the procedures described in 33 CFR 1.07-
10(b).

[CGD 93-079, 59 FR 66482, Dec. 27, 1994, as amended by USCG-2001-9175, 
67 FR 38388, June 4, 2002]



Sec. 1.07-15  Hearing Officer.

    (a) The Hearing Officer has no other responsibility, direct or 
supervisory, for the investigation of cases referred for the assessment 
of civil penalties. The hearing officer may take action on a case 
referred by any District Commander.
    (b) The Hearing Officer decides each case on the basis of the 
evidence before him, and must have no prior connection with the case. 
The Hearing Officer is solely responsible for the decision in each case 
referred to him.
    (c) The Hearing Officer is authorized to administer oaths and issue 
subpoenas necessary to the conduct of a hearing, to the extent provided 
by law.

[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by CGD 87-008a, 52 FR 
17554, May 11, 1987; USCG-2002-12471, 67 FR 41331, June 18, 2002]



Sec. 1.07-20  Initiation of action.

    (a) When a case is received for action, the Hearing Officer makes a 
preliminary examination of the material submitted. If, on the basis of 
the preliminary examination, the Hearing Officer determines that there 
is insufficient evidence to proceed, or that there is any other reason 
which would make penalty action inappropriate, the Hearing Officer 
returns the case to the District Commander with a written statement of 
the reason. The District Commander may close the case or cause a further 
investigation of the alleged violation to be made with a view toward 
resubmittal of the case to the Hearing Officer.
    (b) If on the basis of the preliminary examination of the case file, 
the Hearing Officer determines that a violation appears to have been 
committed, the Hearing Officer notifies the party in writing of:
    (1) The alleged violation and the applicable law or regulations;
    (2) The amount of the maximum penalty that may be assessed for each 
violation;
    (3) The general nature of the procedure for assessing and collecting 
the penalty;
    (4) The amount of penalty that appears to be appropriate, based on 
the material then available to the Hearing Officer;
    (5) The right to examine all materials in the case file and have a 
copy of all written documents provided upon request; and,
    (6) The fact that the party may demand a hearing prior to any actual 
assessment of a penalty.
    (c) If at any time it appears that the addition of another party to 
the proceedings is necessary or desirable, the Hearing Officer provides 
the additional party with notice as described above.



Sec. 1.07-25  Preliminary matters.

    (a) Within 30 days after receipt of notice of the initiation of the 
action, as described above, the party, or counsel for the party, may 
request a hearing, provide any written evidence and arguments in lieu of 
a hearing, or pay the amount specified in the notice as being 
appropriate. A hearing must be requested in writing; the request must 
specify the issues which are in dispute. Failure to specify a 
nonjurisdictional issue will preclude its consideration.
    (b) The right to a hearing is waived if the party does not submit 
the request to the Hearing Officer within 30 days after receiving notice 
of the alleged

[[Page 18]]

violation. At the discretion of the Hearing Officer, a hearing may be 
granted if the party submits a late request.
    (c) The Hearing Officer must promptly schedule all hearings which 
are requested. The Hearing Officer shall grant any delays or 
continuances which may be necessary or desirable in the interest of 
fairly resolving the case.
    (d) A party who has requested a hearing may amend the specification 
of the issues in dispute at any time up to 10 days before the scheduled 
date of the hearing. Issues raised later than 10 days before the 
scheduled hearing may be presented only at the discretion of the Hearing 
Officer.

[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by CGD 85-001A, 51 FR 
19329, May 29, 1986]



Sec. 1.07-30  Disclosure of evidence.

    The alleged violator may, upon request, receive a free copy of all 
the written evidence in the case file, except material that would 
disclose or lead to the disclosure of the identity of a confidential 
informant. Other evidence or material, such as blueprints, sound or 
video tapes, oil samples, and photographs may be examined in the Hearing 
Officer's offices. The Hearing Officer may provide for examination or 
testing of evidence at other locations if there are adequate safeguards 
to prevent loss or tampering.



Sec. 1.07-35  Request for confidential treatment.

    (a) In addition to information treated as confidential under Sec. 
1.07-30, a request for confidential treatment of a document or portion 
thereof may be made by the person supplying the information on the basis 
that the information is:
    (1) Confidential financial information, trade secrets, or other 
material exempt from disclosure by the Freedom of Information Act (5 
U.S.C. 552);
    (2) Required to be held in confidence by 18 U.S.C. 1905; or
    (3) Otherwise exempt by law from disclosure.
    (b) The person desiring confidential treatment must submit the 
request to the Hearing Officer in writing and state the reasons 
justifying nondisclosure. Failure to make a timely request may result in 
a document being considered as nonconfidential and subject to release.
    (c) Confidential material is not considered by the Hearing Officer 
in reaching a decision unless:
    (1) It has been furnished by a party, or
    (2) It has been furnished pursuant to a subpoena.

[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by USCG-2002-12471, 
67 FR 41331, June 18, 2002]



Sec. 1.07-40  Counsel.

    A party has the right to be represented at all stages of the 
proceeding by counsel. After receiving notification that a party is 
represented by counsel, the Hearing Officer directs all further 
communications to that counsel.



Sec. 1.07-45  Location of hearings and change of venue.

    (a) The hearing is normally held at the office of the Hearing 
Officer.
    (b) The Hearing Officer may transfer a case to another Hearing 
Officer on request or on the Hearing Officer's own motion.
    (c) A request for change of location of a hearing or transfer to 
another Hearing Officer must be in writing and state the reasons why the 
requested action is necessary or desirable. Action on the request is at 
the discretion of the Hearing Officer.

[CGD 87-008a, 52 FR 17554, May 11, 1987]



Sec. 1.07-50  Witnesses.

    A party may present the testimony of any witness either through a 
personal appearance or through a written statement. The party may 
request the assistance of the Hearing Officer in obtaining the personal 
appearance of a witness. The request must be in writing and state the 
reasons why a written statement would be inadequate, the issue or issues 
to which the testimony would be relevant, and the substance of the 
expected testimony. If the Hearing Officer determines that the personal 
appearance of the witness may materially aid in the decision on the 
case, the

[[Page 19]]

Hearing Officer seeks to obtain the witness' appearance. Because many 
statutes prescribing civil penalties do not provide subpoena power, 
there may be cases where a witness cannot be required to attend. In such 
a case, the Hearing Officer may move the hearing to the witness' 
location, accept a written statement, or accept a stipulation in lieu of 
testimony. If none of these procedures is practical, the Hearing Officer 
shall proceed on the basis of the evidence before him.

[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by USCG-2002-12471, 
67 FR 41331, June 18, 2002]



Sec. 1.07-55  Hearing procedures.

    (a) The Hearing Officer must conduct a fair and impartial proceeding 
in which the party is given a full opportunity to be heard. At the 
outset of the hearing, the Hearing Officer insures that the party is 
aware of the nature of the proceeding and of the alleged violation, and 
of the provisions of the law or regulation allegedly violated.
    (b) The material in the case file pertinent to the issues to be 
determined by the Hearing Officer is presented. The party has the right 
to examine, and to respond to or rebut, this material. The party may 
offer any facts, statements, explanations, documents, sworn or unsworn 
testimony, or other exculpatory items which bear on appropriate issues, 
or which may be relevant to the size of an appropriate penalty. The 
Hearing Officer may require the authentication of any written exhibit or 
statement.
    (c) At the close of the party's presentation of evidence, the 
Hearing Officer may allow the introduction of rebuttal evidence. The 
Hearing Officer may allow the party to respond to any such evidence 
submitted.
    (d) In receiving evidence, the Hearing Officer is not bound by 
strict rules of evidence. In evaluating the evidence presented, the 
Hearing Officer must give due consideration to the reliability and 
relevance of each item of evidence.
    (e) The Hearing Officer may take notice of matters which are subject 
to a high degree of indisputability and are commonly known in the 
community or are ascertainable from readily available sources of known 
accuracy. Prior to taking notice of a matter, the Hearing Officer gives 
the party an opportunity to show why notice should not be taken. In any 
case in which notice is taken, the Hearing Officer places a written 
statement of the matters as to which notice was taken in the record, 
with the basis for such notice, including a statement that the party 
consented to notice being taken or a summary of the party's objections.
    (f) After the evidence in the case has been presented, the party may 
present argument on the issues in the case. The party may also request 
an opportunity to submit a written statement for consideration by the 
Hearing Officer and for further review. The Hearing Officer shall allow 
a reasonable time for submission of the statement and shall specify the 
date by which it must be received. If the statement is not received 
within the time prescribed, or within the limits of any extension of 
time granted by the Hearing Officer, the Hearing Officer renders his 
decision in the case.



Sec. 1.07-60  Records.

    (a) A verbatim transcript will not normally be prepared. The Hearing 
Officer prepares notes on the material and points raised by the party, 
in sufficient detail to permit a full and fair review and resolution of 
the case, should it be appealed.
    (b) A party may, at its own expense, cause a verbatim transcript to 
be made. If a verbatim transcript is made, the party shall submit two 
copies to the Hearing Officer not later than the time of filing an 
administrative appeal. The Hearing Officer includes them in the record.

[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by USCG-2002-12471, 
67 FR 41331, June 18, 2002]



Sec. 1.07-65  Hearing Officer's decisions.

    (a) The Hearing Officer issues a written decision. Any decision to 
assess a penalty is based upon substantial evidence in the record. If 
the Hearing Officer finds that there is not substantial evidence in the 
record establishing the alleged violation or some other violation of 
which the party had full and fair notice, the Hearing Officer shall

[[Page 20]]

dismiss the case and remand it to the District Commander. A dismissal is 
without prejudice to the District Commander's right to refile the case 
and have it reheard if additional evidence is obtained. A dismissal 
following a rehearing is final and with prejudice.
    (b) If the Hearing Officer assesses a penalty, the Hearing Officer's 
decision contains a statement advising the party of the right to an 
administrative appeal. The party is advised that failure to submit an 
appeal within the prescribed time will bar its consideration and that 
failure to appeal on the basis of a particular issue will constitute a 
waiver of that issue in any subsequent proceeding.

[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by CGD 85-001A, 51 FR 
19329, May 29, 1986]



Sec. 1.07-70  Right to appeal.

    (a) Any appeal from the decision of the Hearing Officer must be 
submitted by a party within 30 days from the date of receipt of the 
decision. The appeal and any supporting brief must be submitted to the 
Hearing Officer. The only issues which will be considered on appeal are 
those issues specified in the appeal which were properly raised before 
the Hearing Officer and jurisdictional questions.
    (b) The failure to file an appeal within the prescribed time limit 
results in the action of the Hearing Officer becoming the final agency 
action in the case.



Sec. 1.07-75  Action on appeals.

    (a) Upon receipt, the Hearing Officer provides a copy of the appeal 
and any supporting brief to the District Commander who referred the 
case. Any comments which the District Commander desires to submit must 
be received by the Hearing Officer within 30 days. The Hearing Officer 
includes the District Commander's comments, or not later than 30 days 
after receipt of the appeal if no comments are submitted by the District 
Commander, the Hearing Officer forwards all materials in the case to the 
Commandant.
    (b) The Commandant issues a written decision in each case and 
furnishes copies to the party, the District Commander, and the Hearing 
Officer, The Commandant may affirm, reverse, or modify the decision, or 
remand the case for new or additional proceedings. In the absence of a 
remand, the decision of the Commandant on appeal shall be final. In 
addition to the actions which may be taken by the Commandant on appeal, 
the Commandant may also remit, mitigate or suspend the assessment in 
whole or in part. Upon the taking of remission, mitigation, or 
suspension action, the Commandant will inform the party of the action 
and any conditions placed on the action.

[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by CGD 87-008a, 52 FR 
17555, May 11, 1987]



Sec. 1.07-80  Reopening of hearings.

    (a) At any time prior to final agency action in a civil penalty 
case, a party may petition to reopen the hearing on the basis of newly 
discovered evidence.
    (b) Petitions to reopen must be in writing describing the newly 
found evidence and must state why the evidence would probably produce a 
different result favorable to the petitioner, whether the evidence was 
known to the petitioner at the time of the hearing and, if not, why the 
newly found evidence could not have been discovered in the exercise of 
due diligence. The party must submit the petition to the Hearing 
Officer.
    (c) The District Commander may file comments in opposition to the 
petition. If comments are filed, a copy is provided the party.
    (d) A petition to reopen is considered by the Hearing Officer unless 
an appeal has been filed, in which case the petition is considered by 
the Commandant.
    (e) The decision on the petition is decided on the basis of the 
record, the petition, and the comments in opposition, if any. The 
petition is granted only when newly found evidence is described which 
has a direct and material bearing on the issues and when a valid 
explanation is provided as to why the evidence was not and could not 
have been, in the exercise of due diligence, produced at the hearing. 
The decision is rendered in writing.
    (f) Following a denial of a petition to reopen, the party is given 
30 days to file an appeal if one has not already

[[Page 21]]

been filed, or to amend an appeal which has already been filed.

[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by CGD 87-008a, 52 FR 
17555, May 11, 1987]



Sec. 1.07-85  Collection of civil penalties.

    (a) Payment of a civil penalty may be made by check or postal money 
order payable to the U.S. Coast Guard.
    (b) Within 30 days after receipt of the Commandant's decision on 
appeal, or the Hearing Officer's decision in a case in which no appeal 
has been filed, the party must submit payment of any assessed penalty to 
the office specified in the assessment notice. Failure to make timely 
payment will result in the institution of appropriate action under the 
Federal Claims Collection Act and the regulations issued thereunder.
    (c) When a penalty of not more than $200 has been assessed under 
Chapter 43 or 123 of Title 46 U.S.C., the matter may be referred for 
collection of the penalty directly to the Federal Magistrate of the 
jurisdiction wherein the person liable may be found, for the institution 
of collection procedures under supervision of the district court, if the 
court has issued an order delegating such authority under section 636(b) 
of Title 28, United States Code.

[CGD 87-008a, 52 FR 17555, May 11, 1987]



Sec. 1.07-90  Criminal penalties.

    (a) Prosecution in the Federal courts for violations of those laws 
or regulations enforced by the Coast Guard which provide, upon 
conviction, for punishment by fine or imprisonment is a matter finally 
determined by the Department of Justice. This final determination 
consists of deciding whether and under what conditions to prosecute or 
to abandon prosecution.
    (b) Except in those cases where the approval of the Commandant is 
required, the Area, Maintenance & Logistics Command (MLC), and District 
Commanders are authorized to refer the case to the U.S. attorney. The 
Commandant's approval is required in the following cases where evidence 
of a criminal offense is disclosed:
    (1) Marine casualties or accidents resulting in death.
    (2) Marine Boards (46 CFR part 4).
    (3) Violations of port security regulations (33 CFR parts 6, 121 to 
126 inclusive).
    (c) The Area, MLC, or District Commander will identify the laws or 
regulations which were violated and make specific recommendations 
concerning the proceedings to be instituted by the U.S. attorney in 
every case.

[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by USCG-2001-9286, 66 
FR 33639, June 25, 2001]



Sec. 1.07-95  Civil and criminal penalties.

    (a) If a violation of law or regulation carries both a civil and a 
criminal penalty, the Area, MLC, and District Commanders are authorized 
to determine whether to institute civil penalty proceedings or to refer 
the case to the U.S. attorney for prosecution in accordance with Sec. 
1.07-90.
    (b) When the U.S. Attorney declines to institute criminal 
proceedings, the Area, MLC, or District Commander decides whether to 
initiate civil penalty proceedings or to close the case.

[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by USCG-2001-9286, 66 
FR 33639, June 25, 2001]



Sec. 1.07-100  Summons in lieu of seizure of commercial fishing industry 
vessels.

    (a) As used in this section, the following terms have the meanings 
specified:
    (1) Commercial fishing industry vessel means a fishing vessel, a 
fish processing vessel, or a fish tender vessel as defined in 46 U.S.C. 
2101 (11a), (11b), or (11c), respectively.
    (2) Personal use quantity means a quantity of a controlled substance 
as specified in 19 CFR 171.51.
    (b) When a commercial fishing industry vessel is subject to seizure 
for a violation of 21 U.S.C. 881(a)(4), (6), or (7); of 19 U.S.C. 
1595a(a); or of 49 U.S.C. App. 782 and the violation involves the 
possession of a personal use quantity of a controlled substance, the 
vessel shall be issued a summons to appear as prescribed in subpart F of 
19 CFR part 171 in lieu of seizure, provided that the vessel is:
    (1) Proceeding to or from a fishing area or intermediate port of 
call; or

[[Page 22]]

    (2) Actively engaged in fishing operations.

[CGD 89-003, 54 FR 37615, Sept. 11, 1989]



     Subpart 1.08_Written Warnings by Coast Guard Boarding Officers

    Authority: 14 U.S.C. 633; 49 CFR 1.46(b).



Sec. 1.08-1  Applicability.

    (a) The regulations in this subpart apply to certain violations of 
the following statutes and regulations for which Coast Guard boarding 
officers are authorized to issue written warnings instead of 
recommending civil or criminal penalty procedures under subpart 1.07 of 
this part:
    (1) 46 CFR 25.05 whistles or other sound producing devices;
    (2) 33 CFR part 175, subpart B and 46 CFR subpart 25.25, Personal 
Flotation Devices.
    (3) 46 CFR 25.35 backfire flame control;
    (4) 46 CFR 25.40 ventilation;
    (5) 33 CFR part 173 numbering;
    (6) 46 U.S.C. 103, documented yachts;
    (7) 33 CFR part 155 oil pollution prevention; and
    (8) 46 CFR 25.30 fire extinguishers;
    (9) 33 CFR part 159 marine sanitation devices;
    (10) 33 CFR part 175 subpart C, Visual Distress Signals.
    (11) 33 CFR 88.05 Copy of rules.
    (b) The Commandant authorizes designated boarding officers to issue 
warnings for certain minor violations of the statutes and regulations 
listed in paragraph (a) of this section. Written warnings are not 
authorized for all violations of these statutes and regulations.

(14 U.S.C. 633, 85 Stat. 228 (46 U.S.C. 1488); 86 Stat. 871 (33 U.S.C. 
1322); 49 CFR 1.46(b), (m), and (n)(1))

[CGD 74-155, 41 FR 17894, Apr. 29, 1976, as amended by CGD 77-182, 43 FR 
22657, May 25, 1978; CGD 82-040, 47 FR 21042, May 17, 1982; CGD 85-009, 
50 FR 10761, Mar. 18, 1985]



Sec. 1.08-5  Procedures.

    (a) A written warning may be issued where the boarding officer 
determines that:
    (1) The observed violation is a first offense; and
    (2) The operator states that the violation will be promptly 
corrected.
    (b) A written warning may not be issued where:
    (1) The operator is required to be licensed;
    (2) The violation is a failure to have required safety equipment on 
board; or
    (3) The boarding officer notes three or more violations during one 
boarding.
    (c) Each district office maintains a record of each written warning 
issued within that district for a period of not more than one year after 
date of issue except in cases involving violations of 33 CFR part 159 
marine sanitation devices, records of which are maintained by each 
district office for not more than three years after date of issue.
    (d) The district commander of the district in which the warning is 
issued may rescind a written warning and institute civil penalty action 
under Sec. 1.07-9 of this part if a record check discloses a prior 
written warning or violation issued within one year or in the case of a 
violation of 33 CFR part 159 a prior written warning or violation issued 
within three years.
    (e) Within 15 days after the date of issue, any person issued a 
written warning by a Coast Guard boarding officer may appeal the 
issuance of the warning to the district commander by providing in 
writing or in person any information that denies, explains, or mitigates 
the violations noted in the warning.
    (f) Each written warning shall indicate that:
    (1) The warning is kept on file for a period of not more than one 
year after date of issue or in the case of a violation of 33 CFR part 
159 a period of not more than three years for reference in determining 
appropriate penalty action if there is a subsequent violation;
    (2) If a record check reveals a prior written warning or violation 
within the time period designated in Sec. 1.08-5(d) of this part, the 
warning may be revoked and civil penalty action instituted;
    (3) If an additional violation occurs within the time period 
designated in Sec. 1.08-5(d) the warning may be used as a basis for the 
assessment of a higher

[[Page 23]]

penalty for the subsequent violation; and
    (4) Within 15 days after the date of issue, the person who is issued 
the warning may appeal to the District Commander by providing in writing 
or in person any information or material that denies, explains, or 
mitigates the violations noted in the warning.

(14 U.S.C. 633; 85 Stat. 228 (46 U.S.C. 1488); 86 Stat. 871 (33 U.S.C. 
1322); 49 CFR 1.46 (b), (m), and (n)(1))

[CGD 74-155, 41 FR 17894, Apr. 29, 1976, as amended by CGD 77-182, 43 FR 
22657, May 25, 1978]



             Subpart 1.10_Public Availability of Information

    Authority: 5 U.S.C. 552, 14 U.S.C. 633, sec. 6(b)(1), 80 Stat. 937 
(49 U.S.C. 1655(b)(1)); 49 CFR 1.46(b).

    Source: CGD-73-54R, 38 FR 12396, May 11, 1973, unless otherwise 
noted.



Sec. 1.10-1  Official records and documents.

    Identifiable records and documents of the Coast Guard are made 
available to the public in accordance with the Department of 
Transportation regulations contained in part 7 of title 49, Code of 
Federal Regulations.



Sec. 1.10-5  Public availability of records and documents.

    (a) Each person desiring to inspect a record or document covered by 
this subpart that is located in Headquarters, or to obtain a copy of 
such a record or document, must make a written request to the Chief, 
Office of Information Management, U.S. Coast Guard Headquarters, 2100 
Second Street SW., Washington, DC 20593-0001.
    (b) Each person desiring to inspect a record or document covered by 
this subpart that is located in a Coast Guard district, or to obtain a 
copy of such a record or document, must make a written request to the 
district commander in command of the district, or to the officer-in-
charge of the appropriate marine inspection zone. Coast Guard districts 
and marine inspection zones are listed in part 3 of this chapter.
    (c) If the person making the request does not know where in the 
Coast Guard the record or document is located, he may send his request 
to the Chief, Office of Information Management, at the address in 
paragraph (a) of this section.

[CGD-73-54R, 38 FR 12396, May 11, 1973, as amended by CGD 96-026, 61 FR 
33662, June 28, 1996]



   Subpart 1.20_Testimony by Coast Guard Personnel and Production of 
                      Records in Legal Proceedings

    Authority: 5 U.S.C. 301; 14 U.S.C. 632, 633, 49 U.S.C. 322; 49 CFR 
1.46 and part 9.



Sec. 1.20-1  Testimony by Coast Guard personnel and production of 
records.

    (a) The regulations in 49 CFR part 9 apply to the testimony of Coast 
Guard personnel, production of Coast Guard records, and service of 
process in legal proceedings.
    (b) Except for the acceptance of service of process or pleadings 
under paragraph (d) of this section and 49 CFR 9.19, the Legal Officer 
of each Maintenance and Logistics Command, each District Legal Officer, 
and the Legal Officer assigned to any other Coast Guard unit or command, 
for matters involving personnel assigned to their command, are delegated 
the functions of ``agency counsel'' described in 49 CFR part 9.
    (c) A request for a member or employee of the Coast Guard to 
testify, or for permission to interview such a member or employee, 
should be made to the Legal officer serving the command to which that 
member or employee is assigned, or, if the member or employee is serving 
at Coast Guard Headquarters, or with a command receiving legal services 
from the Chief counsel, U.S. Coast Guard, to the Chief, Office of Claims 
and Litigation. Should the member or employee no longer be employed by 
the Coast Guard, and the testimony or information sought falls within 
the provisions of 49 CFR part 9, the request should be made to the 
District Legal Officer serving the geographic area where the former 
member

[[Page 24]]

or employee resides or, if no District Legal Officer has geographic 
responsibility, to the Chief, Office of Claims and Litigation.
    (d) Process or pleadings in any legal proceeding concerning the 
Coast Guard may be served, at the option of the server, on the Chief 
Counsel or the Deputy Chief Counsel of the Coast Guard with the same 
effect as if served on the Commandant of the Coast Guard. The official 
accepting the service under this section acknowledges the service and 
takes further action as appropriate.

(80 Stat. 383, as amended, sec. 1, 33 Stat. 1022, as amended, sec. 9, 80 
Stat. 944; 5 U.S.C. 552, 14 U.S.C. 632, 633, 46 U.S.C. 375, 416, 49 
U.S.C. 1657 (a) and (e); 49 CFR 1.46, and part 9)

[CGFR 71-30, 36 FR 8732, May 12, 1971, as amended by CGD 95-057, 60 FR 
34150, June 30, 1995; USCG-1998-3799, 63 FR 35525, June 30, 1998]



     Subpart 1.25_Fees and Charges for Certain Records and Services

    Authority: 5 U.S.C. 552; 14 U.S.C. 633; 49 CFR 1.46.



Sec. 1.25-1  Purpose.

    (a) The regulations in this subpart established fees and charges 
which shall be imposed by the Coast Guard for making copies or excerpts 
of information or records, and for issuing certain duplicate documents, 
certificates, or licenses.
    (b) These fees and charges are imposed as required by Title V of the 
Independent Offices Appropriation Act of 1952 (Sec. 501, 65 Stat. 290, 
31 U.S.C. 483a). This Act states that it is the sense of Congress that 
fees and charges shall be charged for services rendered the public by 
Federal agencies in order that such services may be performed on a self-
sustaining basis to the fullest extent possible.



Sec. 1.25-30  Exceptions.

    (a) The general policies and instructions of the Bureau of the 
Budget specify when certain services as specifically described in this 
subpart will be furnished without charge.
    (b) The fees and charges prescribed in this subpart are not 
applicable when requested by, or furnished to, the following persons, or 
under the following circumstances:
    (1) A person who donated the original document.
    (2) A person who has an official, voluntary or cooperative 
relationship to the Coast Guard in rendering services promoting safety 
of life and property.
    (3) Any agency, corporation or branch of the Federal Government.
    (4) A person found guilty by an administrative law judge receives 
one copy of the transcript of the hearing if he:
    (i) Files a notice of appeal, under 46 CFR 5.30-1; and
    (ii) Requests a copy of the transcript.
    (5) A person who has been required to furnish personal documents 
retained by the Coast Guard.
    (6) For other exceptions see 49 CFR 7.97.

(31 U.S.C. 483a; 49 U.S.C. 1655(b)(1); 49 CFR 1.46(b))

[CGFR 67-13, 32 FR 11211, Aug. 2, 1967, as amended by CGD 76-124, 42 FR 
23507, May 9, 1977]



Sec. 1.25-40  Fees for services for the public.

    The fees for services performed for the public, as prescribed in 
sections 552(a) (2) and (3) of title 5, United States Code, by the 
Department of Transportation are in subpart I of title 49, Code of 
Federal Regulations. The fee schedule for these services is contained in 
49 CFR 7.95. The applicable fees are imposed and collected by the Coast 
Guard as prescribed in 49 CFR 7.93.

(Title V, 65 Stat. 268, 290; sec. 6(b)(1), 80 Stat. 937; 31 U.S.C. 483a; 
49 U.S.C. 1655(b)(1); 49 CFR 1.46(b))

[CGD 72-62R, 37 FR 20166, Sept. 27, 1972; 37 FR 21481, Oct. 12, 1972, as 
amended by 40 FR 23743, June 2, 1975; CGD 77-065, 42 FR 31169, June 20, 
1977; CGD 89-085, 55 FR 23930, June 13, 1990; CGD 91-002, 58 FR 15236, 
Mar. 19, 1993]



Sec. 1.25-45  Special admeasurement services.

    If an admeasurer is assigned to measure or certify the tonnage of a 
vessel at the request of the owner thereof at a place other than a port 
of entry, a custom station, or port where an officer-

[[Page 25]]

in-charge, marine inspection, is located, the owner shall pay the 
admeasurer's:
    (a) Pay based on the hourly rate for the grade or level of position 
held or the daily military compensation rate, as appropriate;
    (b) Travel expense based on the estimated cost of travel from and 
return to the nearest port of entry, customs station, or office of an 
officer-in-charge, marine inspection; and
    (c) Daily subsistence expense from the time he leaves his official 
duty station until he returns thereto.

(Title V, 65 Stat. 268, 290; sec. 6(b)(1), 80 Stat. 937; 31 U.S.C. 483a; 
49 U.S.C. 1655(b)(1); 49 CFR 1.46(b))

[CGD 72-62R, 37 FR 20166, Sept. 27, 1972]



Sec. 1.25-48  Oceanographic research.

    (a) Each person allowed by the Coast Guard to join a Coast Guard 
voyage for the purpose of oceanographic research is charged the cost of 
each meal that he consumes while on board the Coast Guard vessel.
    (b) The person, company, association, or government agency engaging 
a Coast Guard vessel for an oceanographic research study is charged the 
daily cost of operating the vessel.

(Title V, 65 Stat. 268, 290; sec. 6(b)(1), 80 Stat. 937; 31 U.S.C. 483a; 
49 U.S.C. 1655(b)(1); 49 CFR 1.46(b))

[CGD 72-62R, 37 FR 20167, Sept. 27, 1972]



Sec. 1.25-80  Payment of fees, charges or sales.

    (a) The payment of fees and charges must be made by postal money 
order or check payable to the ``Treasurer of the United States'' or 
``U.S. Coast Guard,'' and sent to the office of the Coast Guard 
performing the service or furnishing or delivering the record, document, 
or certificate. If copy is to be transmitted by registered, air, or 
special delivery mail, postal fees therefor will be added to fees 
provided in this subpart (or the order must include postage stamps or 
stamped return envelopes).
    (b) The fee is payable in advance.

[CGFR 67-13, 32 FR 11211, Aug. 2, 1967]



    Subpart 1.26_Charges for Duplicate Medals, and Sales of Personal 
               Property, Equipment or Services and Rentals

    Authority: 14 U.S.C. 633; 49 CFR 1.46(k).

    Source: CGFR 67-13, 32 FR 11211, Aug. 2, 1967, unless otherwise 
noted.



Sec. 1.26-1  Purpose.

    (a) The regulations in this subpart establish charges which shall be 
imposed by the Coast Guard when the Coast Guard sells supplies, 
equipment, apparatus, temporary shelter, and services under certain 
specified conditions as authorized by law.
    (b) These sales are intended to permit repayment of costs involved 
in those instances which are ordinarily outside the scope of those 
distress services with which the Coast Guard is primarily concerned (14 
U.S.C. 88), or the equipment and apparatus are not readily procurable in 
the open market.



Sec. 1.26-5  Replacement of medals.

    (a) A medal, or a bar, emblem, or insignia in lieu thereof, that is 
lost, destroyed, or rendered unfit for use without fault or neglect on 
the part of the person to whom it was awarded by the Coast Guard is 
replaced without charge by the Coast Guard as authorized in 14 U.S.C. 
501.
    (b) A medal, a bar, emblem or insignia in lieu thereof, that is 
lost, destroyed, or rendered unfit for use due to the fault or neglect 
of the person to whom it was awarded, is replaced after the Coast Guard 
is reimbursed for its cost. Current prices may be obtained from 
Commandant (G-WPM-3), 2100 2nd St. SW. Washington, DC 20593.

(Sec. 1, 63 Stat. 537, 545; sec. 6(b)(1), 80 Stat. 937; 14 U.S.C. 501, 
633; 49 U.S.C. 1655(b)(1); 49 CFR 1.46(b))

[CGD 72-207R, 37 FR 25167, Nov. 28, 1972 as amended by CGD 85-077, 51 FR 
25366, July 14, 1986; CGD 96-026, 61 FR 33662, June 28, 1996]



Sec. 1.26-10  Sales to Coast Guard Auxiliary.

    (a) The provisions of Title 14, U.S. Code, section 891, authorizes 
the Coast Guard to furnish the Coast Guard Auxiliary such items as 
flags, pennants, uniforms, and insignia at actual cost.

[[Page 26]]

    (b) Sales of the following items (when available) are permitted to 
members of the Auxiliary:
    (1) Auxiliary flags and pennants.
    (2) Uniforms.
    (3) Auxiliary insignia.

(Sec. 891, 63 Stat. 557 (14 U.S.C. 891)).



Sec. 1.26-15  Sales of nonexcess personal property and services.

    (a) Authority. The provisions of Title 14, U.S. Code, section 
641(b), authorizes the Coast Guard to sell apparatus or equipment 
manufactured by or in use in the Coast Guard, which is not readily 
procurable in the open market. The provisions of Title 14, U.S. Code, 
section 654 (Pub. L. 86-159 approved Aug. 14, 1959), authorize the Coast 
Guard to sell supplies and furnish services to public and commercial 
vessels, and other watercraft. 49 U.S.C. 44502(d) authorizes the Coast 
Guard to provide for assistance, the sale of fuel, oil, equipment, and 
supplies, to an aircraft when necessary to allow the aircraft to 
continue to the nearest private airport.
    (b) Charges established by District Commander. The charges for 
supplies and services which may be normally expected to be furnished to 
persons, corporations, companies, vessels, and other watercraft, and 
non-Federal aircraft will vary between various geographical regions 
depending on local circumstances. The District Commander is hereby 
delegated authority to prescribe and he shall establish, in advance 
wherever practicable, the charges to be imposed and collected in various 
areas under his jurisdiction, which will be in accordance with the 
applicable general minimum terms and conditions in the laws and this 
section. In those cases where the charges have not been established in 
advance, the matter shall be priced on an individual basis, taking into 
consideration the facts and circumstances regarding the situation. The 
list(s) of charges established by the District Commander shall be 
available for reading and copying at the office of the issuing District 
Commander, which list(s) will be up-dated and reissued when necessary.
    (c) Sales to vessels and other watercraft. (1) The charges imposed 
for services are intended to permit repayment of costs involved in those 
instances where supplies and services are furnished to meet the 
necessities of the circumstances, and such vessels or watercraft are not 
within the scope of those distress services performed by the Coast 
Guard.
    (2) Charges for sales of supplies and/or furnishing of services are 
considered appropriate when the furnishing of food, fuel, general 
stores, or repairs to the vessel or its equipage are primarily for the 
convenience of the owner, master, or crew, and furnished at his or their 
request. It is not intended and the Coast Guard does not procure and 
stock equipment and supplies except as provided for in current 
instructions issued by competent authority.
    (3) Supplies provided and services performed will be of a limited 
nature consistent with the situation and within the capabilities of the 
Coast Guard unit concerned; provided this will not be in competition 
with commercial enterprise when such facilities are available and deemed 
adequate. It is not intended to permit the operators of vessels or 
watercraft to take advantage of the Government by demanding free 
supplies or services. Determination as to whether charges will be made 
is dependent upon the circumstances involved in each instance. The 
responsibility to make this determination rests with the District 
Commander who may delegate it to his subordinates.
    (4) The minimum charge for any supplies or services furnished to a 
vessel or other watercraft shall be $10. The prices for fuels and 
materials which may be sold will be at Coast Guard cost plus 20 percent 
or, if readily determinable, at the commercial price in the immediate 
operating area, whichever is higher. The charges for services furnished 
a vessel or watercraft will be an average cost equal to the full price, 
plus taxes, that a boat owner would pay a local commercial concern for 
such services.
    (5) The sales of supplies and services will be documented and will 
set forth the name, type, and identifying number of the vessel or 
watercraft receiving supplies or services; name and address of vessel's 
owner; and conditions under which it was determined to make a sale to 
the vessel or watercraft. Wherever possible, payment shall be

[[Page 27]]

obtained at the time supplies and services are furnished.
    (d) Sales of equipment not readily procurable on the open market. 
Charges imposed for sales of apparatus and equipment manufactured by or 
in use in the Coast Guard which, in the opinion of the Commandant (FS), 
is not readily procurable in the open market, are subject to the 
following conditions:
    (1) The apparatus or equipment has not been reported as excess to 
the General Services Administration (if so reported, requests to 
purchase will be submitted by the Commandant (FS) to the General 
Services Administration); and,
    (2) The apparatus or equipment is not classified for security 
reasons or is not dangerous to the public health and safety; and,
    (3) The authorized buyers of this apparatus or equipment are 
foreign, State, or municipal governments or governmental units thereof; 
parties required to maintain private aids to navigation; contractors 
engaged on public works; and in other cases in which, in the judgment of 
the Commandant (FS), the public interest may be served; and,
    (4) The approved sales will be at prices determined by the 
Commandant (FS), which will include an overhead charge not to exceed 25 
percent of acquisition cost.
    (e) Sales to and storage of non-Federal aircraft. (1) Activities 
having the necessary supplies and facilities are authorized to furnish 
fuel, oil, equipment, supplies, mechanical services, temporary storage, 
or other assistance to any aircraft operated by State, municipal, or 
private enterprise in emergency cases. Complete engines, airplane wings, 
or other major items of equipment shall not be furnished without prior 
authority from the Commandant.
    (2) Aircraft damaged to the extent that major repairs are required 
may be given emergency storage at the request of the pilot, provided the 
necessary facilities are available. No such aircraft will be given a 
major or minor overhaul. Damaged aircraft may be stored in its original 
damaged condition. If aircraft requires extensive repairs, such as would 
include the replacing of major parts and such major parts cannot be made 
available or supplied within a reasonable length of time by the operator 
of such aircraft, then the aircraft must be removed from the Coast Guard 
reservation by the operator without delay.
    (3) The Government will not assume any responsibility for any loss 
or damage incurred by such aircraft while on a Coast Guard reservation 
and the owner shall be required to remove the aircraft from the 
reservation at the earliest practicable date.
    (4) Storage charges for such aircraft on a Coast Guard reservation 
shall be as follows:
    (i) For the first 6 working days, no charge;
    (ii) For each calendar day thereafter, $3 for a single motor plane 
and $5 for a dual or multiengine plane.
    (5) In the absence of any information to the contrary regarding a 
particular item or material, the price at which the item is carried in 
stock, or on the Plant Property Record (book price) will be regarded as 
the fair market value.
    (6) When materials or services or both materials and services are 
furnished an aircraft, a deposit equal to the estimated value of such 
services and materials as will be required shall be obtained in advance 
of the rendition of the services and issuance of the materials.
    (7) The charges for mechanical services rendered (other than in 
connection with the arrival, refueling, and departure of airplanes) 
shall be an hourly charge for labor, with a minimum of 1 hour, which 
shall be the equivalent to the schedule of wage rates for civilian 
personnel for the district (i.e., machinists, helpers, etc.), regardless 
of whether the services are performed by enlisted or civilian personnel.

(Sec. 1107, 72 Stat. 798, as amended; sec. 641, 63 Stat. 547, as 
amended; sec. 1, 73 Stat. 357; 49 U.S.C. 1507; 14 U.S.C. 641(b), 654)

[CGFR 67-13, 32 FR 11211, Aug. 2, 1967, as amended by USCG-1998-3799, 63 
FR 35525, June 30, 1998]



Sec. 1.26-20  Sales to eligible foreign governments.

    (a) Policy of United States. The Congressional policy is set forth 
in Title

[[Page 28]]

22, U.S. Code, section 2351. The Executive Order No. 10973 dated 
November 3, 1961 (26 FR 10469), describes the administration of foreign 
assistance and related functions.
    (b) Diplomatic transactions. Sales of Coast Guard material under 
reimbursable aid will be by direction of the Commandant (FS) and as 
approved by the Office of the Chief of Naval Operations. Reimbursable 
aid transactions are diplomatic transactions and are negotiated 
primarily between the respective foreign military attach[eacute] or 
other representatives of their embassy in Washington, DC, and the Office 
of the Chief of Naval Operations. Prices will be based on material cost 
only and estimates will not include packing, crating, and handling or 
transportation costs. Under reimbursable aid, transportation costs are 
borne by the purchasing country and shipments are usually accomplished 
on collect commercial bills of lading.



Sec. 1.26-25  Payment of charges.

    (a) The payment of charges shall be by postal money order or check 
payable to ``U.S. Coast Guard,'' and given or sent to the office of the 
Coast Guard performing the service or furnishing the supplies, 
equipment, etc.



PART 2_JURISDICTION--Table of Contents




                            Subpart A_General

Sec.
2.1 Purpose.
2.5 Specific definitions control.

                     Subpart B_Jurisdictional Terms

2.20 Territorial sea baseline.
2.22 Territorial sea.
2.24 Internal waters.
2.26 Inland waters.
2.28 Contiguous zone.
2.30 Exclusive Economic Zone.
2.32 High seas.
2.34 Waters subject to tidal influence; waters subject to the ebb and 
          flow of the tide; mean high water.
2.36 Navigable waters of the United States, navigable waters, 
          territorial waters.
2.38 Waters subject to the jurisdiction of the United States; waters 
          over which the United States has jurisdiction.

           Subpart C_Availability of Jurisdictional Decisions

2.40 Maintenance of decisions.
2.45 Decisions subject to change or modification and availability of 
          lists and charts.

    Authority: 14 U.S.C. 633; 33 U.S.C. 1222; Pub. L. 89-670, 80 Stat. 
931, 49 U.S.C. 108; Pub. L. 107-296, 116 Stat. 2135, 2249, 6 U.S.C. 101 
note and 468; Department of Homeland Security Delegation No. 0170.1.

    Source: USCG-2001-9044, 68 FR 42598, July 18, 2003, unless otherwise 
noted.



                            Subpart A_General



Sec. 2.1  Purpose.

    (a) The purpose of this part is to define terms the Coast Guard uses 
in regulations, policies, and procedures, to determine whether it has 
jurisdiction on certain waters in cases where specific jurisdictional 
definitions are not otherwise provided.
    (b) Figure 2.1 is a visual aid to assist you in understanding this 
part.

[[Page 29]]

[GRAPHIC] [TIFF OMITTED] TR18JY03.046



Sec. 2.5  Specific definitions control.

    In cases where a particular statute, regulation, policy or procedure 
provides a specific jurisdictional definition that differs from the 
definitions contained in this part, the former definition controls.

    Note to Sec. 2.5: For example, the definition of ``inland waters'' 
in the Inland Navigational Rules Act of 1980 (33 U.S.C. 2003(o)) would 
control the interpretation of inland

[[Page 30]]

navigation rules created under that Act and the ``inland waters'' 
definition in 46 CFR 10.103 would control regulations in 46 CFR part 10. 
Also, in various laws administered and enforced by the Coast Guard, the 
terms ``State'' and ``United States'' are defined to include some or all 
of the territories and possessions of the United States. The definitions 
in Sec. Sec. 2.36 and 2.38 should be considered as supplementary to 
these statutory definitions and not as interpretive of them.



                     Subpart B_Jurisdictional Terms



Sec. 2.20  Territorial sea baseline.

    Territorial sea baseline means the line defining the shoreward 
extent of the territorial sea of the United States drawn according to 
the principles, as recognized by the United States, of the Convention on 
the Territorial Sea and the Contiguous Zone, 15 U.S.T. 1606, and the 
1982 United Nations Convention on the Law of the Sea (UNCLOS), 21 I.L.M. 
1261. Normally, the territorial sea baseline is the mean low water line 
along the coast of the United States.
    Note to Sec. 2.20: Charts depicting the territorial sea baseline 
are available for examination in accordance with Sec. 1.10-5 of this 
chapter.



Sec. 2.22  Territorial sea.

    (a) With respect to the United States, the following apply--
    (1) Territorial sea means the waters, 12 nautical miles wide, 
adjacent to the coast of the United States and seaward of the 
territorial sea baseline, for--
    (i) Statutes included within subtitle II and subtitle VI, title 46, 
U.S.C.; the Ports and Waterways Safety Act, as amended (33 U.S.C. 1221-
1232); the Act of June 15, 1917, as amended (50 U.S.C. 191-195); and the 
Vessel Bridge-to-Bridge Radiotelephone Act (33 U.S.C. 1201-1208), and 
any regulations issued under the authority of these statutes.
    (ii) Purposes of criminal jurisdiction pursuant to Title 18, United 
States Code.
    (iii) The special maritime and territorial jurisdiction as defined 
in 18 U.S.C. 7.
    (iv) Interpreting international law.
    (v) Any other treaty, statute, or regulation, or amendment thereto, 
interpreted by the Coast Guard as incorporating the definition of 
territorial sea as being 12 nautical miles wide, adjacent to the coast 
of the United States and seaward of the territorial sea baseline.
    (2) Unless otherwise specified in paragraph (a)(1) of this section, 
territorial sea means the waters, 3 nautical miles wide, adjacent to the 
coast of the United States and seaward of the territorial sea baseline.
    (3) In cases where regulations are promulgated under the authority 
of statutes covered by both paragraphs (a)(1) and (a)(2) of this 
section, the Coast Guard may use the definition of territorial sea in 
paragraph (a)(1) of this section.
    (b) With respect to any other nation, territorial sea means the 
waters adjacent to its coast that have a width and baseline recognized 
by the United States.

[USCG-2001-9044, 68 FR 42598, July 18, 2003, as amended by USCG-2003-
14792, 68 FR 60470, Oct. 22, 2003]



Sec. 2.24  Internal waters.

    (a) With respect to the United States, internal waters means the 
waters shoreward of the territorial sea baseline.
    (b) With respect to any other nation, internal waters means the 
waters shoreward of its territorial sea baseline, as recognized by the 
United States.



Sec. 2.26  Inland waters.

    Inland waters means the waters shoreward of the territorial sea 
baseline.



Sec. 2.28  Contiguous zone.

    (a) For the purposes of the Federal Water Pollution Control Act (33 
U.S.C. 1251 et seq.), contiguous zone means the zone, 9 nautical miles 
wide, adjacent to and seaward of the territorial sea, as defined in 
Sec. 2.22(a)(2), that was declared to exist in Department of State 
Public Notice 358 of June 1, 1972 and that extends from 3 nautical miles 
to 12 nautical miles as measured from the territorial sea baseline.
    (b) For all other purposes, contiguous zone means all waters within 
the area adjacent to and seaward of the territorial sea, as defined in 
Sec. 2.22(a), and extending to 24 nautical miles from the territorial 
sea baseline, but in no case extending within the territorial sea of

[[Page 31]]

another nation, as declared in Presidential Proclamation 7219 of 
September 2, 1999 (113 Stat. 2138).



Sec. 2.30  Exclusive Economic Zone.

    (a) With respect to the United States, including the Commonwealth of 
Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, 
American Samoa, the United States Virgin Islands, and any other 
territory or possession over which the United States exercises 
sovereignty, exclusive economic zone means the zone seaward of and 
adjacent to the territorial sea, as defined in Sec. 2.22(a), including 
the contiguous zone, and extending 200 nautical miles from the 
territorial sea baseline (except where otherwise limited by treaty or 
other agreement recognized by the United States) in which the United 
States has the sovereign rights and jurisdiction and all nations have 
the high seas freedoms mentioned in Presidential Proclamation 5030 of 
March 10, 1983.
    (b) Under customary international law as reflected in Article 56 of 
the 1982 United Nations Convention on the Law of the Sea, and with 
respect to other nations, exclusive economic zone means the waters 
seaward of and adjacent to the territorial sea, not extending beyond 200 
nautical miles from the territorial sea baseline, as recognized by the 
United States.



Sec. 2.32  High seas.

    (a) For purposes of special maritime and territorial jurisdiction of 
the United States as defined in 18 U.S.C. 7, high seas means all waters 
seaward of the territorial sea baseline.
    (b) For the purposes of section 2 of the Act of February 19, 1895, 
as amended (33 U.S.C. 151) and the Inland Navigational Rules Act of 1980 
(33 U.S.C. Chapter 34), high seas means the waters seaward of any lines 
established under these statutes, including the lines described in part 
80 of this chapter and 46 CFR part 7.
    (c) For the purposes of 14 U.S.C. 89(a), and 33 U.S.C. 1471 et. 
seq., high seas includes the exclusive economic zones of the United 
States and other nations, as well as those waters that are seaward of 
territorial seas of the United States and other nations.
    (d) Under customary international law as reflected in the 1982 
United Nations Convention on the Law of the Sea and without prejudice to 
high seas freedoms that may be exercised within exclusive economic zones 
pursuant to article 58 of the United Nations Convention on the Law of 
the Sea, and unless the context clearly requires otherwise (e.g., The 
International Convention Relating to Intervention on the High Seas in 
Cases of Oil Pollution Casualties, 1969, including annexes thereto), 
high seas means all waters that are not the exclusive economic zone (as 
defined in Sec. 2.30), territorial sea (as defined in Sec. 2.22), or 
internal waters of the United States or any other nation.



Sec. 2.34  Waters subject to tidal influence; waters subject to the ebb 
and flow of the tide; mean high water.

    (a) Waters subject to tidal influence and waters subject to the ebb 
and flow of the tide are waters below mean high water. These terms do 
not include waters above mean high water caused by flood flows, storms, 
high winds, seismic waves, or other non-lunar phenomena.
    (b) Mean high water is the average of the height of the diurnal high 
water at a particular location measured over a lunar cycle of 19 years.



Sec. 2.36  Navigable waters of the United States, navigable waters, and 
territorial waters.

    (a) Except as provided in paragraph (b) of this section, navigable 
waters of the United States, navigable waters, and territorial waters 
mean, except where Congress has designated them not to be navigable 
waters of the United States:
    (1) Territorial seas of the United States;
    (2) Internal waters of the United States that are subject to tidal 
influence; and
    (3) Internal waters of the United States not subject to tidal 
influence that:
    (i) Are or have been used, or are or have been susceptible for use, 
by themselves or in connection with other waters, as highways for 
substantial interstate or foreign commerce, notwithstanding natural or 
man-made obstructions that require portage, or

[[Page 32]]

    (ii) A governmental or non-governmental body, having expertise in 
waterway improvement, determines to be capable of improvement at a 
reasonable cost (a favorable balance between cost and need) to provide, 
by themselves or in connection with other waters, as highways for 
substantial interstate or foreign commerce.
    (b) Navigable waters of the United States and navigable waters, as 
used in sections 311 and 312 of the Federal Water Pollution Control Act, 
as amended, 33 U.S.C. 1321 and 1322, mean:
    (1) Navigable waters of the United States as defined in paragraph 
(a) of this section and all waters within the United States tributary 
thereto; and
    (2) Other waters over which the Federal Government may exercise 
Constitutional authority.



Sec. 2.38  Waters subject to the jurisdiction of the United States; 
waters over which the United States has jurisdiction.

    Waters subject to the jurisdiction of the United States and waters 
over which the United States has jurisdiction mean the following 
waters--
    (a) Navigable waters of the United States, as defined in Sec. 
2.36(a).
    (b) Waters, other than those under paragraph (a) of this section, 
that are located on lands for which the United States has acquired title 
or controls and--
    (1) Has accepted jurisdiction according to 40 U.S.C. 255; or
    (2) Has retained concurrent or exclusive jurisdiction from the date 
that the State in which the lands are located entered the Union.
    (c) Waters made subject to the jurisdiction of the United States by 
operation of the international agreements and statutes relating to the 
former Trust Territory of the Pacific Islands, and waters within the 
territories and possessions of the United States.



           Subpart C_Availability of Jurisdictional Decisions



Sec. 2.40  Maintenance of decisions.

    (a) From time to time, the Coast Guard makes navigability 
determinations of specific waterways, or portions thereof, in order to 
determine its jurisdiction on those waterways. Copies of these 
determinations are maintained by the District Commander in whose 
district the waterway is located.
    (b) If the district includes portions of the territorial sea, charts 
reflecting Coast Guard decisions as to the location of the territorial 
sea baseline for the purposes of Coast Guard jurisdiction are maintained 
by the District Commander in whose district the portion of the 
territorial sea is located.



Sec. 2.45  Decisions subject to change or modification and availability 
of lists and charts.

    The determinations referred to in Sec. 2.40 are subject to change 
or modification. The determinations are made for Coast Guard use at the 
request of Coast Guard officials. Determinations made or subsequently 
changed are available to the public under Sec. 1.10-5(b) of this 
chapter. Inquiries concerning whether a determination has been made for 
specific waters, for the purposes of Coast Guard jurisdiction, should be 
directed to the District Commander of the district in which the waters 
are located.



PART 3_COAST GUARD AREAS, DISTRICTS, MARINE INSPECTION ZONES, AND CAPTAIN 
OF THE PORT ZONES--Table of Contents




                     Subpart 3.01_General Provisions

Sec.
3.01-1 General description.
3.01-5 Assignment of functions.

                     Subpart 3.04_Coast Guard Areas

3.04-1 Atlantic Area.
3.04-3 Pacific Area.

                 Subpart 3.05_First Coast Guard District

3.05-1 First district.
3.05-10 Boston Marine Inspection Zone and Captain of the Port Zone.
3.05-15 Portland, Maine Marine Inspection Zone and Captain of the Port 
          Zone.
3.05-20 Providence Marine Inspection Zone and Captain of the Port Zone.
3.05-30 New York Marine Inspection Zone and Captain of the Port Zone.
3.05-35 Long Island Sound Marine Inspection and Captain of the Port 
          Zone.

                 Subpart 3.25_Fifth Coast Guard District

3.25-1 Fifth district.

[[Page 33]]

3.25-05 Philadelphia Marine Inspection Zone and Captain of the Port 
          Zone.
3.25-10 Hampton Roads Marine Inspection Zone and Captain of the Port 
          Zone.
3.25-15 Baltimore Marine Inspection Zone and Captain of the Port Zone.
3.25-20 Wilmington Marine Inspection Zone and Captain of the Port Zone.

                Subpart 3.35_Seventh Coast Guard District

3.35-1 Seventh district.
3.35-10 Miami Marine Inspection Zone and Captain of the Port Zone.
3.35-15 Charleston Marine Inspection Zone and Captain of the Port Zone.
3.35-20 Jacksonville Marine Inspection Zone and Captain of the Port 
          Zone.
3.35-25 San Juan Marine Inspection Zone and Captain of the Port Zone.
3.35-30 Savannah Marine Inspection Zone and Captain of the Port Zone.
3.35-35 Tampa Marine Inspection Zone and Captain of the Port Zone.

                Subpart 3.40_Eighth Coast Guard District

3.40-1 Eighth district.
3.40-10 Mobile Marine Inspection Zone and Captain of the Port Zone.
3.40-15 New Orleans Marine Inspection Zone and Captain of the Port Zone.
3.40-17 Morgan City Marine Inspection Zone and Captain of the Port Zone.
3.40-20 Port Arthur Marine Inspection Zone and Captain of the Port Zone.
3.40-28 Houston-Galveston Marine Inspection Zone and Captain of the Port 
          Zone.
3.40-35 Corpus Christi Marine Inspection Zone and Captain of the Port 
          Zone.
3.40-40 St. Louis Marine Inspection Zone and Captain of the Port Zone.
3.40-45 Paducah Marine Inspection Zone and Captain of the Port Zone.
3.40-50 Huntington Marine Inspection Zone and Captain of the Port Zone.
3.40-55 Louisville Marine Inspection Zone and Captain of the Port Zone.
3.40-60 Memphis Marine Inspection Zone and Captain of the Port Zone.
3.40-65 Pittsburgh Marine Inspection Zone and Captain of the Port Zone.

                 Subpart 3.45_Ninth Coast Guard District

3.45-1 Ninth district.
3.45-5 Cleveland Marine Inspection Zone and Captain of the Port Zone.
3.45-10 Buffalo Marine Inspection Zone and Captain of the Port Zone.
3.45-15 Chicago Marine Inspection Zone and Captain of the Port Zone.
3.45-20 Detroit Marine Inspection Zone and Captain of the Port Zone.
3.45-25 Duluth Marine Inspection Zone and Captain of the Port Zone.
3.45-30 Milwaukee Marine Inspection Zone and Captain of the Port Zone.
3.45-45 Sault Ste. Marie Marine Inspection Zone and Captain of the Port 
          Zone.
3.45-50 Toledo Marine Inspection Zone and Captain of the Port Zone.

               Subpart 3.55_Eleventh Coast Guard District

3.55-1 Eleventh district.
3.55-10 Los Angeles-Long Beach Marine Inspection Zone and Captain of the 
          Port Zone.
3.55-15 San Diego Marine Inspection Zone and Captain of the Port Zone.
3.55-20 San Francisco Bay Marine Inspection Zone and Captain of the Port 
          Zone.

              Subpart 3.65_Thirteenth Coast Guard District

3.65-1 Thirteenth district.
3.65-10 Puget Sound Marine Inspection Zone and Captain of the Port Zone.
3.65-15 Portland, Oregon, Marine Inspection Zone and Captain of the Port 
          Zone.

              Subpart 3.70_Fourteenth Coast Guard District

3.70-1 Fourteenth district.
3.70-10 Honolulu Marine Inspection Zone and Captain of the Port Zone.
3.70-15 Guam Marine Inspection Zone and Captain of the Port Zone.

              Subpart 3.85_Seventeenth Coast Guard District

3.85-1 Seventeenth district.
3.85-10 Southeast Alaska Marine Inspection Zone and Captain of the Port 
          Zone.
3.85-15 Western Alaska Marine Inspection Zone and Captain of the Port 
          Zone.
3.85-20 Prince William Sound Marine Inspection Zone and Captain of the 
          Port Zone.

    Authority: 14 U.S.C. 633; Pub. L. 107-296, 116 Stat. 2135; 
Department of Homeland Security Delegation No. 0170.



                     Subpart 3.01_General Provisions



Sec. 3.01-1  General description.

    (a) The structure of the Coast Guard's general organization for the 
performance of its assigned functions and duties consists of the 
Commandant, assisted by the Headquarters staff, two Area Offices to act 
as intermediate echelons of operational command, and District Offices to 
provide regional direction and coordination. The District Offices 
operate within defined geographical areas of the United

[[Page 34]]

States, its territories, and possessions, including portions of the high 
seas adjacent thereto. The description of the districts is established 
by the Commandant.
    (b) The two Coast Guard Areas are the Atlantic Area (see Sec. 3.04-
1) and the Pacific Area (see Sec. 3.04-3). The Coast Guard Area 
Commander is in command of a Coast Guard Area; the offices are referred 
to as a Coast Guard Area Office. The office of the Commander, Atlantic 
Area, is located in the Fifth Coast Guard District and the Commander, 
Atlantic Area, also serves as the Fifth District Commander. The office 
of the Commander, Pacific Area, is located in the Eleventh Coast Guard 
District and the Commander, Pacific Area, also serves as the Eleventh 
District Commander. Area Commanders have the responsibility of 
determining when operational matters require the coordination of forces 
and facilities of more than one district.
    (c) The Coast Guard District Commander is in command of a Coast 
Guard District and his office may be referred to as a Coast Guard 
District Office. (See Sec. 1.01-1 of this subchapter.)
    (d) An Officer in Charge, Marine Inspection, is in command of a 
Marine Inspection Zone and his office may be referred to as a Coast 
Guard Marine Inspection Office. (See Sec. 1.01-20 of this subchapter.)
    (e) The Captain of the Port is in command of a Captain of the Port 
Area and his office may be referred to as a Captain of the Port Office. 
(See Sec. 1.01-30 of this subchapter.)
    (f) Each Captain of the Port Area and each Marine Inspection Zone 
described in this part also includes the United States territorial seas 
adjacent to the described Area or Zone for the purpose of enforcing or 
acting pursuant to a statute effective in the United States territorial 
seas. Each Captain of the Port Area and each Marine Inspection Zone 
described in this part also includes the Contiguous Zone adjacent to the 
Area or Zone for the purpose of enforcing or acting pursuant to a 
statute effective in the Contiguous Zone. (See Sec. Sec. 2.05-5 and 
2.05-15.) Each Captain of the Port Zone and each Marine Inspection Zone 
described in this part also includes the Exclusive Economic Zone (EEZ) 
adjacent to the area for the purpose of enforcing or acting pursuant to 
a statute effective in the EEZ.
    (g) Geographic coordinates expressed in terms of latitude or 
longitude, or both, are not intended for plotting on maps or charts 
whose referenced horizontal datum is the North American Datum of 1983 
(NAD 83), unless such geographic coordinates are expressly labeled NAD 
83. Geographic coordinates without the NAD 83 reference may be plotted 
on maps or charts referenced to NAD 83 only after application of the 
appropriate corrections that are published on the particular map or 
chart being used.

[CGFR 70-150, 36 FR 909, Jan. 20, 1971, as amended by CGD 77-091, 42 FR 
48022, Sept. 22, 1977; CGD 87-008, 52 FR 13083, Apr. 21, 1987; CGD 87-
008b, 52 FR 25217, July 6, 1987; CGD 86-082, 52 FR 33810, Sept. 8, 1987; 
CGD 93-020, 58 FR 51726, Oct. 4, 1993; CGD 96-025, 61 FR 29959, June 13, 
1996; USCG-2003-14505, 68 FR 9534, Feb. 28, 2003]



Sec. 3.01-5  Assignment of functions.

    Section 888 of Pub. L. 107-296, 116 Stat. 2135, authorizes the 
Commandant of the Coast Guard to exercise certain functions, powers, and 
duties vested in the Secretary of Homeland Security by law. The general 
statements of policy in the rules describing Coast Guard organization 
are prescribed pursuant to 5 U.S.C. 552 (80 Stat. 383, as amended) and 
14 U.S.C. 633 (63 Stat. 545).

[CGFR 70-150, 36 FR 910, Jan. 20, 1971, as amended by USCG-2003-14505, 
68 FR 9534, Feb. 28, 2003]



                     Subpart 3.04_Coast Guard Areas



Sec. 3.04-1  Atlantic Area.

    (a) The Area Office is in Portsmouth, VA.
    (b) The Atlantic Area is comprised of the land areas and U.S. 
navigable waters of the First, Fifth, Seventh, Eighth and Ninth Coast 
Guard Districts and the ocean areas lying east of a line extending from 
the North Pole south along 95[deg] W. longitude to the North American 
land mass; thence along the east coast of the North, Central, and South 
American land mass to the intersection with 70[deg] W. longitude; thence 
due south to the South Pole.

[[Page 35]]

These waters extend east to the Eastern Hemisphere dividing line between 
the Atlantic and Pacific Areas which lies along a line extending from 
the North Pole south along 100[deg] E. longitude to the Asian land mass 
and along a line extending from the South Pole north along 17[deg] E. 
longitude to the African land mass.

[CGFR 70-150, 36 FR 910, Jan. 20, 1971, as amended by CGD 87-008, 52 FR 
13083, Apr. 21, 1987; CGD 96-025, 61 FR 29959, June 13, 1996]



Sec. 3.04-3  Pacific Area.

    (a) The Area Office is in Alameda, CA.
    (b) The Pacific Area is comprised of the land areas and the U.S. 
navigable waters of the Eleventh, Thirteenth, Fourteenth, and 
Seventeenth Coast Guard Districts and the ocean areas lying west of a 
line extending from the North Pole south along 95[deg] W. longitude to 
the North American land mass; thence along the west coast of the North, 
Central, and South American land mass to the intersection with 70[deg] 
W. longitude; thence due south to the South Pole. These waters extend 
west to the Eastern Hemisphere dividing line between the Atlantic and 
Pacific Areas which lies along a line extending from the North Pole 
south along 100[deg] E. longitude to the Asian land mass and along a 
line extending from the South Pole north along 17[deg] E. longitude to 
the African land mass.

[CGFR 70-150, 36 FR 910, Jan. 20, 1971, as amended by CGD 87-008, 52 FR 
13084, Apr. 21, 1987; CGD 96-025, 61 FR 29959, June 13, 1996]



                 Subpart 3.05_First Coast Guard District



Sec. 3.05-1  First district.

    (a) The District Office is in Boston, Massachusetts.
    (b) The First Coast Guard District is comprised of: Maine; New 
Hampshire; Vermont; Massachusetts; Rhode Island; Connecticut; New York 
except that part north of latitude 42[deg] N. and west of longitude 
74[deg]39[min] W; that part of New Jersey north of 40[deg]18[min] N. 
latitude, east of 74[deg]30.5[min] W. longitude, and northeast of a line 
from 40[deg]18[min] N. 74[deg]30.5[min] W. north-northwesterly to the 
New York, New Jersey & Pennsylvania boundaries at Tristate; all U.S. 
Naval reservations on shore at Newfoundland; the ocean area encompassed 
by the Search and Rescue boundary between Canada and the United States 
easterly to longitude 63[deg] W.; thence due south to latitude 41[deg] 
N.; thence southwesterly along a line bearing 219[deg]T to the point of 
intersection at 37[deg] N. latitude, 67[deg]13[min] W. longitude with a 
line bearing 122[deg]T from the New Jersey shoreline at 40[deg]18[min] 
N. latitude (just south of the Shrewsbury River); thence northwesterly 
along this line to the coast.

[CGFR 61-40, 26 FR 10344, Nov. 3, 1961, as amended by CGD 87-008, 52 FR 
13084, Apr. 21, 1987; CGD 96-016, 61 FR 21958, May 13, 1996]



Sec. 3.05-10  Boston Marine Inspection Zone and Captain of the Port Zone.

    (a) The Boston Marine Inspection Office and Captain of the Port 
Office are located in Boston, Massachusetts.
    (b) The boundary of the Boston Marine Inspection Zone and Captain of 
the Port Zone starts at the boundary of the Massachusetts and New 
Hampshire coasts at 42[deg]52.3[min] N. latitude, 70[deg]49.0[min] W. 
longitude and proceeds seaward on a line bearing 90[deg] T to the 
outermost extent of the EEZ; thence southeast along the outermost extent 
of the EEZ to 42[deg]08[min] N. latitude; thence west to 42[deg]08[min] 
N. latitude, 70[deg]15[min] W. longitude; thence southwest to the 
Massachusetts coast at Manomet Point at 41[deg]55[min] N. latitude, 
70[deg]33[min] W. longitude; thence northwest to 42[deg]04[min] N. 
latitude, 71[deg]06[min] W. longitude; thence to the Massachusetts and 
Rhode Island boundaries at 42[deg]01.5[min] N. latitude, 
71[deg]28.0[min] W. longitude; thence west along the southern boundary 
of Massachusetts, except the waters of Congamond Lakes; thence north 
along the Massachusetts-New York boundary to the intersection of the 
Massachusetts-New York-Vermont boundaries; thence east along the 
Massachusetts-Vermont boundary and the Massachusetts-New Hampshire 
boundary to the point of origin.

[CGD 74-169, 39 FR 32558, Sept. 9, 1974, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD 84-037, 49 FR 26583, June 28, 1984; CGD 93-
020, 58 FR 51727, Oct. 4, 1993]

[[Page 36]]



Sec. 3.05-15  Portland, Maine Marine Inspection Zone and Captain of the 
Port Zone.

    (a) The Portland, Maine Marine Inspection Office and Captain of the 
Port Office are located in Portland, Maine.
    (b) The boundary of the Portland, Maine, Marine Inspection Zone and 
Captain of the Port Zone starts at the boundary of the Massachusetts and 
New Hampshire coasts at 42[deg]52.3[min] N. latitude, 70[deg]49.0[min] 
W. longitude and proceeds seaward on a line bearing 90[deg] T to the 
outermost extent of the EEZ; thence northerly and westerly along the 
outermost extent of the EEZ and the Canadian border to the western 
boundary of Essex County in Vermont; thence south along the westernmost 
Vermont county boundaries of Essex, Caledonia, Lamoille, Washington, 
Orange, Windsor, and Bennington to the intersection of the Vermont-New 
York-Massachusetts boundaries; thence east along the Vermont-
Massachusetts and New Hampshire-Massachusetts boundaries to the point of 
origin.

[CGD 74-169, 39 FR 32558, Sept. 9, 1974, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD 93-020, 58 FR 51727, Oct. 4, 1993]



Sec. 3.05-20  Providence Marine Inspection Zone and Captain of the Port 
Zone.

    (a) The Providence Marine Inspection Office and Captain of the Port 
Office are located in Providence, Rhode Island.
    (b) The boundary of the Providence Marine Inspection Zone and 
Captain of the Port Zone starts on the Massachusetts coast at Manomet 
Point at 41[deg]55[min] N. latitude, 70[deg]33[min] W. longitude and 
proceeds northeast to 42[deg]08[min] N. latitude 70[deg]15[min] W. 
longitude; thence east along 42[deg]08[min] N. latitude to the outermost 
extent of the EEZ; thence southerly along the outermost extent of the 
EEZ to a line bearing 132[deg] T from Watch Hill Light, Rhode Island; 
thence northwest along a line bearing 132[deg] T from Watch Hill Light, 
Rhode Island, to Watch Hill Light; thence northeast to 41[deg]21[min] N. 
latitude, 71[deg]48.5[min] W. longitude at Westerly, Rhode Island; 
thence north to 41[deg]25[min] N. latitude, 71[deg]48[min] W. longitude; 
thence north along the Connecticut-Rhode Island boundary, including the 
waters of Beach Pond, to the Massachusetts boundary; thence east along 
the Massachusetts-Rhode Island boundary to 42[deg]01.5[min] N. latitude, 
71[deg]28.0[min] W. longitude; thence east to 42[deg]04[min] N. 
latitude, 71[deg]06[min] W. longitude; thence southeasterly to the point 
of origin.

[CGD 74-169, 39 FR 32558, Sept. 9, 1974, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD 84-037, 49 FR 26583, June 28, 1984; CGD1 87-
101, 53 FR 24935, July 1, 1988; CGD 93-020, 58 FR 51727, Oct. 4, 1993]



Sec. 3.05-30  New York Marine Inspection Zone and Captain of the Port 
Zone.

    (a) The New York Marine Inspection Office and Captain of the Port 
Office is located in New York, New York.
    (b) The boundary of the New York Marine Inspection Zone and Captain 
of the Port Zone starts on the south shore of Long Island at 
40[deg]35.4[min] N. latitude, 73[deg]46.6[min] W. longitude and proceeds 
southeasterly along a line bearing 127.5[deg]T to 38[deg]28[min] N. 
latitude, 70[deg]11[min] W. longitude; thence northwesterly along a line 
bearing 122[deg]T from the New Jersey coast at 40[deg]18[min] N. 
latitude; thence west along 40[deg]18[min] N. latitude to 
74[deg]30.5[min] W. longitude; thence northwesterly to the intersection 
of the New York-New Jersey-Pennsylvania boundaries at Tristate; thence 
northwesterly along the east bank of the Delaware River to 
42[deg]00[min] N. latitude; thence east to 74[deg]39[min] W. longitude; 
thence north to the Canadian border; thence easterly along the Canadian 
Border to the northeast corner of the Orleans County line in Vermont; 
thence following the eastern and southern boundaries of Orleans, 
Franklin, Chittenden, Addison, and Ruthland Counties to the Vermont-New 
York boundary; thence southerly along the New York boundary to 
41[deg]01.5[min] N. latitude, 73[deg]40[min] W. longitude; thence 
southerly to the southern shore of Manursing Island at 40[deg]58[min] N. 
latitude, 73[deg]40[min] W. longitude; thence southeasterly to 
40[deg]52.5[min] N. latitude, 73[deg]37.2[min] W. longitude; thence 
southerly to 40[deg]40[min] N. latitude, 73[deg]40[min] W. longitude; 
thence southwesterly to the point of origin.

[CGD 96-016, 61 FR 21958, May 13, 1996]



Sec. 3.05-35  Long Island Sound Marine Inspection and Captain of the 
Port Zone.

    (a) The Long Island Sound Marine Inspection Office and Captain of 
the Port

[[Page 37]]

Office is located in New Haven, Connecticut.
    (b) The boundary of the Long Island Sound Marine Inspection Zone and 
Captain of the Port Zone starts at 40[deg]35.4[min] N. latitude, 
73[deg]46.6[min] W. longitude; thence proceeds along a line 
northeasterly to 40[deg]40[min] N. latitude, 73[deg]40[min] W. 
longitude; thence to 40[deg]52.5[min] N. latitude, 73[deg]37.2[min] W. 
longitude; thence northwest to the south shore of Manursing Island at 
40[deg]58[min] N. latitude, 73[deg]40[min] W. longitude; thence 
northerly to the Connecticut-New York boundary at 41[deg]01.5[min] N. 
latitude, 73[deg]40[min] w. longitude; thence north along the western 
boundary of Connecticut to the Massachusetts-Connecticut boundary; 
thence east along the southern boundary of Massachusetts, including the 
waters of the Congamond Lakes, to the Rhode Island boundary; thence 
south along the Connecticut-Rhode Island boundary, excluding the waters 
of Beach Pond, to 41[deg]24[min] N. latitude, 71[deg]48[min] W. 
longitude; thence southerly to 41[deg]21[min] N. latitude, 
71[deg]48.5[min] W. longitude at Westerly, Rhode Island; thence 
southwesterly to Watch Hill Light, Rhode Island. The northern offshore 
boundary is a line bearing 132[deg]T from Watch Hill Light to the 
outermost extent of the EEZ. The southern offshore boundary extends 
along a line bearing 127.5[deg]T from the south shore of Long Island at 
40[deg]35.4[min] N. latitude, 73[deg]46.6[min] W. longitude to 
38[deg]28[min] N. latitude, 70[deg]11[min] W. longitude; thence easterly 
to the outermost extent of the EEZ; thence northerly along the outermost 
extent of the EEZ to the intersection of the northern boundary.

[CGD 96-016, 61 FR 21958, May 13, 1996, as amended by USCG-2000-7223, 65 
FR 40054, June 29, 2000]



                 Subpart 3.25_Fifth Coast Guard District



Sec. 3.25-1  Fifth district.

    (a) The District Office is in Portsmouth, Va.
    (b) The Fifth Coast Guard District is comprised of: North Carolina; 
Virginia; District of Columbia; Maryland; Delaware; that part of 
Pennsylvania east of a line drawn along 78[deg]55[min] W. longitude 
south to 41[deg]00[min] N. latitude, thence west to 79[deg]00[min] W. 
longitude, and thence south to the Pennsylvania-Maryland boundary; that 
portion of New Jersey that lies south and west of a line drawn from the 
New Jersey shoreline at 40[deg]18[min] N. latitude (just south of the 
Shrewsbury River), thence westward to 40[deg]18[min] N. latitude, 
74[deg]30.5[min] W. longitude, thence north-northwesterly to the 
junction of the New York, New Jersey, and Pennsylvania boundaries at 
Tristate; and the ocean area encompassed by a line bearing 122[deg]T 
from the coastal end of the First and Fifth Districts' land boundary at 
the intersection of the New Jersey shoreline and 40[deg]18[min] N. 
latitude (just south of the Shrewsbury River) to the southernmost point 
in the First Coast Guard District (a point located at approximately 
37[deg] N. latitude, 67[deg]13[min] W. longitude); thence along a line 
bearing 219[deg]T to the point of intersection with the ocean boundary 
between the Fifth and Seventh Coast Guard Districts, which is defined as 
a line bearing 122[deg]T from the coastal end of the Fifth and Seventh 
Districts' land boundary at the shoreline at the North Carolina-South 
Carolina border, point located at approximately 30[deg]55[min] N. 
73[deg] W.; thence northwesterly along this line to the coast.

[CGFR 61-40, 26 FR 10347, Nov. 3, 1961, as amended by CGD 87-008, 52 FR 
13084, Apr. 21, 1987; 52 FR 16480, May 5, 1987; CGD 87-008b, 52 FR 
25217, July 6, 1987; CGD 96-016, 61 FR 21959, May 13, 1996]



Sec. 3.25-05  Philadelphia Marine Inspection Zone and Captain of the 
Port Zone.

    (a) The Philadelphia Marine Inspection Office and the Philadelphia, 
Captain of the Port Office are located in Philadelphia, Pennsylvania.
    (b) The boundary of the Philadelphia Marine Inspection zone and 
Captain of the Port Zone starts at the New Jersey coast at 
40[deg]18[min] N. latitude, thence proceeds westward to 40[deg]18[min] 
N. latitude, 74[deg]30.5[min] W. longitude, thence north-northwesterly 
to the junction of the New York, New Jersey, and Pennsylvania boundaries 
at Tristate; thence northwesterly along the east bank of the Delaware 
River to 42[deg]00[min] N. latitude; thence west along the New York-

[[Page 38]]

Pennsylvania boundary to 78[deg]55[min] W. longitude; thence south to 
41[deg]00[min] N. latitude; thence west to 79[deg]00[min] W. longitude; 
thence south to the Pennsylvania-Maryland boundary; thence east to the 
intersection of the Maryland-Delaware boundary; thence south and east 
along the Maryland-Delaware boundary to the sea, including Fenwick 
Island Light. The offshore boundary starts at Fenwick Island Light and 
proceeds east along 38[deg]28[min] N. latitude to 70[deg]11[min] W. 
longitude; thence northwesterly along a line bearing 122[deg]T from the 
New Jersey Coast at 40[deg]18[min] N. latitude.

[CGD 75-093, 40 FR 45168, Oct. 1, 1975, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD 82-080, 47 FR 47811, Oct. 28, 1982. 
Redesignated by CGD 87-008, 52 FR 13084, Apr. 21, 1987. Further amended 
by CGD 88-052, 53 FR 25119, July 1, 1988; CGD 93-020, 58 FR 51728, Oct. 
4, 1993; CGD 96-016, 61 FR 21959, May 13, 1996]



Sec. 3.25-10  Hampton Roads Marine Inspection Zone and Captain of the 
Port Zone.

    (a) The Hampton Roads Marine Inspection Office and the Hampton Roads 
Captain of the Port Office are located in Norfolk, Virginia.
    (b) The boundary of the Hampton Roads Marine Inspection Zone and 
Captain of the Port Zone starts at the intersection of the Maryland-
Delaware boundary and the coast and proceeds along the Maryland-Delaware 
boundary to a point 75[deg]30.0[min] W. longitude; thence southerly to a 
point 75[deg]30.0[min] W. longitude on the Maryland-Virginia boundary, 
thence westerly along the Maryland-Virginia boundary as it proceeds 
across the Delmarva Peninsula, Pocomoke River, Tangier and Pocomoke 
Sounds, and Chesapeake Bay; thence northwesterly along the Maryland-
Virginia boundary and the District of Columbia-Virginia boundary as 
those boundaries are formed along the southern bank of the Potomac River 
to the intersection of the Virginia-Maryland-West Virginia boundaries; 
thence southerly along the Virginia-West Virginia boundary and the 
Virginia-Kentucky boundary to the Tennessee boundary; thence eastward 
along the Virginia-Tennessee boundary to the Virginia-North Carolina 
boundary; thence eastward to the sea. The offshore boundary starts at 
the intersection of the Maryland-Delaware boundary and the coast and 
proceeds east to a point 38[deg]28.0[min] N. latitude, 70[deg]11.0[min] 
W. longitude; thence southeasterly on a line bearing 122[deg]T to the 
outermost extent of the EEZ; thence southerly along the outermost extent 
of the EEZ to 36[deg]33.0[min] N. latitude, and thence westerly along 
36[deg]33.0[min] N latitude to the coast at 75[deg]52.0[min] W. 
longitude.

[CGD 73-31R, 39 FR 8613, Mar. 6, 1974, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD 93-020, 58 FR 51728, Oct. 4, 1993; 58 FR 
67909, Dec. 22, 1993; CGD 96-016, 61 FR 21959, May 13, 1996; USCG-2002-
12471, 67 FR 41331, June 18, 2002]



Sec. 3.25-15  Baltimore Marine Inspection Zone and Captain of the Port 
Zone.

    (a) The Baltimore Marine Inspection Office and the Baltimore Captain 
of the Port Office are located in Baltimore, Maryland.
    (b) The boundary of the Baltimore Marine Inspection Zone and Captain 
of the Port Zone starts at a point of 75[deg]30[min] W. longitude on the 
Delaware-Maryland boundary and proceeds along the Delaware-Maryland 
boundary west and north to the Pennsylvania boundary; thence west along 
the Pennsylvania-Maryland boundary to the West Virginia boundary; thence 
southerly and easterly along the Maryland-West Virginia boundary to the 
Virginia boundary; thence southeasterly along the Maryland-Virginia 
boundary and the District of Columbia-Virginia boundary as those 
boundaries are formed along the southern bank of the Potomac River; 
thence easterly along the Maryland-Virginia boundary as it proceeds 
across the Chesapeake Bay, Tangier and Pocomoke Sounds, Pocomoke River, 
and Delmarva Peninsula to a point 75[deg]30[min] W. longitude on the 
Maryland-Virginia boundary; thence northerly to a point 75[deg]30[min] 
W. longitude on the Delaware-Maryland boundary.

[CGD 73-31R, 39 FR 8614, Mar. 6, 1974, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD 93-020, 58 FR 51728, Oct. 4, 1993; CGD 95-081, 
60 FR 67062, Dec. 28, 1995]

[[Page 39]]



Sec. 3.25-20  Wilmington Marine Inspection Zone and Captain of the Port 
Zone.

    (a) The Wilmington Marine Inspection Office and the Wilmington 
Captain of the Port Office are located in Wilmington, North Carolina.
    (b) The boundary of the Wilmington Marine Inspection Zone and 
Captain of the Port Zone starts at the sea at 36[deg]33.0[min] N. 
latitude, 75[deg]52.0[min] W. longitude, and proceeds westerly along the 
North Carolina-Virginia boundary to the Tennessee boundary; thence 
southwesterly along the North Carolina-Tennessee boundary to the Georgia 
boundary; thence easterly along the North Carolina-Georgia boundary to 
the South Carolina boundary; thence easterly along the South Carolina-
North Carolina boundary to the sea. The offshore boundary of the 
Wilmington Captain of the Port Zone starts at the coast at 
36[deg]33.0[min] N. latitude; thence proceeds easterly to the outermost 
extent of the EEZ; thence southerly along the outermost extent of the 
EEZ to a line bearing 122[deg]T from the intersection of the South 
Carolina-North Carolina boundary and the sea to the outermost extent of 
the EEZ; thence westerly along a line bearing 122[deg]T to the coast.

[CGD 73-31R, 39 FR 8614, Mar. 6, 1974; CGD 73-31R, 39 FR 12007, Apr. 2, 
1974, as amended by CGD 77-241, 44 FR 10983, Feb. 26, 1979; CGD 93-020, 
59 FR 948, Jan. 7, 1994; USCG-2002-12471, 67 FR 41331, June 18, 2002]



                Subpart 3.35_Seventh Coast Guard District



Sec. 3.35-1  Seventh district.

    (a) The District Office is in Miami, Fla.
    (b) The Seventh Coast Guard District is comprised of the states of 
South Carolina, Georgia and Florida, except for that part of Georgia and 
Florida west of a line from the intersection of the Florida coast with 
Longitude 83[deg]50[min] W. (30[deg]00[min] N., 83[deg]50[min] W.) due 
north to a position 30[deg]15[min] N., 83[deg]50[min]W.; thence due west 
to a position 30[deg]15[min] N., 84[deg]45[min] W.; thence due north to 
the intersection with the south shore of the Jim Woodruff Reservoir; 
thence along the east bank of the Jim Woodruff Reservoir and the east 
bank of the Flint River up stream to Montezuma, GA, thence northwesterly 
to West Point, GA. Also included is the Panama Canal Zone, all the 
island possessions of the United States pertaining to Puerto Rico and 
the U.S. Virgin Islands; and the U.S. Naval reservations in the islands 
of the West Indies and on the north coast of South America. The ocean 
areas are those portions of the western North Atlantic, Caribbean Sea, 
Gulf of Mexico and the Straits of Florida areas encompassed by a line 
originating at the state boundary between North Carolina and South 
Carolina, and extending southeasterly through 30[deg]57[min] N., 
73[deg]06[min] W. and 29[deg]00[min] N., 69[deg]19[min] W. to 
12[deg]00[min] N., 43[deg]00[min] W.; thence southwesterly to 
10[deg]00[min] N., 48[deg]00[min] W.; thence westerly to 09[deg]20[min] 
N., 57[deg]00[min] W.; thence due west to the coastline of South 
America; thence westerly and northerly along the north coast of South 
America, and the eastern coasts of Central America and Mexico to the 
Yucatan Peninsula at 21[deg]25[min] N., 87[deg]11[min] W.; thence along 
a line 019[deg] T to the intersection of longitude 83[deg]50[min] W. and 
the western coastline of Florida (30[deg]00[min] N., 83[deg]50[min] W.).

[CGFR 61-40, 26 FR 10348, Nov. 3, 1961, as amended by CGFR 70-150, 36 FR 
911, Jan. 20, 1971; USCG-1999-5832, 64 FR 34711, June 29, 1999]



Sec. 3.35-10  Miami Marine Inspection Zone and Captain of the Port Zone.

    (a) The Miami Marine Inspection Office and the Miami Captain of the 
Port Office are located in Miami, Florida.
    (b) The boundary of the Miami Marine Inspection Zone and Captain of 
the Port Zone starts at the eastern Florida coast at 28[deg]00[min] N. 
latitude; thence proceeds west to 28[deg]00[min] N. latitude, 
81[deg]30[min] W. longitude; thence south to 26[deg]00[min] N. latitude, 
81[deg]30[min] W. longitude; thence southwesterly to the southern tip of 
Cape Romano, Florida. The offshore area of the Miami Captain of the Port 
Zone includes that portion of the western North Atlantic Ocean area 
bounded on the north by 28[deg]00[min] N. latitude from the coast to the 
outermost extent of the EEZ and bounded on the east and south by the 
outermost extent of the EEZ; and that portion of the eastern Gulf of 
Mexico and the Florida Bay bounded on the north by a line bearing 
227[deg] T from the southern tip of Cape Romano to the outermost extent 
of the

[[Page 40]]

EEZ and bounded on the west and south by the outermost extent of the 
EEZ.

[CGD 76-212, 43 FR 1056, Jan. 5, 1978, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD 93-020, 58 FR 51729, Oct. 4, 1993]



Sec. 3.35-15  Charleston Marine Inspection Zone and Captain of the Port 
Zone.

    (a) The Charleston Marine Inspection Office and the Charleston 
Captain of the Port Office are located in Charleston, South Carolina.
    (b) The boundary of the Charleston Marine Inspection Zone and 
Captain of the Port Zone starts at the sea at the intersection of the 
North Carolina-South Carolina boundary; thence proceeds westerly along 
the North Carolina-South Carolina boundary to the intersection of the 
North Carolina-South Carolina-Georgia boundaries; thence southerly along 
the South Carolina-Georgia boundary to the intersection with the Federal 
dam at the southern end of Hartwell Reservoir; thence southerly along 
the eastern bank of the Savannah River to 32[deg]30[min] N. latitude; 
thence easterly to the eastern bank of the Edisto River at 
32[deg]41[min] N. latitude; thence southerly along the eastern bank of 
the Edisto River to the southern tip of Bay Point, Edisto Island, South 
Carolina. The offshore boundary starts at a line bearing 122[deg] T from 
the intersection of the South Carolina-North Carolina boundary and the 
sea to the outermost extent of the EEZ; thence southerly along the 
outermost extent of the EEZ to 30[deg]50[min] N. latitude; thence east 
along 30[deg]50[min] N. latitude to a line bearing 122[deg] T from the 
southern tip of Bay Point, Edisto Island, South Carolina; thence 
easterly along a line bearing 122[deg] T to the coast.

[CGD 76-212, 43 FR 1056, Jan. 5, 1978, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD 93-020, 58 FR 51729, Oct. 4, 1993]



Sec. 3.35-20  Jacksonville Marine Inspection Zone and Captain of the 
Port Zone.

    (a) The Jacksonville Marine Inspection Office and the Jacksonville 
Captain of the Port Office are located in Jacksonville, Florida.
    (b) The boundary of the Jacksonville Marine Inspection Zone and 
Captain of the Port Zone starts at the Georgia coast at 30[deg]50[min] 
N. latitude; thence proceeds west to 30[deg]50[min] N. latitude, 
82[deg]15[min] W. longitude; thence south to the intersection of the 
Florida-Georgia boundary at 82[deg]15[min] W. longitude; thence westerly 
along the Florida-Georgia boundary to 83[deg]00[min] W. longitude; 
thence southeasterly to 28[deg]00[min] N. latitude, 81[deg]30[min] W. 
longitude; thence east to the sea at 28[deg]00[min] N. latitude. The 
offshore boundary starts at the coast at 30[deg]50[min] N. latitude; 
thence proceeds easterly to the outermost extent of the EEZ; thence 
southerly along the outermost extent of the EEZ to 28[deg]00[min] N. 
latitude; thence westerly along 28[deg]00[min] N. latitude to the coast.

[CGD 76-212, 43 FR 1056, Jan. 5, 1978; 43 FR 18553, May 1, 1978, as 
amended by CGD 77-241, 44 FR 10983, Feb. 26, 1979; CGD 93-020, 58 FR 
51729, Oct. 4, 1993]



Sec. 3.35-25  San Juan Marine Inspection Zone and Captain of the Port 
Zone.

    (a) The San Juan Marine Inspection Office and the San Juan Captain 
of the Port Office are located in San Juan, Puerto Rico.
    (b) The San Juan Marine Inspection Zone and Captain of the Port Zone 
are comprised of both the Commonwealth of Puerto Rico and the Territory 
of the Virgin Islands and the adjacent waters to the outermost extent of 
the EEZ.

[CGD 76-212, 43 FR 1056, Jan. 5, 1978, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD 93-020, 58 FR 51729, Oct. 4, 1993]



Sec. 3.35-30  Savannah Marine Inspection Zone and Captain of the Port 
Zone.

    (a) The Savannah Marine Inspection Office and the Savannah Captain 
of the Port Office are located in Savannah, Georgia.
    (b) The boundary of the Savannah Marine Inspection Zone and Captain 
of the Port Zone starts at the southern tip of Bay Point, Edisto Island, 
South Carolina; thence proceeds northerly along the eastern bank of the 
Edisto River to 32[deg]41[min] N. latitude; thence westerly to the 
eastern bank of the Savannah River at 32[deg]30[min] N. latitude; thence 
northerly along the eastern bank of the Savannah River to the 
intersection of the South Carolina-Georgia boundary with the Federal dam 
at the southern end of Hartwell Reservoir; thence northerly along the 
South Carolina-

[[Page 41]]

Georgia boundary to the intersection of the North Carolina-South 
Carolina-Georgia boundaries; thence westerly along the Georgia-North 
Carolina boundary and continuing westerly along the Georgia-Tennessee 
boundary to the intersection of the Georgia-Tennessee-Alabama 
boundaries; thence southerly along the Georgia-Alabama boundary to 
32[deg]53[min] N. latitude; thence southeasterly to the eastern bank of 
the Flint River at 32[deg]20[min] N. latitude; thence southerly along 
the eastern bank of the Flint River and continuing southerly along the 
southeastern shore of Jim Woodruff Reservoir to 84[deg]45[min] W. 
longitude; thence southerly to the intersection of the Florida-Georgia 
boundary; thence easterly along the Florida-Georgia boundary to 
82[deg]15[min] W. longitude; thence north to 30[deg]50[min] N. latitude, 
82[deg]15[min] W. longitude; thence east to the sea at 30[deg]50[min] N. 
latitude. The offshore boundary starts at a line bearing 122[deg] T from 
the southern tip of Bay Point, Edisto Island, South Carolina to the 
intersection with 30[deg]50[min] N. latitude; thence proceeds westerly 
along 30[deg]50[min] N. latitude to the coast.

[CGD 76-212, 43 FR 1056, Jan. 5, 1978, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD 93-020, 58 FR 51729, Oct. 4, 1993]



Sec. 3.35-35  Tampa Marine Inspection Zone and Captain of the Port Zone.

    (a) The Tampa Marine Inspection Office and the Tampa Captain of the 
Port Office are located in Tampa, Florida.
    (b) The boundary of the Tampa Marine Inspection Zone and Captain of 
the Port Zone starts at the Florida coast at 83[deg]50[min] W. 
longitude; thence proceeds north to 30[deg]15[min] N. latitude, 
83[deg]50[min] W. longitude; thence west to 30[deg]15[min] N. latitude, 
84[deg]45[min] W. longitude; thence north to the Florida-Georgia 
boundary at 84[deg]45[min] W. longitude; thence easterly along the 
Florida-Georgia boundary to 83[deg]00[min] W. longitude; thence 
southeasterly to 28[deg]00[min] N. latitude, 81[deg]30[min] W. 
longitude; thence south to 26[deg]00[min] N. latitude, 81[deg]30[min] W. 
longitude; thence southwesterly to the southern tip of Cape Romano, 
Florida; thence southwesterly along a line bearing 227[deg] T to the 
outermost extent of the EEZ; thence westerly along the outermost extent 
of the EEZ to the intersection with a line bearing 199[deg] T from the 
intersection of the Florida coast at 83[deg]50[min] W. longitude; thence 
easterly along a line bearing 199[deg] T to the coast.

[CGD 76-212, 43 FR 1056, Jan. 5, 1978, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD 93-020, 58 FR 51729, Oct. 4, 1993]



                Subpart 3.40_Eighth Coast Guard District



Sec. 3.40-1  Eighth district.

    (a) The District Office is in New Orleans, La.
    (b) The Eighth Coast Guard District is comprised of North Dakota, 
South Dakota, Wyoming, Nebraska, Iowa, Colorado, Kansas, Missouri, 
Kentucky, West Virginia, Tennessee, Arkansas, Oklahoma, New Mexico, 
Texas, Louisiana, Mississippi, and Alabama; that part of Pennsylvania 
south of 41[deg] N. latitude and west of 79[deg] W. longitude; those 
parts of Ohio and Indiana south of 41[deg] N. latitude; Illinois, except 
that part north of 41[deg] N. latitude and east of 90[deg] W. longitude; 
that part of Wisconsin south of 46[deg]20[min] N. latitude and west of 
90[deg] W. longitude; that part of Minnesota south of 46[deg]20[min] N. 
latitude; those parts of Florida and Georgia west of a line starting at 
the Florida coast at 83[deg]50[min] W. longitude; thence northerly to 
30[deg]15[min] N. latitude, 83[deg]50[min] W. longitude; thence due west 
to 30[deg]15[min] N. latitude, 84[deg]45[min] W. longitude; thence due 
north to the southern bank of the Jim Woodruff Reservoir at 
84[deg]45[min] W. longitude; thence northeasterly along the eastern bank 
of the Jim Woodruff Reservoir and northerly along the eastern bank of 
the Flint River to Montezuma, GA.; thence northwesterly to West Point, 
GA.; and the Gulf of Mexico area west of a line bearing 199 T. from the 
intersection of the Florida coast at 83[deg]50[min] W. longitude (the 
coastal end of the Seventh and Eighth Coast Guard District land 
boundary.) [DATUM NAD83]

[CGFR 67-15, 32 FR 5270, Mar. 29, 1967, as amended by CGD 77-167, 43 FR 
2372, Jan. 16, 1978; CGD 96-025, 61 FR 29959, June 13, 1996]



Sec. 3.40-10  Mobile Marine Inspection Zone and Captain of the Port Zone.

    (a) The Mobile Marine Inspection Office and the Mobile Captain of 
the Port Office are located in Mobile, Alabama.

[[Page 42]]

    (b) The boundary of the Mobile Marine Inspection Zone and Captain of 
the Port Zone starts at the Florida coast at 83[deg]50[min] W. 
longitude; thence proceeds north to 30[deg]15[min] N. latitude, 
83[deg]50[min] W. longitude; thence west to 30[deg]15[min] N. latitude, 
84[deg]45[min] W. longitude; thence north to the southern shore of the 
Jim Woodruff Reservoir at 84[deg]45[min] W. longitude; thence 
northeasterly along the eastern shore of Jim Woodruff Reservoir and 
northerly along the eastern bank of the Flint River to 32[deg]20[min] N. 
latitude, 84[deg]02[min] W. longitude; thence northwesterly to the 
intersection of the Georgia-Alabama boundary at 32[deg]53[min] N. 
latitude; thence northerly along the Georgia-Alabama boundary to 
34[deg]00[min] N. latitude; thence west to the Alabama-Mississippi 
boundary at 34[deg]00[min] N. latitude; thence northerly along the 
Alabama-Mississippi boundary to the southern boundary of Tishomingo 
County, Mississippi; thence westerly and southerly along the southern 
boundaries of Tishomingo and Prentiss Counties, Mississippi, including 
that area of the Tennessee-Tombigby Waterway south of the Bay Springs 
Lock and Dam; thence southerly and westerly along the eastern and 
southern boundaries of Lee, Chickasaw, and Calhoun Counties, 
Mississippi; thence southerly along the western boundaries of Webster, 
Choctaw, Winston, Neshoba, Newton, Jasper, Jones, Forrest and Stone 
Counties, Mississippi; thence easterly along the northern boundary of 
Harrison County, Mississippi, to 89[deg]10[min] W. longitude; thence 
south to the Mississippi coast; thence southeasterly to 29[deg]10[min] 
N. latitude, 88[deg]00[min] W. longitude; thence south to the outermost 
extent of the EEZ; thence easterly along the outermost extent of the EEZ 
to the intersection with a line bearing 199[deg] T from the intersection 
of the Florida coast at 83[deg]50[min] W. longitude; thence 
northeasterly along a line bearing 199[deg] T from the Florida coast at 
83[deg]50[min] W. longitude to the coast.

[CGD 74-40, 39 FR 32131, Sept. 5, 1974, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD 87-062, 52 FR 35913, Sept. 24, 1987; CGD 93-
020, 58 FR 51729, Oct. 4, 1993]



Sec. 3.40-15  New Orleans Marine Inspection Zone and Captain of the Port 
Zone.

    (a) The New Orleans Marine Inspection Office and the New Orleans 
Captain of the Port Office are located in New Orleans, Louisiana.
    (b) The boundary of the New Orleans Marine Inspection Zone and 
Captain of the Port Zone starts at 28[deg]50[min] N. latitude, 
88[deg]00[min] W. longitude; thence proceeds north to 29[deg]10[min] N. 
latitude, 88[deg]00[min] W. longitude; thence northwesterly to the 
Mississippi coast at 89[deg]10[min] W. longitude; thence north to the 
northern Harrison County Boundary; thence westerly along the northern 
Harrison County boundary; thence northerly along the western boundaries 
of Stone, Forrest, Jones, Jasper, Newton, Neshoba, Winston, Choctaw, and 
Webster Counties to the northern boundary of Montgomery County; thence 
southwesterly along the northern and western boundaries of Montgomery, 
Carroll, Holmes, Humphreys, Sharkey, and Issaquena Counties to the 
Louisiana-Arkansas boundary; thence west along the Louisiana-Arkansas 
boundary to the Texas-Louisiana boundary; thence south along the Texas-
Louisiana boundary to the northern DeSoto Parish boundary; thence 
easterly along the northern and eastern boundaries of DeSoto, Sabine, 
Vernon, and Allen Parishes; thence east along the northern boundaries of 
Acadia, Lafayette, St. Martin, Iberia, Assumption, and Lafourche 
Parishes to 29[deg]18[min] N. latitude, 90[deg]00[min] W. longitude; 
thence southeast to 28[deg]50[min] N. latitude, 89[deg]27[min]06[sec] W. 
longitude; thence east to 88[deg]00[min] W. longitude.

[CGD 74-40, 39 FR 32131, Sept. 5, 1974, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD8 88-02, 53 FR 5572, Feb. 25, 1988; CGD 93-020, 
58 FR 51730, Oct. 4, 1993; USCG-2003-15404, 68 FR 37740, June 25, 2003]



Sec. 3.40-17  Morgan City Marine Inspection Zone and Captain of the Port 
Zone.

    (a) The Morgan City Marine Inspection Office and Captain of the Port 
Office are in Morgan City, Louisiana.
    (b) The boundary of the Morgan City Marine Inspection Zone and the 
Captain of the Port Zone starts at 28[deg]50[min] N. latitude, 
88[deg]00[min] W. longitude; thence

[[Page 43]]

proceeds west to 28[deg]50[min] N. latitude, 89[deg]27[min]06[sec] W. 
longitude; thence northwesterly to 29[deg]18[min] N. latitude, 
90[deg]00[min] W. longitude; thence northwesterly along the northern 
boundaries of Lafourche, Assumption, Iberia, and St. Martin Parishes; 
thence northwesterly along the northern boundary of Lafayette and Acadia 
Parishes to 92[deg]23[min] W. longitude; thence south along 
92[deg]23[min] W. longitude to the outermost extent of the EEZ; thence 
easterly along the outermost extent of the EEZ to 88[deg]00[min] W. 
longitude; thence north to 28[deg]50[min] N. latitude, 88[deg]00[min] W. 
longitude.

[CGD 87-062, 52 FR 35913, Sept. 24, 1987, as amended by CGD8 88-02, 53 
FR 5572, Feb. 25, 1988; CGD 93-020, 58 FR 51730, Oct. 4, 1993]



Sec. 3.40-20  Port Arthur Marine Inspection Zone and Captain of the Port 
Zone.

    (a) The Port Arthur Marine Inspection Office and Captain of the Port 
Office are in Port Arthur, Texas.
    (b) The boundary of the Port Arthur Marine Inspection Zone and the 
Captain of the Port Zone starts at the intersection of the sea and 
92[deg]23[min] W. longitude; thence proceeds north along 92[deg]23[min] 
W. longitude to the northern boundary of Acadia Parish, thence westerly 
along the northern boundary of Acadia Parish; thence northwesterly along 
the northeastern boundaries of Allen, Vernon, Sabine, and De Soto 
Parishes; thence westerly along the northern boundary of De Soto Parish 
to the Louisiana-Texas boundary; thence northerly along the Louisiana-
Texas boundary to the Texas-Arkansas-Louisiana boundaries; thence 
westerly along the Texas-Arkansas boundary and the Texas-Oklahoma 
boundary to 97[deg]00[min] W. longitude; thence south along 
97[deg]00[min] W. longitude to the southern boundary of Dallas County, 
Texas; thence easterly along the southern boundary of Dallas County, 
Texas, to the east bank of the Trinity River; thence southeasterly along 
the east bank of the Trinity River; thence southeasterly along the east 
shore of Lake Livingston; thence southerly along the east bank of the 
Trinity River to 30[deg]00[min] N. latitude, 93[deg]55[min] W. 
longitude; thence east along 30[deg]00[min] N. latitude to 
94[deg]23[min] W. longitude; thence south along 94[deg]23[min] W. 
longitude to the sea; thence seaward to 29[deg]24[min] N. latitude, 
94[deg]20[min] W. longitude; thence easterly following a line 10.3 
nautical miles from the coast to 29[deg]30[min] N. latitude, 
93[deg]48[min] W. longitude; thence southeasterly to 27[deg]49[min] N. 
latitude, 93[deg]25[min] W. longitude; thence south along 93[deg]25[min] 
W. longitude to the outermost extent of the EEZ; thence east along the 
outermost extent of the EEZ to 92[deg]23[min] W. longitude; thence north 
along 92[deg]23[min] W. longitude to the point or origin.

[CGD 74-40, 39 FR 32131, Sept. 5, 1974, as amended by CGD 76-079, 41 FR 
37104, Sept. 2, 1976; CGD 77-241, 44 FR 10983, Feb. 26, 1979; CGD 87-
062, 52 FR 35913, Sept. 24, 1987; CGD 93-020, 58 FR 51730, Oct. 4, 1993]



Sec. 3.40-28  Houston-Galveston Marine Inspection Zone and Captain of 
the Port Zone.

    (a) The Houston-Galveston Marine Inspection Office and the Captain 
of the Port Office are located in Houston, Texas. The Galveston Marine 
Safety Unit is a subordinate unit of the Marine Safety Office and is 
located in Galveston, Texas.
    (b) The boundary of the Houston-Galveston Marine Inspection Zone and 
Captain of the Port Zone starts at the intersection of the sea and 
94[deg]23[min] W. longitude; thence proceeds north along 94[deg]23[min] 
W. longitude to 30[deg]00[min] N. latitude; thence west along 
30[deg]00[min] N. latitude to the east bank of the Trinity River; thence 
northerly along the east bank of the Trinity River; thence northwesterly 
along the eastern shore of Lake Livingston; thence northwesterly along 
the east bank of the Trinity River to the southern boundary of Dallas 
County, Texas; thence westerly along the southern boundary of Dallas 
County, Texas to 97[deg]00[min] W. longitude; thence north along 
97[deg]00[min] W. longitude to the Texas-Oklahoma boundary; thence 
northwesterly along the Texas-Oklahoma boundary; thence north along the 
New Mexico-Oklahoma boundary; thence west along the New Mexico-Colorado 
boundary; thence south along the New Mexico-Arizona boundary; thence 
easterly along the southern boundary of New Mexico to the southeast 
corner of New Mexico at 32[deg]00[min] N. latitude; thence southeasterly 
to 29[deg]18[min] N. latitude, 96[deg]07[min] W. longitude on the east 
bank of the Colorado River; thence

[[Page 44]]

southerly along the east bank of the Colorado River to the sea; thence 
along a line bearing 140[deg]T to the outermost extent of the EEZ; 
thence easterly along the outermost extent of the EEZ to 93[deg]25[min] 
W. longitude; thence north to 27[deg]49[min] N. latitude, 93[deg]25[min] 
W. longitude; thence northwesterly to 29[deg]30[min] N. latitude, 
93[deg]48[min] W. longitude; thence westward following a line 10.3 
nautical miles from the coast to 29[deg]24[min] N. latitude, 
94[deg]20[min] W. longitude; thence northwesterly to the coast at 
94[deg]23[min] W. longitude.

[CGD 95-081, 60 FR 67062, Dec. 28, 1995]



Sec. 3.40-35  Corpus Christi Marine Inspection Zone and Captain of the 
Port Zone.

    (a) The Corpus Christi Marine Inspection Office and the Corpus 
Christi Captain of the Port Office are located in Corpus Christi, Texas.
    (b) The boundary of the Corpus Christi Marine Inspection Zone and 
Captain of the Port Zone starts at the junction of the sea and the east 
bank of the Colorado River; thence proceeds northerly along the east 
bank of the Colorado River to 29[deg]18[min] N. latitude, 96[deg]07[min] 
W. longitude; thence northwesterly to the southeast corner of New Mexico 
at 32[deg]00[min] N. latitude; thence westerly along the Texas-New 
Mexico boundary; thence southeasterly along the Mexican border to the 
sea. The offshore area includes all waters and islands contained therein 
of the EEZ that are south and west of a line bearing 140[deg] T from the 
junction of the sea and the east bank of the Colorado River to the 
outermost extent of the EEZ.

[CGD 74-40, 39 FR 32132, Sept. 5, 1974, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD 93-020, 58 FR 51730, Oct. 4, 1993]



Sec. 3.40-40  St. Louis Marine Inspection Zone and Captain of the Port 
Zone.

    (a) The St. Louis Marine Inspection Office and the St. Louis Captain 
of the Port Office are located in St. Louis, Missouri.
    (b) The St. Louis Marine Inspection Zone and Captain of the Port 
Zone are comprised of all of Wyoming except for Sweetwater County; 
Colorado; North Dakota; South Dakota; Kansas; Nebraska; in Arkansas, 
Boone, Marion, Baxter, and Fulton Counties; all of Missouri except for 
Scott, Stoddard, Mississippi, New Madrid, Dunklin, and Pemiscot 
Counties, and those parts of Cape Girardeau and Bollinger Counties south 
of a line drawn from the southeast corner of Madison County eastward to 
the point of intersection of the upper Mississippi River (Mile 55.3) and 
Union and Alexander Counties (in Illinois); Iowa; that part of Minnesota 
south of 46[deg]20[min] N. latitude; that part of Wisconsin south of 
46[deg]20[min] N. latitude and west of 90[deg] W. longitude; that part 
of Illinois north of Alexander, Pulaski, and Johnson Counties, and west 
of Johnson, Saline, Hamilton, Wayne, Clay, Jasper, Cumberland, Coles, 
Douglas, Champaign, and Ford Counties and south of 41[deg] N. latitude; 
and that part of Illinois west of 90[deg] W. longitude and north of 
41[deg] N. latitude.

[CGD 86-056, 52 FR 2688, Jan. 26, 1987, as amended by CGD 93-020, 58 FR 
51728, Oct. 4, 1993. Redesignated by CGD 96-025, 61 FR 29959, June 13, 
1996]



Sec. 3.40-45  Paducah Marine Inspection Zone and Captain of the Port 
Zone.

    (a) The Paducah Marine Inspection Office and the Paducah Captain of 
the Port Office are located in Paducah, Kentucky.
    (b) The Paducah Marine Inspection Zone and the Paducah Captain of 
the Port Zone are comprised of: In Missouri: Stoddard, Mississippi and 
Scott Counties, and those parts of Cape Girardeau and Bollinger Counties 
south of a line drawn eastward from the southeast corner of Madison 
County to the point of intersection of the upper Mississippi River (Mile 
55.3) and Union and Alexander Counties, and those parts of Dunklin and 
New Madrid Counties north of a line drawn eastward from the southeast 
corner of Butler County to the westernmost point of intersection of the 
Missouri, Kentucky and Tennessee border at the lower Mississippi River 
(Mile 882.7), and all that part of New Madrid County, and all waters of 
the Mississippi River which border any part of New Madrid County, lying 
east of 89[deg]30[min] W. longitude (including the area known as 
Winchester Towhead). In Illinois: Johnson, Pope, Hardin, Alexander, 
Pulaski, and Massac Counties. In Kentucky: Fulton, Hickman, Carlisle, 
Ballard,

[[Page 45]]

McCracken, Graves, Calloway, Marshall, Livingston, Lyon, Trigg, 
Crittenden, Caldwell, and Christian Counties, and that part of Union 
County south of a line drawn from the point of intersection of Gallatin 
and Hardin Counties (in Illinois) and the Ohio River to the point of 
intersection of Union, Webster and Henderson Counties; all of Tennessee 
except for Dyer, Crockett, Lauderdale, Tipton, Haywood, Shelby, Fayette, 
Hardeman and Lake Counties; that part of Alabama north of 34[deg] N. 
latitude, and in Mississippi: Alcorn, Prentiss, and Tishomingo Counties 
except for that portion of the Tennessee-Tombigbee Waterway south of the 
Bay Springs Lock and Dam.

[CGD 86-056, 52 FR 2688, Jan. 26, 1987. Redesignated by CGD 96-025, 61 
FR 29959, June 13, 1996]



Sec. 3.40-50  Huntington Marine Inspection Zone and Captain of the Port 
Zone.

    (a) The Huntington Marine Inspection Office and the Huntington 
Captain of the Port Office are located in Huntington, West Virginia.
    (b) The Huntington Marine Inspection Zone and the Huntington Captain 
of the Port Zone are comprised of: All of West Virginia except for 
Preston, Monongalia, Marion, Marshall, Ohio, Brooke, and Hancock 
Counties; in Ohio: Wayne, Holmes, Knox, Cushocton, Licking, Muskingum, 
Guernsey, Noble, Fairfield, Perry, Morgan, Pickaway, Ross, Hocking, 
Vinton, Athens, Washington, Pike, Jackson, Gallia, Meigs, Scioto, and 
Lawrence Counties, those parts of Ashland and Medina Counties south of 
41[deg] N. latitude, and that part of Monroe County south and west of a 
line drawn from the point of intersection of Marshall and Wetzel 
Counties and the Ohio River to the point of intersection of Belmont, 
Noble, and Monroe Counties; and in Kentucky: Letcher, Perry, Owsley, 
Breathitt, Knott, Pike, Floyd, Magoffin, Wolfe, Menifee, Morgan, 
Johnson, Martin, Lawrence, Elliott, Boyd, Carter, and Greenup Counties, 
and that part of Lewis County north and east of a line drawn from the 
point of intersection of Scioto and Adams Counties and the Ohio River to 
the point of intersection of Carter, Greenup, and Lewis Counties.

[CGD 79-011, 44 FR 33400, June 11, 1979. Redesignated by CGD 96-025, 61 
FR 29959, June 13, 1996]



Sec. 3.40-55  Louisville Marine Inspection Zone and Captain of the Port 
Zone.

    (a) The Louisville Marine Inspection Office and the Louisville 
Captain of the Port Office are located in Louisville, Kentucky.
    (b) The Louisville Marine Inspection Zone and the Louisville Captain 
of the Port Zone are comprised of: that part of Indiana south of 41[deg] 
N. latitude; that part of Ohio south of 41[deg] N. latitude and west of 
Ashland, Knox, Licking, Fairfield, Pickaway, Ross, Pike, and Scioto 
Counties; that part of Illinois north of Pope and Hardin Counties, east 
of Williamson, Franklin, Jefferson, Marion, Fayette, Effingham, Shelby, 
Moultrie, Piatt, McLean, and Livingston Counties, and south of 41[deg] 
N. latitude; and in Kentucky: Todd, Logan, Simpson, Allen, Warren, 
Barren, Metcalfe, Muhlenberg, Butler, Edmonson, Hart, Green, Taylor, 
Adair, Casey, Lincoln, Webster, Hopkins, McLean, Ohio, Grayson, 
Henderson, Daviess, Hancock, Breckinridge, Meade, Hardin, Larue, Nelson, 
Washington, Marion, Anderson, Mercer, Boyle, Woodford, Jessamine, 
Garrard, Fayette, Clark, Madison, Estill, Powell, Lee, Bullitt, Spencer, 
Jefferson, Shelby, Franklin, Scott, Oldham, Henry, Owen, Trimble, 
Carroll, Montgomery, Bath, Rowan, Bourbon, Nicholas, Fleming, Harrison, 
Robertson, Mason, Grant, Pendleton, Bracken, Gallatin, Boone, Kenton, 
Campbell, Monroe, Cumberland, Russell, Clinton, Wayne, Pulaski, 
McCreary, Rock Castle, Whitley, Jackson, Laurel, Knox, Clay, Bell, 
Leslie and Harlan Counties, that part of Lewis County south and west of 
a line drawn from the point of intersection of Scioto and Adams Counties 
(in Ohio) and the Ohio River to the point of intersection of Carter, 
Greenup, and Lewis Counties (in Kentucky), and that part of Union County 
north of a line drawn from the point of intersection of Gallatin and 
Hardin Counties (in Illinois) and the Ohio River to the point of 
intersection of

[[Page 46]]

Union, Webster, and Henderson Counties (in Kentucky).

[CGD 86-056, 52 FR 2688, Jan. 26, 1987. Redesignated by CGD 96-025, 61 
FR 29959, June 13, 1996]



Sec. 3.40-60  Memphis Marine Inspection Zone and Captain of the Port 
Zone.

    (a) The Memphis Marine Inspection Office and the Memphis Captain of 
the Port Office are located in Memphis, Tennessee.
    (b) The Memphis Marine Inspection Zone and the Memphis Captain of 
the Port Zone are comprised of: Oklahoma; all of Arkansas except for 
Boone, Marion, Baxter, and Fulton Counties; in Tennessee: Shelby, 
Fayette, Hardeman, Tipton, Haywood, Lauderdale, Crockett, and Dyer 
Counties, and all of Lake County, with the exception of the portion of 
the Mississippi River which borders that part of New Madrid County, 
Missouri, lying east of 89[deg]30[min] W. longitude (including the area 
known as Winchester Towhead); in Missouri: Pemiscot County, and those 
portions of Dunklin and New Madrid Counties south of a line drawn 
eastward from the southeast corner of Butler County to the westernmost 
point of intersection of the Missouri, Kentucky, and Tennessee borders 
at the lower Mississippi River (Mile 882.7). In Mississippi: DeSoto, 
Marshall, Benton, Tippah, Tunica, Tate, Coahoma, Quitman, Panola, 
Lafayette, Union, Pontotoc, Lee, Bolivar, Washington, Sunflower, 
Tallahatchie, Leflore, Yalobusha, Grenada, Calhoun and Chickasaw 
Counties.

[CGD 86-056, 52 FR 2689, Jan. 26, 1987. Redesignated by CGD 96-025, 61 
FR 29959, June 13, 1996]



Sec. 3.40-65  Pittsburgh Marine Inspection Zone and Captain of the Port 
Zone.

    (a) The Pittsburgh Marine Inspection Office and the Pittsburgh 
Captain of the Port Office are located in Pittsburgh, Pennsylvania.
    (b) The Pittsburgh Marine Inspection Zone and the Pittsburgh Captain 
of the Port Zone are comprised of: that part of Pennsylvania south of 
41[deg] N. latitude and west of 79[deg] W. longitude; in West Virginia: 
Preston, Monongalia, Marion, Marshall, Ohio, Brooke, and Hancock 
Counties; and in Ohio: Stark, Columbiana, Tuscarawas, Carroll, Harrison, 
Jefferson, and Belmont Counties, those parts of Summit, Portage, and 
Mahoning Counties south of 41[deg] N. latitude, and that part of Monroe 
County north and east of a line drawn from the point of intersection of 
Marshall and Wetzel Counties and the Ohio River to the point of 
intersection of Belmont, Nobile, and Monroe Counties.

[CGD 79-011, 44 FR 33400, June 11, 1979. Redesignated by CGD 96-025, 61 
FR 29959, June 13, 1996]



                 Subpart 3.45_Ninth Coast Guard District

    Source: CGD 79-011, 44 FR 33401, June 11, 1979, unless otherwise 
noted.



Sec. 3.45-1  Ninth district.

    (a) The District Office is in Cleveland Ohio.
    (b) The Ninth Coast Guard District comprise Michigan, New York north 
of latitude 42[deg] N. and west of longitude 74[deg]39[min] W.; 
Pennsylvania north of latitude 41[deg] and west of longitude 
78[deg]55[min] W.; that part of Ohio and Indiana north of latitude 
41[deg] N.; that part of Illinois north of latitude 41[deg] N. and east 
of longitude 90[deg] W.; Wisconsin, except that part south of latitude 
46[deg]20[min] N. and west of longitude 90[deg] W.; and that part of 
Minnesota north of latitude 46[deg]20[min] N.

[CGFR 61-40, 26 FR 10350, Nov. 3, 1961, as amended by CGFR 71-85, 36 FR 
16577, Aug. 24, 1971]



Sec. 3.45-5  Cleveland Marine Inspection Zone and Captain of the Port 
Zone.

    (a) The Cleveland Marine Inspection Office and the Cleveland Captain 
of the Port Office are located in Cleveland, Ohio.
    (b) The Cleveland Marine Inspection Zone and Captain of the Port 
Zone include all navigable waters of the United States and contiguous 
land areas within the following boundaries: From the international 
boundary in Lake Erie at longitude 82[deg]25[min] W.; thence due south 
to latitude 41[deg] N.; thence due east to longitude 
80[deg]31[min]12[sec] W. (Ohio/Pennsylvania State boundary); thence due 
north to the international boundary; thence southwesterly along the

[[Page 47]]

international boundary to the starting point.
    (c) Notwithstanding paragraph (b) of this section and Sec. 3.10-
50(b), factory inspections at the towns of Alliance and Sebring, Ohio, 
are conducted by marine inspectors from the Cleveland Marine Inspection 
Office rather than from the Pittsburgh Marine Inspection Office.

[CGD 82-019, 47 FR 13797, Apr. 1, 1982]



Sec. 3.45-10  Buffalo Marine Inspection Zone and Captain of the Port 
Zone.

    (a) The Buffalo Marine Inspection Office and the Buffalo Captain of 
the Port Office are located in Buffalo, New York.
    (b) The Buffalo Marine Inspection Zone and Captain of the Port Zone 
include all navigable waters of the United States and contiguous land 
areas within the following boundaries: From the international boundary 
in Lake Erie at longitude 80[deg]31[min]12[sec] W. (Ohio/Pennsylvania 
State boundary); thence due south to latitude 41[deg] N.; thence due 
east to longitude 78[deg]55[min] W.; thence due north to latitude 
42[deg] N.; thence due east to longitude 74[deg]39[min] W.; thence due 
north to the international boundary; thence southeasterly along the 
international boundary to the starting point.

[CGD 82-019, 47 FR 13798, Apr. 1, 1982]



Sec. 3.45-15  Chicago Marine Inspection Zone and Captain of the Port 
Zone.

    (a) The Chicago Marine Inspection Office and the Chicago Captain of 
the Port Office are located in Chicago, Illinois.
    (b) The Chicago Marine Inspection Zone and the Chicago Captain of 
the Port Zone include those parts of Michigan, Indiana, Ohio, and 
Illinois within the following boundaries: From the Illinois-Wisconsin 
boundary at longitude 90[deg] W.; thence due east to longitude 87[deg] 
W.; thence due north to latitude 44[deg]15[min] N., thence northeasterly 
to latitude 44[deg]43[min] N., longitude 86[deg]40[min] W.; thence due 
east to longitude 84[deg]30[min] W.; thence due south to latitude 
41[deg] N.; thence due west to longitude 90[deg] W.; thence due north to 
the starting point.

[CGD 94-107, 60 FR 17223, Apr. 5, 1995]



Sec. 3.45-20  Detroit Marine Inspection Zone and Captain of the Port 
Zone.

    (a) The Detroit Marine Inspection Office and the Detroit Captain of 
the Port Office are located in Detroit, Michigan.
    (b) The Detroit Marine Inspection Zone and Captain of the Port Zone 
include all navigable waters of the United States and contiguous land 
areas within the following boundaries: From latitude 42[deg] N., 
longitude 84[deg]30[min]W.; thence due east to the international 
boundary; thence northerly along the international boundaries to 
latitude 44[deg]43[min] N.; thence due west to longitude 84[deg]30[min] 
W.; thence due south to the starting point.



Sec. 3.45-25  Duluth Marine Inspection Zone and Captain of Port Zone.

    (a) The Duluth Marine Inspection Office and the Duluth Captain of 
the Port Office are located in Duluth, Minnesota.
    (b) The boundary of the Duluth Marine Inspection Zone and Captain of 
the Port Zone starts at the intersection of the Minnesota-North Dakota 
boundary and the international boundary; thence southerly along the 
Minnesota-North Dakota boundary to latitude 46[deg]20[min] N.; thence 
due east to longitude 88[deg]30[min] W.; thence northeasterly to the 
shore of Lake Superior at longitude 87[deg]45[min] W.; thence northerly 
to Manitou Island Light, located at latitude 47[deg]25[min] N., 
longitude 87[deg]35[min] W.; thence due north to the international 
boundary at longitude 87[deg]35[min] W.; thence westerly along the 
international boundary to the starting point.



Sec. 3.45-30  Milwaukee Marine Inspection Zone and Captain of the Port 
Zone.

    (a) The Milwaukee Marine Inspection Office and the Milwaukee Captain 
of the Port Office are located in Milwaukee, Wisconsin.
    (b) The boundary of the Milwaukee Marine Inspection Zone and the 
Milwaukee Captain of the Port Zone starts at the Illinois-Wisconsin 
boundary at longitude 90[deg] W.; thence due east to longitude 87[deg] 
W.; thence due north to latitude 44[deg]15[min] N.; thence northeasterly 
to latitude 44[deg]43[min] N., longitude 86[deg]40[min] W.; thence due 
north to latitude 45[deg]27[min] N.; thence due west to longitude 
88[deg]30[min] W.;

[[Page 48]]

thence due north to latitude 46[deg]20[min] N.; thence due west to 
longitude 90[deg] W.; thence due south to the starting point.

[CGD 82-019, 47 FR 13798, Apr. 1, 1982, as amended by CGD 94-107, 60 FR 
17224, Apr. 5, 1995]



Sec. 3.45-45  Sault Ste. Marie Marine Inspection Zone and Captain of 
the Port Zone.

    (a) The Sault Ste. Marie Marine Inspection Office and the Sault Ste. 
Marie Captain of the Port Office are located in Sault Ste. Marie, 
Michigan.
    (b) The boundary of the Sault Ste. Marie Marine Inspection Zone and 
the Sault Ste. Marie Captain of the Port Zone starts at the 
international boundary at latitude 44[deg]43[min] N.; thence due west to 
longitude 86[deg]40[min] W.; thence due north to latitude 45[deg]27[min] 
N.; thence due west to longitude 88[deg]30[min] W.; thence due north to 
latitude 46[deg]20[min] N.; thence northeasterly to the shore of Lake 
Superior at longitude 87[deg]45[min] W.; thence northerly to Manitou 
Island Light, located at latitude 47[deg]25[min] N., longitude 
87[deg]35[min] W.; thence due north to the international boundary at 
longitude 87[deg]35[min] W.; thence southeasterly along the 
international boundary to the starting point.

[CGD 94-107, 60 FR 17224, Apr. 5, 1995]



Sec. 3.45-50  Toledo Marine Inspection Zone and Captain of the Port Zone.

    (a) The Toledo Marine Inspection Office and the Toledo Captain of 
the Port Office are located in Toledo, Ohio.
    (b) The Toledo Marine Inspection Zone and Captain of the Port Zone 
include all navigable waters of the United states and contiguous land 
areas within the following boundaries: From latitude 42[deg] N.; 
longitude 84[deg]30[min] W.; thence due south to latitude 41[deg] N.; 
thence due east to longitude 82[deg]25[min] W.; thence due north to the 
international boundary in Lake Erie; thence northwesterly along the 
international boundary to latitude 42[deg] N.; thence due west to the 
starting point.



               Subpart 3.55_Eleventh Coast Guard District



Sec. 3.55-1  Eleventh district.

    (a) The District Office is in Alameda, California.
    (b) The Eleventh Coast Guard District is comprised of: Arizona; 
Utah; Nevada; California; and the ocean area bounded by a line from the 
California-Oregon state line westerly to 40[deg] N. latitude, 150[deg] 
W. longitude; thence southeasterly to 5[deg] S. latitude, 110[deg] W. 
longitude; thence northeasterly to the border between Guatemala and 
Mexico on the Pacific Coast (14[deg]38[min] N. latitude, 92[deg]19[min] 
W. longitude).

[CGFR 61-40, 26 FR 10351, Nov. 3, 1961, as amended by CGD 87-008, 52 FR 
13084, Apr. 21, 1987; CGD 96-025, 61 FR 29959, June 13, 1996]



Sec. 3.55-10  Los Angeles-Long Beach Marine Inspection Zone and Captain 
of the Port Zone.

    (a) The Los Angeles-Long Beach Marine Inspection Office and the Los 
Angeles-Long Beach Captain of the Port Office are located in Long Beach, 
California.
    (b) The Los Angeles-Long Beach Marine Inspection Zone and Captain of 
the Port Zone comprise the land masses and waters of California south of 
Monterey, Kings, Tulare, and Inyo Counties except San Diego and Imperial 
Counties. The offshore boundary starts at a line bearing 240[deg] T from 
the intersection of the Monterey-San Luis Obispo County line 
(approximately 35[deg]47.5[min] N. latitude) and the California coast to 
the outermost extent of the EEZ; thence proceeds southerly along the 
outermost extent of the EEZ to a line bearing 255[deg] T from the 
intersection of the Orange-San Diego County lines (approximately 
33[deg]22.5[min] N. latitude) and the California coast; thence easterly 
along this line to the coast.

[CGD 74-241, 39 FR 44979, Dec. 30, 1974, as amended by CGD 77-234, 43 FR 
18553, May 1, 1978; CGD 77-241, 44 FR 10983, Feb. 26, 1979; CGD 82-038, 
47 FR 27264, June 24, 1982; CGD 93-020, 58 FR 51731, Oct. 4, 1993]



Sec. 3.55-15  San Diego Marine Inspection Zone and Captain of the Port 
Zone.

    (a) The San Diego Marine Inspection Office and San Diego Captain of 
the

[[Page 49]]

Port Office are located in San Diego, California.
    (b) The San Diego Marine Inspection Zone and Captain of the Port 
Zone comprise the land masses and waters of Arizona; in Utah, 
Washington, Kane, San Juan, and Garfield Counties; in Nevada, Clark 
County; and in California, San Diego and Imperial Counties. The offshore 
boundary, which includes all ocean waters and islands contained therein, 
starts at the intersection of the Orange-San Diego County lines 
(approximately 33[deg]22.5[min] N. latitude) and the California coast 
and proceeds seaward on a line bearing 255 T[deg] to the outermost 
extent of the EEZ; thence proceeds southerly along the outermost extent 
of the EEZ to the intersection of the maritime boundary with Mexico; 
thence easterly, along the maritime boundary with Mexico to its 
intersection with the California coast.

[CGD 74-241, 39 FR 44980, Dec. 30, 1974, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD 82-038, 47 FR 27264, June 24, 1982; CGD 93-
020, 58 FR 59364, Nov. 9, 1993]



Sec. 3.55-20  San Francisco Bay Marine Inspection Zone and Captain of 
the Port Zone.

    (a) The San Francisco Bay Marine Inspection Zone and Captain of the 
Port Office are located in Alameda, California.
    (b) The San Francisco Bay Marine Inspection Zone and Captain of the 
Port Zone comprise the land masses and waters of Wyoming within the 
boundaries of Sweetwater County; Utah, except for Washington, Kane, San 
Juan, and Garfield Counties; Nevada, except for Clark County; and 
California, north of San Luis Obispo, Kern, and San Bernardino Counties. 
It also includes all ocean waters and islands contained therein of the 
EEZ bounded on the north by the northern boundary of the Eleventh Coast 
Guard District which is described in Sec. 3.55-1; and on the south by a 
line bearing 240[deg] T from the intersection of the Monterey-San Luis 
Obispo County lines (approximately 35[deg]47.5[min] N. latitude) and the 
California coast to the outermost extent of the EEZ; and on the west by 
the outermost extent of the EEZ.

[CGD 93-020, 58 FR 51731, Oct. 4, 1993]



              Subpart 3.65_Thirteenth Coast Guard District



Sec. 3.65-1  Thirteenth district.

    (a) The District Office is in Seattle, Wash.
    (b) The Thirteenth Coast Guard District shall comprise Washington, 
Oregon, Idaho, and Montana; and the ocean area bounded by a line from 
California-Oregon state line westerly to latitude 40[deg] N. longitude, 
150[deg] W., thence northeasterly to latitude 54[deg]40[min] N., 
longitude 140[deg] W., thence due east to the Canadian coast.

[CGFR 61-40, 26 FR 10352, Nov. 3, 1961]



Sec. 3.65-10  Puget Sound Marine Inspection Zone and Captain of the Port 
Zone.

    (a) The Puget Sound Marine Inspection Office and the Puget Sound 
Captain of the Port Office are located in Seattle, Washington.
    (b) The boundary of the Puget Sound Marine Inspection Zone and 
Captain of the Port Zone starts at 48[deg]29[min]35[sec] N. latitude, 
124[deg]43[min]45[sec] W. longitude and proceeds along the Canadian 
border eastward to the Montana-North Dakota boundary; thence southerly 
along this boundary to the Wyoming State line; thence westerly and 
southerly along the Montana-Wyoming boundary to the Idaho State line; 
thence northwesterly along the Montana-Idaho boundary to 46[deg]55[min] 
N. latitude; thence westerly along 46[deg]55[min] N. latitude to 
123[deg]18[min] W. longitude; thence northerly to a point 47[deg]32[min] 
N. latitude, 123[deg]18[min] W. longitude; thence westerly along 
47[deg]32[min] N. latitude to the outermost extent of the EEZ; thence 
northeasterly along the outermost extent of the EEZ to the Canadian 
border; thence easterly along the Canadian border to the point of 
origin.

[CGD 84-056, 49 FR 33874, Aug. 27, 1984, as amended by CGD 93-020, 58 FR 
51731, Oct. 4, 1993]



Sec. 3.65-15  Portland, Oregon, Marine Inspection Zone and Captain of 
the Port Zone.

    (a) The Portland Marine Inspection Office and the Portland Captain 
of the Port Office are located in Portland, Oregon.

[[Page 50]]

    (b) The boundary of the Portland, Oregon, Marine Inspection Zone and 
Captain of the Port Zone starts at the Washington coast at 
47[deg]32[min] N. latitude and proceeds along this latitude easterly to 
a point 47[deg]32[min] N. latitude, 123[deg]18[min] W. longitude; thence 
southerly to 46[deg]55[min] N. latitude; thence easterly along this 
latitude to the eastern Idaho State line; thence southeasterly along the 
Idaho State line to the intersection of the Idaho-Wyoming boundary; 
thence southerly along the Idaho-Wyoming boundary to the intersection of 
the Idaho-Utah-Wyoming boundaries; thence westerly along the 
42[deg]00[min] N. latitude to the sea. The offshore boundary is bounded 
on the south by the southern boundary of the Thirteenth Coast Guard 
District which is described in Sec. 3.65-10, to the outermost extent of 
the EEZ; thence northerly along the outermost extent of the EEZ to 
47[deg]32[min] N. latitude; thence easterly along 47[deg]32[min] N. 
latitude to the coast.

[CGD 74-78, 39 FR 17312, May 15, 1974, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD 93-020, 58 FR 51731, Oct. 4, 1993; 59 FR 948, 
Jan. 7, 1994]



              Subpart 3.70_Fourteenth Coast Guard District



Sec. 3.70-1  Fourteenth district.

    (a) The District Office is in Honolulu, Hawaii.
    (b) The Fourteenth Coast Guard District shall comprise the State of 
Hawaii; and the Pacific Islands belonging to the United States south of 
latitude 40[deg] N., and west of a line running from 40[deg] N., 
150[deg] W. through latitude 5[deg] S., 110[deg] W.; the ocean area west 
and south of a line running from position 51[deg] N., 158[deg] E. to 
position 43[deg] N., 165[deg] E.; thence due south to latitude 40[deg] 
N.; thence due east to longitude 150[deg] W.; thence southeasterly 
through latitude 5[deg] S., longitude 110[deg] W.

[CGFR 61-40, 26 FR 10352, Nov. 3, 1961, as amended by CGFR 70-150, 36 FR 
912, Jan. 20, 1971]



Sec. 3.70-10  Honolulu Marine Inspection Zone and Captain of the Port 
Zone.

    (a) The Honolulu Marine Inspection Office and Captain of the Port 
Office are in Honolulu, Hawaii.
    (b) The boundaries of the Honolulu Marine Inspection Zone coincide 
with the boundaries of the Fourteenth Coast Guard District, excluding 
portions surrounding the territory of Guam, the Commonwealth of the 
Northern Mariana Islands, and the Trust Territory of the Pacific Islands 
covered in Sec. 3.70-15(b).
    (c) The Honolulu Captain of the Port Zone comprises:
    (1) The State of Hawaii, including all the islands and atolls of the 
Hawaiian Chain and the adjacent waters of the EEZ.
    (2) American Samoa and the adjacent waters of the EEZ.
    (3) Johnston Atoll and the adjacent waters of the EEZ.
    (4) Palmyra Atoll and Kingman Reef and the adjacent waters of the 
EEZ.
    (5) Wake Island and the adjacent waters of the EEZ.
    (6) Jarvis Island and the adjacent waters of the EEZ.
    (7) Howland and Baker Islands and the adjacent waters of the EEZ.
    (8) Midway Island and the adjacent waters of the EEZ.
    (d) In American Samoa, required notifications to the Officer in 
Charge, Marine Inspection and the Captain of the Port, Honolulu, may be 
made to: Supervisor, United States Coast Guard, Marine Safety 
Detachment, P.O. Box 249, Pago Pago, American Samoa 96799-0249.

[CGD 82-019, 47 FR 13798, Apr. 1, 1982, as amended by CDG 88-037, 53 FR 
21814, June 10, 1988; CGD 89-039, 54 FR 19166, May 4, 1989; CGD 93-020, 
58 FR 51731, Oct. 4, 1993; 59 FR 948, Jan. 7, 1994]



Sec. 3.70-15  Guam Marine Inspection Zone and Captain of the Port Zone.

    (a) The Guam Marine Inspection Office and Captain of the Port Office 
are located in Piti, Guam.
    (b) The Guam Marine Inspection Zone and Captain of the Port Zone 
comprise:
    (1) The Territory of Guam and the adjacent waters of the EEZ.
    (2) The Commonwealth of the Northern Mariana Islands and the 
adjacent waters of the EEZ.
    (c) In Commonwealth of the Northern Mariana Islands, required 
notifications

[[Page 51]]

to the Officer in Charge, Marine Inspection and the Captain of the Port, 
Guam, may be made to: Supervisor, United States Coast Guard, Marine 
Safety Detachment, Emergency Operations Center, Capitol Hill, Saipan, 
Commonwealth of the Northern Mariana Islands 96950-5000.

[CGD 93-020, 58 FR 51731, Oct. 4, 1993, as amended by CGD 97-023, 62 FR 
33361, June 19, 1997]



              Subpart 3.85_Seventeenth Coast Guard District



Sec. 3.85-1  Seventeenth district.

    (a) The District Office is in Juneau, Alaska.
    (b) The Seventeenth Coast Guard District shall comprise the State of 
Alaska; the ocean area bounded by a line from the Canadian Coast at 
latitude 54[deg]40[min] N. due west to longitude 140[deg] W.; thence 
southwesterly to position 40[deg] N., 150[deg] W.; thence due west to 
position 40[deg] N., 165[deg] E.; thence due north to latitude 43[deg] 
N.; thence northwesterly to 51[deg] N., 158[deg] E.; thence north and 
east along the coastline of the continent of Asia to East Cape; thence 
north to the Arctic Ocean.

[CGFR 61-40, 26 FR 10353, Nov. 3, 1961, as amended by CGFR 70-150, 36 FR 
912, Jan. 20, 1971]



Sec. 3.85-10  Southeast Alaska Marine Inspection Zone and Captain of 
the Port Zone.

    (a) The Southeast Alaska Marine Inspection Office and the Southeast 
Alaska Captain of the Port Office are located in Juneau, Alaska.
    (b) The Southeast Alaska Marine Inspection Zone and Captain of the 
Port Zone comprise the area within the boundary which starts at 
60[deg]01.3[min] N. latitude, 142[deg]00[min] W. longitude; thence 
proceeds northeasterly to the Canadian border at 60[deg]18.7[min] N. 
latitude, 141[deg]00[min] W. longitude; thence southerly and easterly 
along the United States-Canadian shoreside boundary to 54[deg]40[min] N. 
latitude; thence westerly along the United States-Canadian maritime 
boundary to the outermost extent of the EEZ; thence northerly along the 
outer boundary of the EEZ to 142[deg]00[min] W longitude; thence due 
north to the point of origin.

[CGD 75-095, 40 FR 28451, July 7, 1975, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD 93-020, 58 FR 51732, Oct. 4, 1993]



Sec. 3.85-15  Western Alaska Marine Inspection Zone and Captain of the 
Port Zone.

    (a) The Western Alaska Marine Inspection Office and the Western 
Alaska Captain of the Port Office are located in Anchorage, Alaska.
    (b) The Western Alaska Marine Inspection Zone and Captain of the 
Port Zone comprise that portion of the State of Alaska and the adjacent 
waters to the outermost extent of the EEZ, except for those sections of 
Alaska covered in Sec. Sec. 3.85-10(b) and 3.85-20(b).

[CGD 77-023, 42 FR 36252, July 14, 1977; 42 FR 38354, July 28, 1977, as 
amended by CGD 77-241, 44 FR 10983, Feb. 26, 1979; CGD 90-063, 55 FR 
52047, Dec. 19, 1990; CGD 93-020, 58 FR 51732, Oct. 4, 1993]



Sec. 3.85-20  Prince William Sound Marine Inspection Zone and Captain 
of the Port Zone.

    (a) The Prince William Sound Marine Inspection Office and the Prince 
William Sound Captain of the Port Office are located in Valdez, Alaska.
    (b) The Prince William Sound Marine Inspection Zone and Captain of 
the Port Zone comprise the area within the boundary which starts at Cape 
Puget at 148[deg]26[min] W. longitude, 59[deg]56.06[min] N. latitude, 
and proceeds northerly to 61[deg]30[min] N. latitude; thence easterly to 
the United States-Canadian boundary; thence southerly along the United 
States-Canadian boundary to 60[deg]18.7[min] N. latitude; thence 
southwesterly to the sea at 60[deg]01.3[min] N. latitude, 
142[deg]00[min] W. longitude; thence southerly along 142[deg]00[min] W. 
longitude to the outermost boundary of the EEZ; thence along the 
outermost boundary of the EEZ to 148[deg]26[min] N. longitude; thence 
northerly along 148[deg]26[min] W. longitude to the place of origin at 
Cape Puget at 59[deg]56.06[min] N. latitude.

[CGD 77-023, 42 FR 36252, July 14, 1977, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD 79-133, 44 FR 70720, Dec. 10, 1979; CGD 90-
063, 55 FR 52047, Dec. 19, 1990; 56 FR 2134, Jan. 22, 1991; CGD 93-020, 
58 FR 51732, Oct. 4, 1993]

[[Page 52]]



PART 4_OMB CONTROL NUMBERS ASSIGNED PURSUANT TO THE PAPERWORK REDUCTION 
ACT--Table of Contents




Sec.
4.01 Purpose.
4.02 Display.

    Authority: 44 U.S.C. 3507; Department of Homeland Security 
Delegation No. 0170.1.



Sec. 4.01  Purpose.

    This part collects and displays the control numbers assigned to 
information collection requirements of the Coast Guard by the Office of 
Management and Budget pursuant to the Paperwork Reduction Act of 1980, 
(Pub. L. 96-511, 44 U.S.C. 3501 et seq.). The Coast Guard intends that 
this subpart comply with the requirements of section 3507(f) of the 
Paperwork Reduction Act, which requires that agencies display a current 
control number assigned by the Director of the Office of Management and 
Budget (``OMB'') for each agency information collection requirement.

[CGD 84-050, 49 FR 26584, June 28, 1984]



Sec. 4.02  Display.

------------------------------------------------------------------------
33 CFR part or section where identified
             and described                   Current OMB control No.
------------------------------------------------------------------------
Part 6.................................  1625-0020
Part 67................................  1625-0011
Part 96................................  1625-0084
Part 100...............................  1625-0008
Part 101...............................  1625-0077
Section 101.115........................  1625-0017
Part 103...............................  1625-0077
Part 104...............................  1625-0077
Section 104.297........................  1625-0017
Part 105...............................  1625-0077
Part 106...............................  1625-0077
Part 115...............................  1625-0015
Part 116...............................  1625-0073
Part 120...............................  1625-0077
Section 126.15(c)......................  1625-0016
Section 126.17.........................  1625-0005
Part 127...............................  1625-0049
Section 127.617........................  1625-0016
Section 127.1603.......................  1625-0016
Part 128...............................  1625-0077
Part 130...............................  1625-0046
Part 138...............................  1625-0046
Section 140.15.........................  1625-0050
Section 140.103........................  1625-0054
Section 141.35.........................  1625-0098
Part 143...............................  1625-0059
Part 144...............................  1625-0059
Part 145...............................  1625-0059
Part 146...............................  1625-0001 and
                                         1625-0059
Section 146.130........................  1625-0044
Section 146.140........................  1625-0059
Section 146.210........................  1625-0059
Part 151...............................  1625-0009
Section 151.19.........................  1625-0041
Section 151.21.........................  1625-0041
Section 151.43.........................  1625-0045
Section 151.55.........................  1625-0072
Section 151.57.........................  1625-0072
Section 151.2040.......................  1625-0069
Section 153.203........................  1625-0096
Section 154.107........................  1625-0095
Section 154.108........................  1625-0095
Section 154.110........................  1625-0093
Section 154.300 through 154.325........  1625-0021
Section 154.710........................  1625-0039
Section 154.740........................  1625-0039
Section 154.804........................  1625-0060
Section 154.806........................  1625-0060
Section 154.1220.......................  1625-0066
Section 154.1225.......................  1625-0066
Section 155.120........................  1625-0051 and
                                         1625-0095
Section 155.130........................  1625-0051 and
                                         1625-0095
Section 155.710........................  1625-0072
Section 155.715........................  1625-0072
Section 155.720........................  1625-0030
Section 155.740........................  1625-0030
Section 155.750........................  1625-0030
Section 155.820........................  1625-0030
Section 155.820(d).....................  1625-0039
Section 156.107........................  1625-0095
Section 156.110........................  1625-0095
Section 156.120........................  1625-0039
Section 156.150........................  1625-0039
Part 156, Subpart B....................  1625-0042
Section 156.200........................  1625-0042
Part 157...............................  1625-0036 and
                                         1625-0041
Section 157.37.........................  1625-0041
Section 157.415........................  1625-0083
Section 157.420........................  1625-0083
Section 157.430........................  1625-0083
Section 157.435........................  1625-0083
Section 157.450........................  1625-0083
Section 157.455........................  1625-0083
Part 158...............................  1625-0045
Section 158.140........................  1625-0045
Section 158.150........................  1625-0045
Section 158.165........................  1625-0045
Section 158.190........................  1625-0045
Part 159...............................  1625-0041 and
                                         1625-0092
Part 160...............................  1625-0043 and
                                         1625-0100
Part 161...............................  1625-0043
Part 164...............................  1625-0043 and
                                         1625-0082
Part 165...............................  1625-0020 and
                                         1625-0043
Section 165.100........................  1625-0088
Section 165.803(i).....................  1625-0023
Section 165.1709.......................  1625-0043
Section 169.140........................  1625-0103
Section 173.55.........................  1625-0003
Section 179.13.........................  1625-0010
Section 179.15.........................  1625-0010
Section 181.21 through 181.31..........  1625-0056
Part 183...............................  1625-0056
Part 187...............................  1625-0070
------------------------------------------------------------------------


[69 FR 34924, June 23, 2004]

[[Page 53]]



PART 5_COAST GUARD AUXILIARY--Table of Contents




Sec.
5.01 Definitions.
5.03 Purpose.
5.05 Organization.
5.07 Administration.
5.09 Eligibility for membership.
5.11 Membership in military organizations.
5.13 Application for membership.
5.15 Admission to membership.
5.17 Disenrollment.
5.19 Training.
5.21 Ranks, titles, designations, or grades.
5.23 Advancement.
5.25 Honorary members.
5.27 Assignment to specific duties.
5.29 Assignment to duty on a motorboat, yacht, aircraft, or radio 
          station.
5.31 Power and authority.
5.33 Training, examination, and assignment.
5.35 Use of facilities.
5.37 Offer of facilities.
5.39 Acceptance of facilities.
5.41 Emergencies.
5.43 Public vessels, aircraft, and radio stations.
5.45 Return of facility.
5.47 Auxiliary ensign.
5.48 Auxiliary Patrol Boat ensign.
5.49 Reimbursement for expenses.
5.55 Compensation.
5.57 Traveling expenses and per diem.
5.59 Medical treatment and hospitalization.
5.61 Uniforms.
5.63 Insignia.
5.65 Medals.
5.69 Limitations of rights, privileges, and benefits.

    Authority: 14 U.S.C. 633, 892; Pub. L. 107-296, 116 Stat. 2135; 
Department of Homeland Security Delegation No. 0170.

    Source: CGFR 48-64, 13 FR 8393, Dec. 28, 1948, unless otherwise 
noted.



Sec. 5.01  Definitions.

    Certain terms used in this part are defined as follows:
    (a) Act means the Coast Guard Auxiliary and Reserve Act of 1941, as 
amended, and recodified by Act of August 4, 1949, as 14 U.S.C. 821 
through 832.
    (b) Auxiliary means the United States Coast Guard Auxiliary 
established pursuant to the Act.
    (c) Commandant means the Commandant of the United States Coast 
Guard.
    (d) Member means any person who is a member of the Auxiliary.
    (e) Vessel means a motorboat or yacht.
    (f) Motorboat means any documented or numbered vessel propelled by 
machinery, not more than 65 feet in length measured end to end over the 
deck excluding sheer.
    (g) Yacht means either (1) any documented or numbered vessel used 
exclusively for pleasure, or (2) any sailboat used exclusively for 
pleasure over 16 feet in length measured from end to end over the deck 
excluding sheer.
    (h) Radio station means any equipment (including a building which 
houses such equipment) the use of which to transmit communications by 
radio is authorized pursuant to law.
    (i) Aircraft means any contrivance now known or hereafter invented, 
used or designed for navigation of or flight in the air.
    (j) Secretary means the Secretary of Homeland Security when the 
Coast Guard operates in the Department of Homeland Security or the 
Secretary of the Navy when the Coast Guard operates as part of the Navy.
    (k) Facility or facilities means a vessel, aircraft, and/or radio 
station.

[CGFR 48-64, 13 FR 8393, Dec. 28, 1948, as amended by CGFR 59-58, 24 FR 
10717, Dec. 25, 1959; CGD 96-026, 61 FR 33662, June 28, 1996; USCG-2003-
14505, 68 FR 9534, Feb. 28, 2003]



Sec. 5.03  Purpose.

    The Auxiliary was created in order to assist the Coast Guard to:
    (a) Promote safety and to effect rescues on and over the high seas 
and on navigable waters.
    (b) Promote efficiency in the operation of motorboats and yachts.
    (c) Foster a wider knowledge of, and better compliance with, the 
laws, rules, and regulations governing the operation of motorboats and 
yachts.
    (d) Facilitate other operations of the Coast Guard.



Sec. 5.05  Organization.

    The Auxiliary is a nonmilitary organization administered by the 
Commandant, under the direction of the Secretary.



Sec. 5.07  Administration.

    Any authority vested in the Commandant by this part may be delegated 
by him to such personnel of the Coast

[[Page 54]]

Guard, in such manner and to such extent, as he deems necessary or 
appropriate for the functioning, organization, and internal 
administration of the Auxiliary.



Sec. 5.09  Eligibility for membership.

    To be eligible for membership in the Auxiliary, a person (male or 
female) must be over 17 years of age; a citizen of the United States or 
of its Territories and possessions; and either own not less than a 
twenty-five percent interest in a motorboat, yacht, aircraft, or radio 
station; or have had such special training or experience as to qualify 
him in the opinion of the Commandant, for duty in the Auxiliary.

[CGFR 59-58, 24 FR 10717, Dec. 25, 1959]



Sec. 5.11  Membership in military organizations.

    Members of the Auxiliary may also be enrolled, enlisted or 
commissioned in the Coast Guard Reserve. Membership in the Auxiliary is 
not a bar to membership in any other naval or military organization.



Sec. 5.13  Application for membership.

    Application for membership in the Auxiliary shall be made on the 
prescribed form which may be obtained from the Commander of the Coast 
Guard district in which located. Membership is based on the needs of the 
Auxiliary and will necessarily vary in the various Coast Guard 
districts.

[CGFR 59-58, 24 FR 10717, Dec. 25, 1959]



Sec. 5.15  Admission to membership.

    An applicant who is accepted for membership shall be enrolled in the 
Auxiliary and shall be issued a membership certificate and 
identification card. Mere ownership of such a certificate or card shall 
not entitle a member of the Auxiliary to be vested with or exercise any 
right, privilege, power, or duty vested in or imposed upon the personnel 
of the Coast Guard or the Coast Guard Reserve.

[CGFR 59-58, 24 FR 10717, Dec. 25, 1959]



Sec. 5.17  Disenrollment.

    A member of the Auxiliary shall be disenrolled on request; upon 
ceasing to possess the qualifications for membership; for cause; upon 
direction of the Commandant; or upon death.

[CGFR 59-58, 24 FR 10717, Dec. 25, 1959]



Sec. 5.19  Training.

    The Commandant may authorize members of the Auxiliary to pursue 
correspondence courses conducted by the Coast Guard Institute at cost 
when the furnishing of such courses does not interfere with other 
regular Coast Guard activities.



Sec. 5.21  Ranks, titles, designations, or grades.

    The members of the Auxiliary shall have such ranks, titles, 
designations, or grades, pursuant to their qualifications, as the 
Commandant considers necessary for the administration and operation of 
the Auxiliary.



Sec. 5.23  Advancement.

    The Commandant shall prescribe the circumstances and qualifications 
under which members of the Auxiliary may be advanced.



Sec. 5.25  Honorary members.

    For conspicuous service to or active interest in the Auxiliary, the 
Commandant may award any person with honorary membership in the 
Auxiliary. An honorary member of the Auxiliary, solely by reason of such 
honorary membership, shall not be entitled to any of the rights, 
benefits, privileges, duties, or obligations of regular members of the 
Auxiliary.



Sec. 5.27  Assignment to specific duties.

    Members of the Auxiliary shall not be assigned to specific duties 
until they have been found, after appropriate training and examination, 
to be competent to perform such duties.



Sec. 5.29  Assignment to duty on a motorboat, yacht, aircraft, or radio 
station.

    No member of the Auxiliary shall be placed in charge of a motorboat, 
yacht, aircraft, or radio station assigned to Coast Guard duty unless he 
has been specifically designated by authority of the Commandant to 
perform such duty.

[[Page 55]]



Sec. 5.31  Power and authority.

    Members of the Auxiliary, when assigned to specific duties shall, 
unless otherwise limited by the Commandant, be vested with the same 
power and authority, in execution of such duties, as members of the 
regular Coast Guard assigned to similar duties.



Sec. 5.33  Training, examination, and assignment.

    The Commandant will prescribe the type of training, qualifications 
and examinations required before a member of the Auxiliary shall be 
deemed qualified to perform certain duties, and will prescribe the 
circumstances and manner in which certain members of the Auxiliary shall 
be authorized to perform regular and emergency specific duties.



Sec. 5.35  Use of facilities.

    Section 826 of Title 14, U.S. Code, reads as follows:

    The Coast Guard may utilize for any purpose incident to carrying out 
its functions and duties as authorized by the Secretary any motorboat, 
yacht, aircraft, or radio station placed at its disposition for any of 
such purposes by any member of the Auxiliary, by any corporation, 
partnership, or association, or by any State or political subdivision 
thereof.

[CGFR 59-58, 24 FR 10717, Dec. 25, 1959]



Sec. 5.37  Offer of facilities.

    Any member of the Auxiliary desiring to place a vessel, aircraft, or 
radio station at the disposal of the Coast Guard pursuant to the Act and 
the regulations in this part, shall communicate with the Commander of 
the Coast Guard district in which located indicating in such 
communication which facility is offered. Except in emergencies, an offer 
to the Coast Guard must be made on the prescribed form.

[CGFR 59-58, 24 FR 10717, Dec. 25, 1959]



Sec. 5.39  Acceptance of facilities.

    No vessel, aircraft or radio station shall be deemed loaned to the 
Coast Guard until an acceptance, on the prescribed form, has been signed 
on behalf of the Coast Guard by a person authorized by the Commandant to 
sign such acceptance and a complete inventory of consumable and 
expendable stores and equipment has been made and mutually settled by 
the owner and the representative of the Coast Guard.

[CGFR 59-58, 24 FR 10717, Dec. 25, 1959]



Sec. 5.41  Emergencies.

    In an emergency, as declared by the Commandant, the offer of a 
vessel, aircraft, or radio station may be made without the use of the 
prescribed form, and such facility may be accepted on behalf of the 
Coast Guard without the use of the acceptance section of the above form 
or the inventory last above mentioned.

[CGFR 59-58, 24 FR 10717, Dec. 25, 1959]



Sec. 5.43  Public vessels, aircraft, and radio stations.

    While assigned to Coast Guard duty as authorized herein:
    (a) Any motorboat or yacht shall be deemed to be a public vessel of 
the United States, and within the meaning of section 827 of title 14, 
U.S. Code, shall be deemed to be a vessel of the United States Coast 
Guard.
    (b) Any aircraft shall be deemed to be a vessel of the United States 
Coast Guard within the meaning of section 828 of title 14, U.S. Code, 
and shall be deemed to be a ``public aircraft'' within the meaning of 
the act of June 23, 1958 (72 Stat. 737; 49 U.S.C. 1301).
    (c) Any radio station shall be deemed to be a radio station of the 
United States Coast Guard and a ``Government station'' within the 
meaning of section 829, title 14, U.S. Code.

[CGFR 59-58, 24 FR 10717, Dec. 25, 1959]



Sec. 5.45  Return of facility.

    A vessel, aircraft, or radio station placed at the disposal of the 
Coast Guard for a specific period, shall be returned at the expiration 
of such period, unless circumstances or emergent need make the return 
impracticable at that time. The Commandant will determine the method, 
time, and documents to be exchanged upon the return to the owner of any 
facility. The property shall be reinventoried as of the time, date and 
place of redelivery, and mutually settled by the owner and the 
representative of the Coast Guard. Should

[[Page 56]]

the vessel have been accepted under emergent conditions, any claim for 
lost equipment or stores must be supported by invoices showing the date 
of purchase and the cost thereof by the person submitting claim 
therefor. The representative of the Coast Guard shall take all proper 
precautions to protect the interest of the owner as well as that of the 
United States.



Sec. 5.47  Auxiliary ensign.

    (a) The Coast Guard Auxiliary ensign is a distinguishing mark, 
authorized by the Secretary, and may be displayed by any vessel, 
aircraft, or radio station at such times and under such circumstances as 
may be authorized by the Commandant. The penalty for the unauthorized 
flying of any ensign, flag or pennant of the Auxiliary is set forth in 
Sec. 5.67 of this part.
    (b) The field of the Auxiliary ensign is medium blue (Coast Guard 
blue) with a broad diagonal white slash upon which a matching blue Coast 
Guard Auxiliary emblem is centered. The white slash shall be at a 70 
degree angle, rising away from the hoist.
    (c) The Auxiliary emblem consists of a disk with the shield of the 
Coat of Arms of the United States circumscribed by an annulet edged and 
inscribed ``U.S. COAST GUARD AUXILIARY'' all in front of two crossed 
anchors.

[CGD 85-073, 52 FR 36760, Oct. 1, 1987; 52 FR 37716, Oct. 8, 1987]



Sec. 5.48  Auxiliary Patrol Boat ensign.

    (a) The Coast Guard Auxiliary Patrol Boat ensign is authorized to be 
flown on all Auxiliary Operational Facility vessels under orders. The 
penalty for the unauthorized flying of any ensign, flag or pennant of 
the Auxiliary is set forth in Sec. 5.67 of this part.
    (b) The field of the Auxiliary Patrol Boat ensign is white. A medium 
blue (Coast Guard blue) Coast Guard Auxiliary emblem is centered on a 
broad diagonal red (Coast Guard red) slash which is at a 70 degree 
angle, rising toward the hoist. The red (Coast Guard red) slash is 
followed, away from the hoist, by two narrow, parallel stripes, first a 
white stripe and then a medium blue (Coast Guard blue) stripe. The 
entire design is centered on the ensign.

[CGD 85-073, 52 FR 36760, Oct. 1, 1987]



Sec. 5.49  Reimbursement for expenses.

    Any person whose facility has been offered to and accepted by the 
Coast Guard may be reimbursed for the actual necessary expenses of 
operating that facility, in accordance with applicable statutes and the 
procedures prescribed by the Commandant.

[USCG-2003-15404, 68 FR 37740, June 25, 2003]



Sec. 5.55  Compensation.

    No member of the Auxiliary shall receive any compensation for his 
services as a member of the Auxiliary.



Sec. 5.57  Traveling expenses and per diem.

    A member of the Auxiliary, when assigned to specific duties, may be 
paid actual necessary traveling expenses, including a per diem 
allowance, in conformity with Comptroller's Manual, U.S. Coast Guard.

[CGFR 49-46, 14 FR 7528, Dec. 16, 1949, as amended by CGFR 61-55, 26 FR 
10571, Dec. 28, 1961]



Sec. 5.59  Medical treatment and hospitalization.

    When any member of the Auxiliary is physically injured or dies as a 
result of physical injury incurred while performing patrol duty or any 
other specific duty to which he has been assigned, such member or his 
beneficiary shall be entitled to the same benefits as are now or as may 
hereafter be provided for temporary members of the Coast Guard Reserve 
who suffer physical injury or death resulting from physical injury 
incurred in line of duty. Members of the Auxiliary who contract sickness 
or disease while performing patrol duty or any other specific duty to 
which they have been assigned shall be entitled to the same hospital 
treatment as is afforded members of the Regular Coast Guard.



Sec. 5.61  Uniforms.

    Members of the Auxiliary may purchase from the Coast Guard at actual 
cost such uniforms as may be authorized by the Secretary. Such uniforms

[[Page 57]]

may be worn by members of the Auxiliary under such circumstances and 
upon such occasions as may be authorized by the Commandant.



Sec. 5.63  Insignia.

    Insignia, as authorized by the Secretary, may be purchased from the 
Coast Guard at actual cost and may be worn by members of the Auxiliary 
under such circumstances, at such places, and upon such occasions as may 
be prescribed by the Commandant.



Sec. 5.65  Medals.

    The Commandant may make awards, including medals, to members of the 
Auxiliary.



Sec. 5.69  Limitations of rights, privileges, and benefits.

    Section 893 of Title 14, U.S. Code, reads as follows:

    Members of the Auxiliary and temporary members of the Reserve shall 
be entitled only to such rights, privileges, and benefits as are 
specifically set forth for them in this title or as may be specifically 
provided for them in any other Act of Congress. Any Act of Congress 
which grants rights, privileges, or benefits generally to military 
personnel, or among others, to personnel of the Coast Guard and the 
Coast Guard Reserve, without specifically granting such rights, 
privileges, or benefits to members of the Auxiliary or temporary members 
of the Reserve, shall not be deemed applicable to members of the 
Auxiliary or to temporary members of the Reserve.

[CGFR 59-58, 24 FR 10718, Dec. 25, 1959]



PART 6_PROTECTION AND SECURITY OF VESSELS, HARBORS, AND WATERFRONT 
FACILITIES--Table of Contents




                        Subpart 6.01_Definitions

Sec.
6.01-1 Commandant.
6.01-2 District Commander.
6.01-3 Captain of the Port.
6.01-4 Waterfront facility.
6.01-5 Security zone.
6.01-6 Area Commander.

                     Subpart 6.04_General Provisions

6.04-1 Enforcement.
6.04-5 Preventing access of persons, articles or things to vessels, or 
          waterfront facilities.
6.04-6 Establishing security zones; prohibitions with respect thereto.
6.04-7 Visitation, search, and removal.
6.04-8 Possession and control of vessels.
6.04-11 Assistance of other agencies.

 Subpart 6.10_Identification and Exclusion of Persons From Vessels and 
                          Waterfront Facilities

6.10-1 Issuance of documents and employment of persons aboard vessels.
6.10-5 Access to vessels and waterfront facilities.
6.10-7 Identification credentials.
6.10-9 Appeals.

 Subpart 6.12_Supervision and Control of Explosives or Other Dangerous 
                                  Cargo

6.12-1 General supervision and control.
6.12-3 Approval of facility for dangerous cargo.

   Subpart 6.14_Security of Waterfront Facilities and Vessels in Port

6.14-1 Safety measures.
6.14-2 Condition of waterfront facility a danger to vessel.

              Subpart 6.16_Sabotage and Subversive Activity

6.16-1 Reporting of sabotage and subversive activity.
6.16-3 Precautions against sabotage.

                         Subpart 6.18_Penalties

6.18-1 Violations.

   Subpart 6.19_Responsibility for Security of Vessels and Waterfront 
                               Facilities

6.19-1 Primary responsibility.

    Authority: 40 Stat. 220, as amended; 50 U.S.C. 191.

    Source: E. O. 10173, 15 FR 7012, Oct. 20, 1950, unless otherwise 
noted.

    Cross Reference: For regulations implementing the general 
enforcement provisions contained in Subparts 6.01--Definitions and 
6.04--General Provisions, see part 125 of this chapter.



                        Subpart 6.01_Definitions



Sec. 6.01-1  Commandant.

    Commandant as used in this part, means the Commandant of the United 
States Coast Guard.

[[Page 58]]



Sec. 6.01-2  District Commander.

    District Commander as used in this part, means the officer of the 
Coast Guard designated by the Commandant to command a Coast Guard 
District.



Sec. 6.01-3  Captain of the Port.

    Captain of the Port as used in this part, means the officer of the 
Coast Guard, under the command of a District Commander, so designated by 
the Commandant for the purpose of giving immediate direction to Coast 
Guard law enforcement activities within his assigned area. In addition, 
the District Commander shall be Captain of the Port with respect to 
remaining areas in his District not assigned to officers designated by 
the Commandant as Captain of the Port.

[EO 11249, 30 FR 13001, Oct. 13, 1965]



Sec. 6.01-4  Waterfront facility.

    Waterfront facility. ``Waterfront facility,'' as used in this part, 
means all piers, wharves, docks, or similar structures to which vessels 
may be secured and naval yards, stations, and installations, including 
ranges; areas of land, water, or land and water under and in immediate 
proximity to them; buildings on them or contiguous to them and equipment 
and materials on or in them.

[EO 13143, 64 FR 68273, Dec. 6, 1999]



Sec. 6.01-5  Security zone.

    Security zone as used in this part, means all areas of land, water, 
or land and water, which are so designated by the Captain of the Port 
for such time as he deems necessary to prevent damage or injury to any 
vessel or waterfront facility, to safeguard ports, harbors, territories, 
or waters of the United States or to secure the observance of the rights 
and obligations of the United States.

[EO 11249, 30 FR 13001, Oct. 13, 1965]



Sec. 6.01-6  Area Commander.

    Area Commander, as used in this part, means the officer of the Coast 
Guard designated by the Commandant to command a Coast Guard Area.

[EO 13273, 67 FR 56215, Sept. 3, 2002]



                     Subpart 6.04_General Provisions



Sec. 6.04-1  Enforcement.

    (a) The rules and regulations in this part shall be enforced by the 
Captain of the Port under the supervision and general direction of the 
District Commander, Area Commander, and the Commandant. All authority 
and power vested in the Captain of the Port by the regulations in this 
part shall be deemed vested in and may be exercised by the District 
Commander, Area Commander, and the Commandant.
    (b) The rules and regulations in this part may be enforced by any 
other officer or petty officer of the Coast Guard designated by the 
District Commander, Area Commander, or the Commandant.
    (c) Any authority or power under this part vested in, delegated to, 
or exercised by a member of the Coast Guard shall be subject to the 
direction of the Secretary of the Department in which the Coast Guard is 
operating.

[EO 13273, 67 FR 56215, Sept. 3, 2002]



Sec. 6.04-5  Preventing access of persons, articles or things to 
vessels, or waterfront facilities.

    The Captain of the Port may prevent any person, article, or thing 
from boarding or being taken or placed on board any vessel or entering 
or being taken into or upon or placed in or upon any waterfront facility 
whenever it appears to him that such action is necessary in order to 
secure such vessel from damage or injury or to prevent damage or injury 
to any vessel, or waterfront facility or waters of the United States, or 
to secure the observances of rights and obligations of the United 
States.

[EO 11249, 30 FR 13001, Oct. 13, 1965]



Sec. 6.04-6  Establishing security zones; prohibitions with respect 
thereto.

    The Captain of a Port may establish security zones subject to the 
terms and conditions specified in Sec. 6.01-5. No person or vessel 
shall enter a security zone without the permission of the Captain of the 
Port. No person shall board or take or place any article or thing on 
board any vessel in a security zone without the permission of the 
Captain of the Port. No person shall

[[Page 59]]

take or place any article or thing upon any waterfront facility in any 
such zone without such permission.

[EO 11249, 30 FR 13001, Oct. 13, 1965]



Sec. 6.04-7  Visitation, search, and removal.

    The Captain of the Port may cause to be inspected and searched at 
any time any vessel, waterfront facility, or security zone, or any 
person, article, or thing thereon or therein, within the jurisdiction of 
the United States, may place guards upon any such vessel, waterfront 
facility, or security zone and may remove therefrom any and all persons, 
articles, or things not specifically authorized by him to go or remain 
thereon or therein.

[EO 11249, 30 FR 13002, Oct. 13, 1965]



Sec. 6.04-8  Possession and control of vessels.

    The Captain of the port may supervise and control the movement of 
any vessel and shall take full or partial possession or control of any 
vessel or any part thereof, within the territorial waters of the United 
States under his jurisdiction, whenever it appears to him that such 
action is necessary in order to secure such vessel from damage or 
injury, or to prevent damage or injury to any vessel or waterfront 
facility or waters of the United States, or to secure the observance of 
rights and obligations of the United States.



Sec. 6.04-11  Assistance of other agencies.

    The Captain of the port may enlist the aid and cooperation of 
Federal, State, county, municipal, and private agencies to assist in the 
enforcement of regulations issued pursuant to this part.



 Subpart 6.10_Identification and Exclusion of Persons From Vessels and 
                          Waterfront Facilities



Sec. 6.10-1  Issuance of documents and employment of persons aboard 
vessels.

    No person shall be issued a document required for employment on a 
merchant vessel of the United States nor shall any person be employed on 
a merchant vessel of the United States unless the Commandant is 
satisfied that the character and habits of life of such person are such 
as to authorize the belief that the presence of the individual on board 
would not be inimical to the security of the United States: Provided, 
That the Commandant may designate categories of merchant vessels to 
which the foregoing shall not apply.

[EO 10352, 17 FR 4624, May 21, 1952]



Sec. 6.10-5  Access to vessels and waterfront facilities.

    Any person on board any vessel or any person seeking access to any 
vessel or any waterfront facility within the jurisdiction of the United 
States may be required to carry identification credentials issued by or 
otherwise satisfactory to the Commandant. The Commandant may define and 
designate those categories of vessels and areas of the waterfront 
wherein such credentials are required.



Sec. 6.10-7  Identification credentials.

    The identification credential to be issued by the Commandant shall 
be known as the Coast Guard Port Security Card, and the form of such 
credential, and the conditions and the manner of its issuance shall be 
as prescribed by the Commandant after consultation with the Secretary of 
Labor. The Commandant shall not issue a Coast Guard Port Security Card 
unless he is satisfied that the character and habits of life of the 
applicant therefor are such as to authorize the belief that the presence 
of such individual on board a vessel or within a waterfront facility 
would not be inimical to the security of the United States. The 
Commandant shall revoke and require the surrender of a Coast Guard Port 
Security Card when he is no longer satisfied that the holder is entitled 
thereto. The Commandant may recognize for the same purpose such other 
credentials as he may designate in lieu of the Coast Guard Port Security 
Card.

[EO 10277, 16 FR 7541, Aug. 2, 1951]

[[Page 60]]



Sec. 6.10-9  Appeals.

    Persons who are refused employment or who are refused the issuance 
of documents or who are required to surrender such documents, under this 
subpart, shall have the right of appeal, and the Commandant shall 
appoint Boards for acting on such appeals. Each such Board shall, so far 
as practicable, be composed of one Coast Guard officer, one member drawn 
from management, and one member drawn from labor. The members drawn from 
management and labor shall, upon suitable security clearance, be 
nominated by the Secretary of Labor. Such members shall be deemed to be 
employees of the United States and shall be entitled to compensation 
under the provisions of section 15 of the act of August 2, 1946 (5 
U.S.C. 55a) while performing duties incident to such employment. The 
Board shall consider each appeal brought before it and, in recommending 
final action to the Commandant, shall insure the appellant all fairness 
consistent with the safeguarding of the national security.



 Subpart 6.12_Supervision and Control of Explosives or Other Dangerous 
                                  Cargo



Sec. 6.12-1  General supervision and control.

    The Captain of the Port may supervise and control the 
transportation, handling, loading, discharging, stowage, or storage of 
hazardous materials on board vessels as covered by the regulations in 49 
CFR parts 170-189, 46 CFR parts 150-156, 46 CFR parts 146-148 and the 
regulations governing tank vessels (46 CFR parts 30-39).

[CGD 77-228, 43 FR 53427, Nov. 16, 1978]



Sec. 6.12-3  Approval of facility for dangerous cargo.

    The Commandant may designate waterfront facilities for the handling 
and storage of, and for vessel loading and discharging, explosives, 
inflammable or combustible liquids in bulk, or other dangerous articles 
or cargo covered by the regulations referred to in Sec. 6.12-1, and may 
require the owners, operators, masters, and others concerned to secure 
permits for such handling, storage, loading, and unloading from the 
Captain of the Port, conditioned upon the fulfillment of such 
requirements for the safeguarding of such waterfront facilities and 
vessels as the Commandant may prescribe.



   Subpart 6.14_Security of Waterfront Facilities and Vessels in Port



Sec. 6.14-1  Safety measures.

    The Commandant, in order to achieve the purposes of this part, may 
prescribe such conditions and restrictions relating to the safety of 
waterfront facilities and vessels in port as he finds to be necessary 
under existing circumstances. Such conditions and restrictions may 
extend, but shall not be limited to, the inspection, operation, 
maintenance, guarding, and manning of, and fire-prevention measures for, 
such vessels and waterfront facilities.

[EO 10277, 16 FR 7541, Aug. 2, 1951]



Sec. 6.14-2  Condition of waterfront facility a danger to vessel.

    Whenever the captain of the port finds that the mooring of any 
vessel to a wharf, dock, pier, or other waterfront structure would 
endanger such vessel, or any other vessel, or the harbor or any facility 
therein by reason of conditions existing on or about such wharf, dock, 
pier, or other waterfront structure, including, but not limited to, 
inadequate guard service, insufficient lighting, fire hazards, 
inadequate fire protection, unsafe machinery, internal disturbance, or 
unsatisfactory operation, the captain of the port may prevent the 
mooring of any vessel to such wharf, dock, pier, or other waterfront 
structure until the unsatisfactory condition or conditions so found are 
corrected, and he may, for the same reasons, after any vessel has been 
moored, compel the shifting of such vessel from any such wharf, dock, 
pier, or other waterfront structure.

[EO 10277, 16 FR 7541, Aug. 2, 1951]

[[Page 61]]



              Subpart 6.16_Sabotage and Subversive Activity



Sec. 6.16-1  Reporting of sabotage and subversive activity.

    Evidence of sabotage or subversive activity involving or endangering 
any vessel, harbor, port, or waterfront facility shall be reported 
immediately to the Federal Bureau of Investigation and to the captain of 
the port, or to their respective representatives.



Sec. 6.16-3  Precautions against sabotage.

    The master, owner, agent, or operator of a vessel or waterfront 
facility shall take all necessary precautions to protect the vessel, 
waterfront facility, and cargo from sabotage.



                         Subpart 6.18_Penalties



Sec. 6.18-1  Violations.

    Section 2, Title II of the act of June 15, 1917, as amended, 50 
U.S.C. 192, provides as follows:

    If any owner, agent, master, officer, or person in charge, or any 
member of the crew of any such vessel fails to comply with any 
regulation or rule issued or order given under the provisions of this 
title, or obstructs or interferes with the exercise of any power 
conferred by this title, the vessel, together with her tackle, apparel, 
furniture, and equipment, shall be subject to seizure and forfeiture to 
the United States in the same manner as merchandise is forfeited for 
violation of the customs revenue laws; and the person guilty of such 
failure, obstruction, or interference shall be punished by imprisonment 
for not more than ten years and may, in the discretion of the court, be 
fined not more than $10,000.
    (a) If any other person knowingly fails to comply with any 
regulation or rule issued or order given under the provisions of this 
title, or knowingly obstructs or interferes with the exercise of any 
power conferred by this title, he shall be punished by imprisonment for 
not more than ten years and may, at the discretion of the court, be 
fined not more than $10,000.



   Subpart 6.19_Responsibility for Security of Vessels and Waterfront 
                               Facilities



Sec. 6.19-1  Primary responsibility.

    Nothing contained in this part shall be construed as relieving the 
masters, owners, operators, and agents of vessels or other waterfront 
facilities from their primary responsibility for the protection and 
security of such vessels or waterfront facilities.

[EO 10277, 16 FR 7541, Aug. 2, 1951]



PART 8_UNITED STATES COAST GUARD RESERVE--Table of Contents




Sec.
8.1 Functions of the Coast Guard Reserve.
8.3 Organization of the Coast Guard Reserve.
8.5 Regulations for the Coast Guard Reserve.
8.7 Information.

    Authority: 14 U.S.C. 633.

    Source: CGD 79-105, 48 FR 36449, Aug. 11, 1983, unless otherwise 
noted.



Sec. 8.1  Functions of the Coast Guard Reserve.

    (a) The Coast Guard Reserve is a component of the Coast Guard. The 
Coast Guard Reserve trains personnel for mobilization and for 
augmentation of the regular Coast Guard.
    (b) Members of the Coast Guard Reserve can be used for:
    1. Partial or full mobilization under 10 U.S.C. 12301;
    (2) Voluntary or involuntary call-up for emergency augmentation of 
the regular Coast Guard during time of serious natural or man-made 
disaster under 14 U.S.C. 712; and
    (3) Augmentation of the regular Coast Guard during active duty or 
inactive duty for training.
    (c) A member of the Reserve on active duty or inactive duty training 
has the same authority, rights, and privileges in the performance of 
that duty as a member of the regular Coast Guard of corresponding grade 
or rating.

[CGD 79-105, 48 FR 36449, Aug. 11, 1983, as amended by CGD 97-023, 62 FR 
33361, June 19, 1997]



Sec. 8.3  Organization of the Coast Guard Reserve.

    (a) The Coast Guard Reserve is organized, trained and equipped under 
the direction of the Commandant.
    (b) The Director of Reserve and Training is responsible for the 
overall

[[Page 62]]

administration and supervision of the Reserve.
    (c) In Atlantic Area, Integrated Support Commands have 
responsibility for local Reserve issues; however, in Pacific Area, 
responsibility for local Reserve issues remains with District 
Commanders.
    (d) Most Coast Guard Reservists are fully integrated into active 
duty Coast Guard units. There, Reservists perform the same duties and 
have the same responsibilities as their active duty counterparts. Their 
integrated work prepares Reservists to perform the duties of their 
mobilization assignments while at the same time providing assistance to 
the active service. Some Reservists are assigned to dedicated Reserve 
units where they train and mobilize in support of national defense 
operations.

[CGD 96-026, 61 FR 33662, June 28, 1996]



Sec. 8.5  Regulations for the Coast Guard Reserve.

    (a) Regulations for the Coast Guard Reserve are established by the 
Commandant.
    (b) Permanent regulations are published in Coast Guard publications 
and manuals and include the following:
    (1) Coast Guard Regulations.
    (2) Coast Guard Organization Manual.
    (3) Coast Guard Reserve Policy Manual.
    (4) Personnel Manual.
    (5) Recruiting Manual.
    (6) Military Justice Manual.
    (7) Comptroller Manual.
    (c) Temporary regulations and orders affecting Reservists are 
included in instructions or notices in the Coast Guard directives 
system.
    (d) Other regulations that affect the Reserve are located in 
Department of Defense and Department of the Navy regulations in Title 32 
of the Code of Federal Regulations.

[CGD 96-026, 61 FR 33662, June 28, 1996, as amended by CGD 97-023, 62 FR 
33362, June 19, 1997]



Sec. 8.7  Information.

    (a) Information concerning the Coast Guard Reserve may be obtained 
from Commandant (G-WTR), U.S. Coast Guard Headquarters, Washington, DC 
20593-0001.
    (b) Information and requirements for enlistment in the Coast Guard 
Reserve or concerning the procurement of officers for the Coast Guard 
Reserve can be obtained from the following offices:
    (1) Any Coast Guard Recruiting Office.
    (2) Coast Guard Recruiting Center, 4200 Wilson Boulevard, Suite 450, 
Arlington, VA 22203.

[CGD 96-026, 61 FR 33662, June 28, 1996]



PART 13_DECORATIONS, MEDALS, RIBBONS AND SIMILAR DEVICES--Table of 
Contents




  Subpart 13.01_Gold and Silver Lifesaving Medals, Bars, and Miniatures

Sec.
13.01-1 General.
13.01-5 Gold and Silver Lifesaving Medals.
13.01-10 Gold and silver bars.
13.01-15 Applications and recommendations.
13.01-20 Definitions.
13.01-25 Description of Gold Lifesaving Medal.
13.01-30 Description of Silver Lifesaving Medal.
13.01-35 Description of gold and silver bars.
13.01-40 Miniature medals and bars.
13.01-45 Replacement of medals and bars.

    Authority: Secs. 500, 633, 63 Stat. 536, 545, sec. 6(b)(1), 80 Stat. 
938; 14 U.S.C. 500, 633; 49 U.S.C. 1655(b); 49 CFR 1.4 (a)(2) and (f).

    Source: CGFR 68-134, 33 FR 18932, Dec. 19, 1968, unless otherwise 
noted.



  Subpart 13.01_Gold and Silver Lifesaving Medals, Bars, and Miniatures



Sec. 13.01-1  General.

    Lifesaving Medals of gold and silver, designated as the Gold 
Lifesaving Medal and the Silver Lifesaving Medal, respectively, may be 
awarded by the Commandant, U.S. Coast Guard, hereinafter called the 
Commandant, under 14 U.S.C. 500 and the regulations in this subpart to 
persons rescuing or endeavoring to rescue any other person from 
drowning, shipwreck or other peril of the water.



Sec. 13.01-5  Gold and Silver Lifesaving Medals.

    Lifesaving Medals may be awarded to any person who rescues or 
endeavors to

[[Page 63]]

rescue any other person from drowning, shipwreck or other peril of the 
water. In order for a person to be eligible for a Lifesaving Medal the 
rescue or attempted rescue must take place in waters within the United 
States or subject to the jurisdiction thereof, or if the rescue or 
attempted rescue takes place outside such waters, one or the other of 
the parties must be a citizen of the United States or from a vessel or 
aircraft owned or operated by citizens of the United States. If such 
rescue or attempted rescue is made at the risk of one's own life and 
evidences extreme and heroic daring, the medal shall be of gold. If such 
rescue or attempted rescue is not sufficiently distinguished to deserve 
the medal of gold but evidences the exercise of such signal exertion as 
to merit recognition, the medal shall be of silver. Lifesaving Medals 
may be awarded posthumously.



Sec. 13.01-10  Gold and silver bars.

    No person shall receive more than one Gold Lifesaving Medal and one 
Silver Lifesaving Medal; but any person who has received or may 
hereafter receive a Gold or Silver Lifesaving Medal and who again 
performs an act which would entitle him to receive another medal of the 
same class, may be awarded, in lieu of a second medal of the same class, 
a gold or silver bar, as the case may be, to be worn with the medal 
already bestowed, and for every such additional act, an additional bar 
may be awarded. Gold and silver bars may be awarded posthumously.



Sec. 13.01-15  Applications and recommendations.

    (a) All administrative details pertaining to the award of Lifesaving 
Medals are under the jurisdiction of the Commandant. Applications and 
recommendations for the award of a Lifesaving Medal may be filed by or 
in behalf of the person making or attempting a rescue under 
circumstances contemplated by the regulations in this subpart. 
Applications or recommendations for award of medals or requests for 
information pertaining thereto should be addressed to the Commander of 
the Coast Guard District, hereinafter called the District Commander, 
where the incident took place. (See part 3 of this subchapter for 
descriptions of Coast Guard Districts.) If the District is unknown, or 
if the incident took place outside any such district, applications and 
recommendations should be addressed to the Commandant, U.S. Coast Guard, 
Washington, D.C. 20593.
    (b) Completed applications must include:
    (1) Satisfactory evidence of the services performed, in the form of 
affidavits, made by eyewitnesses of good repute and standing testifying 
of their own knowledge. The opinion of witnesses that the person for 
whom an award is sought imperiled his or her own life or made signal 
exertions is not sufficient but the affidavits must set forth in detail 
all facts and occurrences tending to show clearly in what manner and to 
what extent life was risked or signal exertions made so that the 
Commandant may judge for himself as to the degree of merit involved.
    (2) The precise locality of the rescue or attempted rescue, whether 
from waters within the United States or subject to the jurisdiction 
thereof, or if the rescue or attempted rescue is outside such waters, 
whether one or the other of the parties is a citizen of the United 
States, or from a vessel or aircraft owned or operated by citizens of 
the United States, shall be stated. The date, time of day, nature of the 
weather, condition of the water, the names of all persons present when 
practicable, the names of all persons rendering assistance, and all 
pertinent circumstances and data, showing the precise nature and degree 
of risk involved, should be stated.
    (c) Recommendations must include:
    (1) As much of the information indicated in paragraphs (b) (1) and 
(2) of this section which is available to the person making the 
recommendation. Upon receipt the Commandant or the cognizant District 
Commander shall cause such recommendation to be referred to an 
investigating officer who shall cause to be developed such additional 
information and evidence as is deemed necessary to either (i) terminate 
the investigation as containing insufficient justification to continue

[[Page 64]]

further, or (ii) to complete the application for submission to the 
Commandant for his final determination.
    (d) Either the Commandant or the District Commander may, without any 
application or recommendation, of his own motion, order an informal 
investigation into such an incident under Chapter II, of the Coast Guard 
Supplement to the Manual for Courts-Martial (CG-241).
    (e) Affidavits required by this subpart shall be made before an 
officer duly authorized to administer oaths and if taken before an 
officer without an official seal, his official character must be 
certified by the proper officer of a court of record, under the seal 
thereof, unless the oath be taken before an officer of the Armed Forces 
authorized to administer oaths under the provisions of Article 136, UCMJ 
(10 U.S.C. 936).
    (f) Cognizant District Commanders shall act upon all applications 
and recommendations submitted to them from whatever source and shall:
    (1) Forward completed applications with his recommendations to the 
Commandant for his consideration and determination; or,
    (2) Inform the applicant or the person submitting the recommendation 
that he considers such application or recommendation incomplete together 
with the reasons therefor and that a period of 90 days will be allowed 
for additional evidence to be provided upon the expiration of which he 
will file the application or recommendation without further action.
    (g) Whenever the cognizant District Commander shall deem such action 
necessary, he may require that the aforementioned affidavits shall be 
accompanied by a certificate showing the affiants to be credible 
persons, certified by some U.S. Officer, such as a judge or clerk of a 
U.S. Court, district attorney, collector of customs, postmaster, or 
officer of the Armed Forces. If the affiant is a citizen or resident of 
a foreign country and if the affidavit is executed in such foreign 
country, the credibility certificate may be executed by an officer of 
such foreign country, who occupies an official position similar to the 
aforementioned U.S. officers.
    (h) The decision of the Commandant on all applications, 
recommendations, and investigations for the Gold or Silver Lifesaving 
Medals shall be final.



Sec. 13.01-20  Definitions.

    As used in the statutes cited and in the regulations in this 
subpart:
    (a) ``Peril of the water'' includes all perils on water caused by, 
or which are such by reason of, the sea or bodies of water such as 
lakes, bays, sounds and rivers; whenever, wherever and in whatever way 
human life is directly imperiled by the sea or a body of water is a 
peril of the water.
    (b) A ``shipwreck'' includes an incident threatening persons whose 
lives are endangered by perils of the water as well as those who are, 
strictly speaking, no longer in danger from the sea or a body of water, 
that peril already having passed, but who are in imminent danger and in 
great need of succor or rescue, as e.g., being adrift in an open boat or 
stranded on some barren coast where, without succor or rescue, they 
would die of starvation, thirst, or exposure.
    (c) ``Waters within the United States or subject to the jurisdiction 
thereof,'' embrace all waters within the United States, and any other 
waters over which the United States exercises jurisdiction.



Sec. 13.01-25  Description of Gold Lifesaving Medal.

    (a) The Gold Lifesaving Medal is 99.9 percent pure gold and consists 
of a pendant suspended by a swivel from the head of an eagle attached to 
a silk grogram ribbon 1 and \3/8\ths inches in width, composed of a \3/
16\ths of an inch red stripe, a \1/32\d of an inch white stripe, a \15/
16\ths of an inch gold stripe, a \1/32\d of an inch white stripe, and a 
\3/16\ths of an inch red stripe. The pendant is 1 and \7/16\ths inches 
in diameter and \3/32\ds of an inch in thickness. There appear, on the 
obverse side of the pendant, three men in a boat in a heavy sea; one is 
rescuing a person clinging to a spar at the end of which is a block and 
line; another is standing, prepared to heave a line; a third is rowing; 
in the distance, to the left, is the wreck of a vessel; the whole is 
encircled by the words: ``United States of America'', in

[[Page 65]]

the upper half, and ``Act of Congress, August 4, 1949'', in the lower 
half. On the reverse side of the pendant there appears, in the center a 
monument surmounted by an American eagle; the figure of a woman stands, 
to the left, holding in her left hand an oak wreath, and with her right 
hand, preparing to inscribe the name of the recipient on the monument; 
to the right are grouped a mast, a yard with a sail, an anchor, a 
sextant, and a laurel branch; the whole is encircled by the words: ``In 
testimony of heroic deeds in saving life from the perils of the water.''
    (b) Engraving: Before presentation, the recipient's name shall be 
inscribed on the ``monument'', on the reverse of the medal.



Sec. 13.01-30  Description of Silver Lifesaving Medal.

    (a) The Silver Lifesaving Medal is 99 percent pure silver and 
consists of a pendant suspended by a swivel from the head of an eagle 
attached to a silk grogram ribbon 1 and \3/8\ths inches in width, 
composed of a \3/16\ths of an inch blue stripe, a \1/32\d of an inch 
white stripe, a \15/16\ths of an inch silver gray stripe, a \1/32\d of 
an inch white stripe, and a \3/32\ds of an inch blue stripe. The pendant 
is 1 and \7/16\ths inches in diameter and \3/32\ds of an inch in 
thickness. On the obverse side of the pendant there appears the figure 
of a woman hovering over a man struggling in heavy sea and extending to 
him one end of a long scarf; the whole is encircled by the words: 
``United States of America'', in the upper half, and ``Act of Congress, 
August 4, 1949'', in the lower half. On the reverse there appears a 
laurel wreath encircled by the words: ``In testimony of heroic deeds in 
saving life from the perils of the water.''
    (b) Engraving: Before presentation, the recipient's name shall be 
inscribed inside the laurel wreath, on the reverse of the medal.



Sec. 13.01-35  Description of gold and silver bars.

    (a) The bar is plain and horizontal, composed of the same metal as 
the medal previously awarded recipient, and is 1 and \5/8\ths inches 
long by \3/16\ths of an inch wide with a flowing ribbon draped over the 
left end and passing in back and appearing beneath the bar. The part of 
the ribbon showing beneath the bar bears the inscription ``Act of 
Congress, August 4, 1949'', in raised block letters. The bar and ribbon 
are in folds of a spray of laurel with the leave showing above and 
beneath.
    (b) Engraving: Before presentation, the recipient's name shall be 
inscribed on the obverse of the bar.



Sec. 13.01-40  Miniature medals and bars.

    (a) Miniature Gold and Silver Lifesaving Medals and bars are 
replicas of the Lifesaving Medals and bars, to be worn on civilian 
clothing. Such miniatures are not furnished by the Government.
    (b) Miniature medals and bars may procured from sources authorized 
by the Commandant, U.S. Coast Guard, to furnish same to persons who 
produce original documentary evidence of having been awarded the medal 
or bar for which a miniature replica is desired.



Sec. 13.01-45  Replacement of medals and bars.

    The Gold or Silver Lifesaving Medal or bar will be replaced at cost 
to the applicant upon submitting a statement in affidavit form of having 
been awarded a medal or bar and the circumstances involving loss of 
same. A Lifesaving Medal or bar, however, may be replaced without charge 
in the discretion of the Commandant, if said medal or bar has, under 
extremely unusual circumstances, been lost, destroyed or rendered unfit 
for use without fault or neglect on the part of the person to whom it 
was awarded.



PART 17_UNITED STATES COAST GUARD GENERAL GIFT FUND--Table of Contents




                    Subpart 17.01_General Provisions

Sec.
17.01-1 Basis and purpose.
17.01-10 Authority to receive gifts.

                      Subpart 17.05_Administration

17.05-1 Gifts.
17.05-5 Acceptance and disbursement of gifts.
17.05-10 Instructions for administration.


[[Page 66]]


    Authority: Secs. 92, 633, 63 Stat. 503, as amended, 545, sec. 2601, 
70A Stat. 144; 14 U.S.C. 92, 633, 10 U.S.C. 2601; Treasury Dept. Order 
167-1, 18 FR 671.



                    Subpart 17.01_General Provisions



Sec. 17.01-1  Basis and purpose.

    In accordance with 10 U.S.C. 2601 (formerly the Act of March 11, 
1948, secs. 1, to 4, 62 Stat. 71, 72); and Treasury Department Order No. 
167-1, dated January 16, 1953 (18 FR 671), the regulations in this part 
are hereby prescribed to provide for the acceptance and subsequent use 
of gifts, devises, or bequests of property, real or personal, made on 
the condition that they be used for the benefit of, or in connection 
with, the establishment, operation, maintenance, or administration of 
any school, hospital, library, museum, chapel, or other institution or 
organization under the jurisdiction of the United States Coast Guard.

[CGFR 61-36, 26 FR 9321, Oct. 3, 1961]



Sec. 17.01-10  Authority to receive gifts.

    (a) The Commandant, United States Coast Guard, may accept, receive, 
hold, or administer gifts, devises, or bequests of property, real or 
personal, made on the condition that they be used for the benefit of, or 
in connection with, the establishment, operation, maintenance, or 
administration of any school, hospital, library, museum, chapel, or 
other institution or organization under the jurisdiction of the United 
States Coast Guard. The Commandant is authorized to pay all necessary 
fees, charges, and expenses in connection with the conveyance or 
transfer of any such gifts, devises, or bequests.
    (b) The Commandant may authorize or designate officers of the United 
States Coast Guard to accept gifts, devises, or bequests.

[CGFR 53-18, 18 FR 3171, June 3, 1953, as amended by CGFR 61-36, 26 FR 
9321, Oct. 3, 1961]



                      Subpart 17.05_Administration



Sec. 17.05-1  Gifts.

    The gifts or bequests may be in money or negotiable instrument form. 
If in the form of a money order, check, etc., it should be made payable 
to the Treasurer of the United States.

[CGFR 53-18, 18 FR 3171, June 3, 1953]



Sec. 17.05-5  Acceptance and disbursement of gifts.

    (a) The immediate receiving person shall give a proper receipt on 
the proper form used by the United States Coast Guard to acknowledge 
receipt of collections to the donor of a gift or bequest of money or for 
the proceeds from a sale of property received as a gift or devise.
    (b) Gifts or bequests of money, or the proceeds from sales of 
property received as gifts or devises shall be deposited in the Treasury 
of the United States under symbol and title ``20X8533--United States 
Coast Guard, General Gift Fund.'' Funds so deposited shall be subject to 
disbursement by or at the direction of the Commandant, United States 
Coast Guard, for the benefit or use of the designated school, hospital, 
library, museum, chapel, or other institution or organization under the 
jurisdiction of the United States Coast Guard subject to the terms of 
the particular gift, devise, or bequest.
    (c) 10 U.S.C. 2601(c) states that any gift, devise, or bequest of 
property, real or personal, accepted under these provisions shall be 
deemed to be a gift, devise, or bequest to or for the use of the United 
States for the purpose of Federal income, estate, and gift taxes.

[CGFR 53-18, 18 FR 3171, June 3, 1953, as amended by CGFR 61-36, 26 FR 
9321, Oct. 3, 1961]



Sec. 17.05-10  Instructions for administration.

    The Commandant, United States Coast Guard, will issue such detailed 
instructions as may be necessary for the administration of the ``United 
States Coast Guard General Gift Fund'' or for the acceptance, operation, 
or maintenance of property, real or personal, that may be accepted for 
the benefit of or in connection with any school, hospital, library, 
museum, chapel, or other institution or organization under the 
jurisdiction of the United States Coast Guard subject to

[[Page 67]]

the terms and conditions of any particular gift, devise, or bequest.

[CGFR 61-36, 26 FR 9321, Oct. 3, 1961]



PART 19_WAIVERS OF NAVIGATION AND VESSEL INSPECTION LAWS AND 
REGULATIONS \1\--Table of Contents



---------------------------------------------------------------------------

    \1\ Also codified as 46 CFR part 6.
---------------------------------------------------------------------------

Sec.
19.01 Procedures for effecting individual waivers of navigation and 
          vessel inspection laws and regulations.
19.04 Vessels requisitioned by the United States for emergency 
          evacuation.
19.06 Vessels operated by or chartered to Military Sealift Command.
19.07 Chronological record of seaman's previous employment.
19.15 Permits for commercial vessels handling explosives at military 
          installations.

    Authority: Sec. 1, 64 Stat. 1120, sec. 6(b)(1), 80 Stat. 937; 46 
U.S.C. note prec. 1, 49 U.S.C. 108; Department of Homeland Security 
Delegation No. 0170.1.



Sec. 19.01  Procedures for effecting individual waivers of navigation 
and vessel inspection laws and regulations.

    (a) It is hereby found necessary in the interest of national defense 
to waive compliance with the navigation and vessel inspection laws 
administered by the Coast Guard, as well as the regulations issued 
thereunder and contained in 46 CFR Chapter I or in this chapter, to the 
extent and in the manner and upon the terms and conditions as set forth 
in this section.
    (b) An application requesting that a waiver be made effective with 
respect to a particular vessel may be made by any authorized 
representative of an agency of the United States Government or any other 
interested person (including the master, agent, or owner of the vessel 
involved). Except as provided in paragraph (d) of this section, the 
application shall be in writing. The application shall be delivered to 
the Coast Guard District Commander or to his designated representative 
at the port or place where the vessel is located. In the case of a 
vessel in any port or place of the Canal Zone or in any foreign port or 
place, the application shall be made to the designated representative of 
the Commandant at such port or place, or if the Coast Guard has not 
established facilities in such port or place, to the nearest designated 
representative of the Commandant at a port or place where such 
facilities have been established. Every application shall contain a 
statement of the particular provisions of law with respect to which 
waiver of compliance is requested, a certification that the waiver of 
compliance with such laws with respect to the vessel involved is 
necessary in the interest of national defense and, an outline of the 
facts upon which such certification is based. The Coast Guard District 
Commander (or his designated representative or the designated 
representative of the Commandant, as the case may be) shall promptly 
examine every application for the purpose of determining whether the 
necessity for prompt action is such as to require that the waiver be 
made effective by him without reference to the Commandant. In any case 
in which it appears to the Coast Guard officer concerned that reference 
of the application to the Commandant for action would not delay the 
sailing of the vessel or otherwise be contrary to the interest of 
national defense, the application shall be so referred. In all other 
cases such Coast Guard officer shall give immediate consideration to the 
application and if he reaches the conclusion that the urgency of the 
situation outweighs the marine hazard involved, then such waiver shall 
be made effective in regard to such vessel to the extent and under the 
circumstances specified by him.
    (c) The Coast Guard officer making such a waiver effective pursuant 
to paragraph (b) of this section shall immediately prepare, in 
triplicate, an order setting forth the name of the vessel involved, the 
laws (also regulations, if any) with respect to which the waiver is 
effective, the extent to which compliance with such laws (also 
regulations, if any) is waived, and the period for which the waiver 
shall be effective. If practicable, one copy of this order shall be 
delivered to the master of the vessel involved before such vessel sails. 
In any case where the order is not delivered to the master, it shall be 
delivered to the owner, operator, or

[[Page 68]]

agent of the vessel without delay. One copy of the order shall be 
transmitted to the Commandant and the remaining copy kept on file.
    (d) In any case of extreme urgency the application for a waiver may 
be made orally and if the Coast Guard District Commander (or his 
designated representative or the designated representative of the 
Commandant, as the case may be) reaches the conclusion referred to in 
paragraph (b) of this section, the waiver shall be made effective 
without further delay, subject to the condition that the application be 
reduced to writing and delivered within such period after the date of 
the oral request as the Coast Guard officer making the waiver effective 
shall specify in the order.
    (e) No penalty shall be imposed because of failure to comply with 
any provision of law (or regulation, if any), the waiver of which has 
been made effective pursuant to the requirements in this section.

[CGFR 51-10, 16 FR 1959, Mar. 1, 1951]



Sec. 19.04  Vessels requisitioned by the United States for emergency 
evacuation.

    Pursuant to the request of the Acting Secretary of Defense, dated 
November 21, 1951, made under the provisions of section 1 of Pub. L. 
891, 81st Congress, approved December 27, 1950, compliance is hereby 
waived with the provisions of the navigation and vessel inspection laws 
administered by the United States Coast Guard, as well as the 
regulations issued thereunder and contained in this chapter, to the 
extent necessary to permit the operation of vessels which might be 
requisitioned by the United States for the purpose of emergency 
evacuation.

[CGFR 51-61, 16 FR 12792, Dec. 20, 1951]



Sec. 19.06  Vessels operated by or chartered to Military Sealift Command.

    (a) Pursuant to the request of the Deputy Secretary of Defense, 
dated August 6, 1958, and to the request of the Assistant Secretary of 
Defense, Installations and Logistics, dated May 23, 1964, made under the 
provisions of section 1 of Pub. L. 891, 81st Congress, approved December 
27, 1950 (64 Stat. 1120; 46 U.S.C., note preceding section 1), and their 
findings that a waiver is necessary in the interest of national defense, 
compliance with the provisions of the navigation and vessel inspection 
laws administered by the United States Coast Guard, as well as the 
regulations issued thereunder and contained in 33 CFR Chapter I, or in 
this chapter, is hereby waived to the extent and upon the terms and 
conditions as set forth in this section, in order to permit vessels 
operated by or chartered to the Military Sealift Command to carry out 
their assigned missions.
    (b) An application requesting that this waiver be made effective 
with respect to a particular vessel may be made by the Commander, 
Military Sealift Command, or any one of his duly designated 
representatives. Except as provided in paragraph (e) of this section, 
the application shall be in writing. The application shall be delivered 
to the Coast Guard District Commander or to his designated 
representative at the port or place where the vessel is located. In the 
case of a vessel in any foreign port or place, the application shall be 
made to the designated representative of the Commandant at such port or 
place, or if the Coast Guard has not established facilities in such port 
or place, to the nearest designated representative of the Commandant at 
a port or place where such facilities have been established, or to the 
Commandant (G-MOC), U.S. Coast Guard, Washington, DC 20593-0001. Every 
application shall:
    (1) Describe the laws and/or regulations by appropriate references 
and/or subjects with respect to which the waiver of compliance is 
desired;
    (2) Contain a certification that the waiver of compliance with such 
laws and/or regulations with respect to the vessel involved is necessary 
in the interest of national defense and is necessary for the Military 
Sealift Command to carry out an assigned mission;
    (3) The name and official number of the vessel involved (including 
the names of master, agent, and owner of the vessel involved); and
    (4) For how long the waiver is needed.
    (c) The Coast Guard officer making the waiver in paragraph (a) of 
this section effective for a particular vessel

[[Page 69]]

shall immediately prepare, in quadruplicate, an order setting forth:
    (1) The name and official number of the vessel involved;
    (2) The laws and/or regulations with respect to which the waiver is 
effective;
    (3) The extent to which compliance with such laws and/or regulations 
is waived; and
    (4) The period for which the waiver shall be effective.
    (d) If practicable, one copy of this waiver order shall be delivered 
to the master of the vessel involved before such vessel sails. In any 
case where the waiver order is not delivered to the master, it shall be 
delivered to the owner, operator, or agent of the vessel without delay. 
One copy of the waiver order shall be delivered to the Commander, 
Military Sealift Command, or his duly designated representative, who 
submitted the application. One copy of the waiver order shall be 
transmitted to the Commandant (G-MOC) and the remaining copy kept on 
file.
    (e) In any case of extreme urgency, the application for a waiver 
order may be made orally and if the Coast Guard District Commander (or 
his designated representative, or the designated representative of the 
Commandant, or the Commandant, as the case may be), determines that the 
conditions in this section have been met, the waiver order shall be made 
effective without further delay, subject to the condition that the 
application be reduced to writing and delivered within such period after 
the date of the oral request as the Coast Guard officer making the 
waiver effective shall specify in the confirming written waiver order.
    (f) No penalty shall be imposed because of failure to comply with 
any provision of law and/or regulation, the waiver of which has been 
made effective pursuant to the requirements of this section.
    (g) This waiver order shall remain in effect until terminated by 
proper authority and notice of cancellation is published in the Federal 
Register.

[CGFR 64-86, 30 FR 88, Jan. 6, 1965, as amended by CGD 88-052, 53 FR 
25119, July 1, 1988; CGD 96-026, 61 FR 33662, June 28, 1996; USCG-2004-
18057, 69 FR 34925, June 23, 2004]



Sec. 19.07  Chronological record of seaman's previous employment.

    (a) Compliance is hereby waived with regard to the provisions of 
subsection (h) of R.S. 4551, as amended (46 U.S.C. 643), to the extent 
necessary to permit the Commandant of the United States Coast Guard to 
issue a chronological record of a seaman's previous employment on a 
single document, in lieu of making individual entry in a duplicate 
continuous discharge book or furnishing individual certificates of 
discharge.
    (b) It is hereby found that the waiving of the provisions of R.S. 
4551(h), as amended (46 U.S.C. 643), is necessary in the interest of 
national defense.

[CGFR 51-9, 16 FR 1829, Feb. 27, 1951, as amended by CGFR 59-4a, 24 FR 
3055, Apr. 21, 1959]

    Cross Reference: See 49 CFR 7.93 for the fee for this record.



Sec. 19.15  Permits for commercial vessels handling explosives at 
military installations.

    Pursuant to the request of the Secretary of Defense in a letter 
dated October 19, 1955, made under the provisions of section 1 of the 
act of December 27, 1950 (64 Stat. 1120; 46 U.S.C., note prec. 1), I 
hereby waive in the interest of national defense compliance with the 
provisions of R.S. 4472, as amended (46 U.S.C. 170), and the regulations 
promulgated thereunder in part 146 of this chapter to the extent that no 
quantitative restrictions, based on considerations of isolation and 
remoteness, shall be required by the Coast Guard for commercial vessels 
loading or unloading explosives at the Department of Defense waterfront 
installations. This waiver shall not relieve a commercial vessel loading 
or unloading explosives at the Department of Defense waterfront 
installations from the requirement of securing a permit from the Coast 
Guard for such operations with respect to quantitative or other 
restrictions imposed by the Coast Guard on the basis of each vessel's 
ability to meet prescribed stowage and handling requirements.

[CGFR 55-49, 20 FR 8638, Nov. 23, 1955]

[[Page 70]]



PART 20_RULES OF PRACTICE, PROCEDURE, AND EVIDENCE FOR FORMAL 
ADMINISTRATIVE PROCEEDINGS OF THE COAST GUARD--Table of Contents




                            Subpart A_General

Sec.
20.101 Scope.
20.102 Definitions.
20.103 Construction and waiver of rules.

                   Subpart B_Administrative Law Judges

20.201 Assignment.
20.202 Powers.
20.203 Unavailability.
20.204 Withdrawal or disqualification.
20.205 Ex parte communications.
20.206 Separation of functions.

                     Subpart C_Pleadings and Motions

20.301 Representation.
20.302 Filing of documents and other materials.
20.303 Form and content of filed documents.
20.304 Service of documents.
20.305 Amendment or supplementation of filed documents.
20.306 Computation of time.
20.307 Complaints.
20.308 Answers.
20.309 Motions.
20.310 Default by respondent.
20.311 Withdrawal or dismissal.

                          Subpart D_Proceedings

20.401 Initiation of administrative proceedings.
20.402 Public notice.
20.403 Consolidation and severance.
20.404 Interested persons.

                  Subpart E_Conferences and Settlements

20.501 Conferences.
20.502 Settlements.

                           Subpart F_Discovery

20.601 General.
20.602 Amendatory or supplementary responses.
20.603 Interrogatories.
20.604 Requests for production of documents or things, for inspection or 
          other purposes.
20.605 Depositions.
20.606 Protective orders.
20.607 Sanctions for failure to comply.
20.608 Subpoenas.
20.609 Motions to quash or modify.

                           Subpart G_Hearings

20.701 Standard of proof.
20.702 Burden of proof.
20.703 Presumptions.
20.704 Scheduling and notice of hearings.
20.705 Failure to appear.
20.706 Witnesses.
20.707 Telephonic testimony.
20.708 Witnesses' fees.
20.709 Closing of the record.
20.710 Proposed findings, closing arguments, and briefs.

                           Subpart H_Evidence

20.801 General.
20.802 Admissibility of evidence.
20.803 Hearsay evidence.
20.804 Objections and offers of proof.
20.805 Proprietary information.
20.806 Official notice.
20.807 Exhibits and documents.
20.808 Written testimony.
20.809 Stipulations.

                           Subpart I_Decisions

20.901 Summary decisions.
20.902 Decisions of the ALJ.
20.903 Records of proceedings.
20.904 Reopening.

                            Subpart J_Appeals

20.1001 General.
20.1002 Records on appeal.
20.1003 Procedures for appeal.
20.1004 Decisions on appeal.

  Subpart K_Finality, Petitions for Hearing, and Availability of Orders

20.1101 Finality.
20.1102 Petitions to set aside decisions and provide hearings for civil 
          penalty proceedings.
20.1103 Availability of decisions.

                      Subpart L_Expedited Hearings

20.1201 Application.
20.1202 Filing of pleadings.
20.1203 Commencement of expedited hearings.
20.1205 Motion for return of temporarily suspended license, certificate 
          of registry, or document.
20.1206 Discontinuance of expedited hearings.
20.1207 Pre-hearing conferences.
20.1208 Expedited hearings.

[[Page 71]]

20.1209 Appeals of ALJ's decisions.

Subpart M_Supplementary Evidentiary Rules for Suspension and Revocation 
                                Hearings

20.1301 Purpose.
20.1303 Authentication and certification of extracts from shipping 
          articles, logbooks, and the like.
20.1305 Admissibility and weight of entries from logbooks.
20.1307 Use of judgments of conviction.
20.1309 Admissibility of respondents' criminal records and records with 
          the Coast Guard before entry of findings and conclusions.
20.1311 Admissions by respondent.
20.1313 Medical examination of respondents.
20.1315 Submission of prior records and evidence in aggravation or 
          mitigation.

    Authority: 33 U.S.C. 1321; 42 U.S.C. 9609; 46 U.S.C. 7701, 7702; 49 
CFR 1.46.

    Source: CGD 98-3472, 64 FR 28062, May 24, 1999, unless otherwise 
noted.



                            Subpart A_General



Sec. 20.101  Scope.

    Except as otherwise noted, the rules of practice, procedure, and 
evidence in this part apply to the following subjects of administrative 
proceedings before the United States Coast Guard:
    (a) Class II civil penalties assessed under subsection 311(b) of the 
Federal Water Pollution Control Act (33 U.S.C. 1321(b)(6)).
    (b) Class II civil penalties assessed under section 109 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(42 U.S.C. 9609(b)).
    (c) Suspensions and revocations conducted under 46 U.S.C. Chapter 
77.



Sec. 20.102  Definitions.

    Administrative Law Judge or ALJ means any person designated by the 
Commandant under paragraph 556(b)(3) of the Administrative Procedure Act 
(APA) (5 U.S.C. 556(b)(3)) to conduct hearings arising under 33 U.S.C. 
1321(b); 42 U.S.C. 9609(b); or 46 U.S.C. Chapter 77.
    Chief Administrative Law Judge or Chief ALJ means the Administrative 
Law Judge appointed as the Chief Administrative Law Judge of the Coast 
Guard by the Commandant.
    Class II Civil penalty proceeding means a trial-type proceeding for 
the assessment of a civil penalty that affords an opportunity for an 
oral, fact-finding hearing before an ALJ.
    Coast Guard Representative means an official of the Coast Guard 
designated to prosecute an administrative proceeding.
    Commandant means the Commandant of the Coast Guard. It includes the 
Vice-Commandant of the Coast Guard acting on behalf of the Commandant in 
any matter.
    Complaint means a document issued by a Coast Guard representative 
alleging a violation for which a penalty may be administratively 
assessed under 33 U.S.C. 1321(b) or 42 U.S.C. 9609(b), or a merchant 
mariner's license, certificate of registry, or document suspended or 
revoked under 46 U.S.C. 7703 or 7704.
    Hearing Docket Clerk means an employee of the Office of the Chief 
ALJ who is responsible for receiving documents, determining their 
completeness and legibility, and distributing them to ALJs and others, 
as required by this part.
    Interested person means a person who, as allowed in Sec. 20.404, 
files written comments on a proposed assessment of a class II civil 
penalty or files written notice of intent to present evidence in any 
such hearing held on the proposed assessment.
    Mail means first-class, certified, or registered matter sent by the 
Postal Service, or matter sent by an express-courier service.
    Motion means a request for an order or ruling from an ALJ.
    Party means a respondent or the Coast Guard.
    Person means an individual, a partnership, a corporation, an 
association, a public or private organization, or a governmental agency.
    Personal delivery means delivery by hand or in person, or through 
use of a contract service or an express-courier service. It does not 
include use of governmental interoffice mail.
    Pleading means a complaint, an answer, and any amendment to such 
document permitted under this part.
    Respondent means a person charged with a violation in a complaint 
issued under this part.

[[Page 72]]

    Suspension and revocation proceeding or S&R proceeding means a 
trial-type proceeding for the suspension or revocation of a merchant 
mariner's license, certificate of registry, or document issued by the 
Coast Guard that affords an opportunity for an oral, fact-finding 
hearing before an ALJ.



Sec. 20.103  Construction and waiver of rules.

    (a) Each person with a duty to construe the rules in this part in an 
administrative proceeding shall construe them so as to secure a just, 
speedy, and inexpensive determination.
    (b) Except to the extent that a waiver would be contrary to law, the 
Commandant, the Chief ALJ, or a presiding ALJ may, after notice, waive 
any of the rules in this part either to prevent undue hardship or 
manifest injustice or to secure a just, speedy, and inexpensive 
determination.
    (c) Absent a specific provision in this part, the Federal Rules of 
Civil Procedure control.



                   Subpart B_Administrative Law Judges



Sec. 20.201  Assignment.

    An ALJ, assigned by the Chief ALJ after receipt of the complaint, 
shall preside over each administrative proceeding under this part.



Sec. 20.202  Powers.

    The ALJ shall have all powers necessary to the conduct of fair, 
fast, and impartial hearings, including the powers to--
    (a) Administer oaths and affirmations;
    (b) Issue subpoenas authorized by law;
    (c) Rule on motions;
    (d) Order discovery as provided for in this part;
    (e) Hold hearings or settlement conferences;
    (f) Regulate the course of hearings;
    (g) Call and question witnesses;
    (h) Issue decisions;
    (i) Exclude any person from a hearing or conference for disrespect, 
or disorderly or rebellious conduct; and
    (j) Institute policy authorized by the Chief ALJ.



Sec. 20.203  Unavailability.

    (a) If an ALJ cannot perform the duties described in Sec. 20.202 or 
otherwise becomes unavailable, the Chief ALJ shall designate a 
successor.
    (b) If a hearing has commenced and the assigned ALJ cannot proceed 
with it, a successor ALJ may. The successor ALJ may, at the request of a 
party, recall any witness whose testimony is material and disputed, and 
who is available to testify again without undue burden. The successor 
ALJ may, within his or her discretion, recall any other witness.



Sec. 20.204  Withdrawal or disqualification.

    (a) An ALJ may disqualify herself or himself at any time.
    (b) Until the filing of the ALJ's decision, either party may move 
that the ALJ disqualify herself or himself for personal bias or other 
valid cause. The party shall file with the ALJ, promptly upon discovery 
of the facts or other reasons allegedly constituting cause, an affidavit 
setting forth in detail the reasons.
    (1) The ALJ shall rule upon the motion, stating the grounds for the 
ruling. If the ALJ concludes that the motion is timely and meritorious, 
she or he shall disqualify herself or himself and withdraw from the 
proceeding. If the ALJ does not disqualify herself or himself and 
withdraw from the proceeding, the ALJ shall carry on with the 
proceeding, or, if a hearing has concluded, issue a decision.
    (2) If an ALJ denies a motion to disqualify herself or himself, the 
moving party may, according to the procedures in subpart J of this part, 
appeal to the Commandant once the hearing has concluded. When that party 
does appeal, the ALJ shall forward the motion, the affidavit, and 
supporting evidence to the Commandant along with the ruling.



Sec. 20.205  Ex parte communications.

    Ex parte communications are governed by subsection 557(d) of the 
Administrative Procedure Act (5 U.S.C. 557(d)).

[[Page 73]]



Sec. 20.206  Separation of functions.

    (a) No ALJ may be responsible to, or supervised or directed by, an 
officer, employee, or agent who investigates for or represents the Coast 
Guard.
    (b) No officer, employee, or agent of the Coast Guard who 
investigates for or represents the Coast Guard in connection with any 
administrative proceeding may, in that proceeding or one factually 
related, participate or advise in the decision of the ALJ or of the 
Commandant in an appeal, except as a witness or counsel in the 
proceeding or the appeal.



                     Subpart C_Pleadings and Motions



Sec. 20.301  Representation.

    (a) A party may appear--
    (1) Without counsel;
    (2) With an attorney; or
    (3) With other duly authorized representative.
    (b) Any attorney, or any other duly authorized representative, shall 
file a notice of appearance. The notice must indicate--
    (1) The name of the case, including docket number if assigned;
    (2) The person on whose behalf the appearance is made; and
    (3) The person's and the representative's mailing addresses and 
telephone numbers.
    (c) Any attorney or other duly authorized representative shall also 
file a notice, including the items listed in paragraph (a) of this 
section, for any withdrawal of appearance.
    (d) Any attorney shall be a member in good standing of the bar of 
the highest court of a State, the District of Columbia, or any territory 
or commonwealth of the United States. A personal representation of 
membership is sufficient proof, unless the ALJ orders more evidence.
    (e) Any person who would act as a duly authorized representative and 
who is not an attorney shall file a statement setting forth the basis of 
his or her authority to so act. The ALJ may deny appearance as 
representative to any person who, the ALJ finds, lacks the requisite 
character, integrity, or proper personal conduct.



Sec. 20.302  Filing of documents and other materials.

    (a) The proper address at which to file all documents and other 
materials relating to an administrative proceeding is: U.S. Coast Guard 
Administrative Law Judge Docketing Center; Attention: Hearing Docket 
Clerk; Room 412; 40 S. Gay Street; Baltimore, MD 21201-4022.
    (b) The telephone number is: 410-962-5100.
    (c) The fax number is: 410-962-1746.
    (d) The appropriate party shall file with the Hearing Docket Clerk 
an executed original of each document (including any exhibit and 
supporting affidavit).
    (e) A party may file by mail or personal delivery. The ALJ or the 
Hearing Docket Clerk may permit other methods, such as fax or other 
electronic means.
    (f) When the Hearing Docket Clerk determines that a document, or 
other material, offered for filing does not comply with requirements of 
this part, the Clerk will accept it, and may advise the person offering 
it of the defect, and require that person to correct the defect. If the 
defect is failure to serve copies on other parties, the parties' 
response period begins when properly served.



Sec. 20.303  Form and content of filed documents.

    (a) Each filed document must clearly--
    (1) State the title of the case;
    (2) State the docket number of the case, if one has been assigned;
    (3) Designate the type of filing (for instance: petition, notice, or 
motion to dismiss);
    (4) Identify the filing party by name and capacity acted in; and
    (5) State the address, telephone number, and any fax number of the 
filing party and, if that party is represented, the name, address, 
telephone number, and any fax number of the representative.
    (b) Each filed document must--
    (1) Measure 8\1/2\ by 11 inches, except that a table, chart, or 
other attachment may be larger if folded to the size of the filed 
document to which it is physically attached;

[[Page 74]]

    (2) Be printed on just one side of the page and be clearly 
typewritten, printed, or otherwise reproduced by a process that yields 
legible and permanent copies;
    (3) Be double-spaced except for footnotes and long quotations, which 
may be single-spaced;
    (4) Have a left margin of at least 1\1/2\ inches and other margins 
of at least 1 inch; and
    (5) Be bound on the left side, if bound.
    (c) Each filed document must be in English or, if in another 
language, accompanied by a certified translation. The original of each 
filed document must be signed by the filing party or her or his 
representative. Unless the rules in this part or the ALJ requires it to 
be verified or accompanied by an affidavit, no filed document need be. 
The signature constitutes a certification by the signer that she or he 
has read the document; that, to the best of her or his knowledge, 
information, and belief, the statements made in it are true; and that 
she or he does not intend it to cause delay.
    (d) Complaints, answers, and simple motions may employ forms 
approved for use in proceedings of the Coast Guard instead of the format 
set out in this section.



Sec. 20.304  Service of documents.

    (a) The ALJ shall serve upon each party to the proceeding a copy of 
each document issued by the ALJ in it. The ALJ shall serve upon each 
interested person, as determined under Sec. 20.404, a copy of the 
notice of hearing. Unless this part provides otherwise, the ALJ shall 
upon request furnish to each such interested person a copy of each 
document filed with the Hearing Docket Clerk or issued by the ALJ.
    (b) Unless the ALJ orders otherwise, each person filing a document 
with the Hearing Docket Clerk shall serve upon each party a copy of it.
    (c) If a party filing a document must serve a copy of it upon each 
party, each copy must bear a certificate of service, signed by or on 
behalf of the filing party, stating that she or he has so served it. The 
certificate shall be in substantially the following form:

    I hereby certify that I have served the foregoing document[s] upon 
the following parties (or their designated representatives) to this 
proceeding at the addresses indicated by [specify the method]:

(1) [name, address of party]
(2) [name, address of party]
    Done at --------------------, this -------- day of ------------, 
19---- or 20----.
[Signature]

For

[Capacity].

    (d) This table describes how to serve filed documents.

              Table 20.304(D)--How To Serve Filed Documents
------------------------------------------------------------------------
                                                Acceptable methods of
          Type of filed document                       service
------------------------------------------------------------------------
(1) Complaint.............................  (i) Certified mail, return
                                             receipt requested.
                                            (ii) Personal delivery.
                                            (iii) Express-courier
                                             service that has receipt
                                             capability.
(2) Default Motion........................  (i) Certified mail, return
                                             receipt requested.
                                            (ii) Personal delivery.
                                            (iii) Express-courier
                                             service that has receipt
                                             capability.
(3) Answer................................  (i) Mail.
                                            (ii) Personal delivery.
                                            (iii) Express-courier
                                             service.
                                            (iv) Fax.
(4) Any other filed document..............  (i) Mail.
                                            (ii) Personal delivery.
                                            (iii) Express-courier
                                             service.
                                            (iv) Fax.
                                            (v) Other electronic means
                                             (at the discretion of the
                                             ALJ).
------------------------------------------------------------------------

    (e)(1) Unless the ALJ orders otherwise, if a party files a document 
under Sec. 20.302, the party must serve a copy to the person indicated 
in this table.

                             Table 20.304(e)--Who Receives Copies of Filed Documents
----------------------------------------------------------------------------------------------------------------
                If a party--                                 Then the serving party must serve--
----------------------------------------------------------------------------------------------------------------
Is represented.............................  The counsel or other representative.
Is not represented.........................  The party.
----------------------------------------------------------------------------------------------------------------


[[Page 75]]

    (2) Service upon counsel or representative constitutes service upon 
the person to be served.
    (f) The serving party must send service copies to the address 
indicated in this table.

              Table 20.304(f)--Where To Send Service Copies
------------------------------------------------------------------------
                                           Then the serving party must
             If the party--                    send the copies to--
------------------------------------------------------------------------
Is represented.........................  The address of the counsel or
                                          representative.
Is not represented.....................  The last known address of the
                                          residence or principal place
                                          of business of the person to
                                          be served.
------------------------------------------------------------------------

    (g) This table describes when service of a filed document is 
complete.

                Table 20.304(g)--When Service Is Complete
------------------------------------------------------------------------
If method of service used is--     Then service is complete when the
                                             document is--
------------------------------------------------------------------------
(1) Personal delivery          (i) Handed to the person to be served.
 (Complaint or Default         (ii) Delivered to the person's office
 Motion).                       during business hours.
                               (iii) Delivered to the person's residence
                                and service made to a person of suitable
                                age and discretion residing at the
                                individual's residence.
(2) Personal delivery (all     (i) Handed to the person to be served.
 other filed documents).       (ii) Delivered to the person's office
                                during business hours.
                               (iii) Delivered to the person's residence
                                and deposited in a conspicuous place.
(3) Certified Mail or express- (i) Delivered to the person's residence
 courier (Complaint or          and signed for by a person of suitable
 Default Motion).               age and discretion residing at the
                                individual's residence.
                               (ii) Delivered to the person's office
                                during business hours and signed for by
                                a person of suitable age and discretion.
(4) Mail or express-courier    (i) Mailed (postmarked).
 service (all other filed      (ii) Deposited with express-courier
 documents).                    service.
(5) Fax or other electronic    Transmitted.
 means.
------------------------------------------------------------------------

    (h) If a person refuses to accept delivery of any document or fails 
to claim a properly addressed document other than a complaint sent under 
this subpart, the Coast Guard considers the document served anyway. 
Service is valid at the date and the time of mailing, of deposit with a 
contract service or express-courier service, or of refusal to accept 
delivery.

[CGD 98-3472, 64 FR 28062, May 24, 1999; 64 FR 34540, June 28, 1999, as 
amended by USCG-2000-7223, 65 FR 40054, June 29, 2000]



Sec. 20.305  Amendment or supplementation of filed documents.

    (a) Each party or interested person shall amend or supplement a 
previously filed pleading or other document if she or he learns of a 
material change that may affect the outcome of the administrative 
proceeding. However, no amendment or supplement may broaden the issues 
without an opportunity for any other party or interested person both to 
reply to it and to prepare for the broadened issues.
    (b) The ALJ may allow other amendments or supplements to previously 
filed pleadings or other documents.
    (c) Each party or interested person shall notify the Hearing Docket 
Clerk, the ALJ, and every other party or interested person, or her or 
his representative, of any change of address.



Sec. 20.306  Computation of time.

    (a) We compute time periods as follows:
    (1) We do not include the first day of the period.
    (2) If the last day of the period is a Saturday, Sunday, or Federal 
holiday, we extend the period to the next business day.
    (3) If the period is 7 days or less, we do not include Saturdays, 
Sundays, or Federal holidays.
    (b) If you were served a document (by domestic mail) that requires 
or permits a response, you may add 3 days to any period for response.
    (c) If you need additional time to file a response, follow the rules 
in these tables.

[[Page 76]]

    (1) You may request an extension--

             Table 20.306(c)(1)--How to Request an Extension
------------------------------------------------------------------------
        If the response period--                       By--
------------------------------------------------------------------------
Has not expired........................  Telephone, letter, or motion.
Has expired............................  Only by motion describing why
                                          the failure to file was
                                          excusable.
------------------------------------------------------------------------

    (2) You file your request as follows:

         Table 20.306(c)(2)--Where to File an Extension Request
------------------------------------------------------------------------
                                         Then you file your request with
                  If--                                the--
------------------------------------------------------------------------
An ALJ has not been assigned...........  Hearing Docket Clerk.
An ALJ has been assigned...............  ALJ.
Your case is on appeal.................  Hearing Docket Clerk.
------------------------------------------------------------------------



Sec. 20.307  Complaints.

    (a) The complaint must set forth--
    (1) The type of case;
    (2) The statute or rule allegedly violated;
    (3) The pertinent facts alleged; and
    (4)(i) The amount of the class II civil penalty sought; or
    (ii) The order of suspension or revocation proposed.
    (b) The Coast Guard shall propose a place of hearing when filing the 
complaint.
    (c) The complaint must conform to the requirements of this subpart 
for filing and service.



Sec. 20.308  Answers.

    (a) The respondent shall file a written answer to the complaint 20 
days or less after service of the complaint. The answer must conform to 
the requirements of this subpart for filing and service.
    (b) The person filing the answer shall, in the answer, either agree 
to the place of hearing proposed in the complaint or propose an 
alternative.
    (c) Each answer must state whether the respondent intends to contest 
any of the allegations set forth in the complaint. It must include any 
affirmative defenses that the respondent intends to assert at the 
hearing. The answer must admit or deny each numbered paragraph of the 
complaint. If it states that the respondent lacks sufficient knowledge 
or information to admit or deny a particular numbered paragraph, it 
denies that paragraph. If it does not specifically deny a particular 
numbered paragraph, it admits that paragraph.
    (d) A respondent's failure without good cause to file an answer 
admits each allegation made in the complaint.



Sec. 20.309  Motions.

    (a) A person may apply for an order or ruling not specifically 
provided for in this subpart, but shall apply for it by motion. Each 
written motion must comply with the requirements of this subpart for 
form, filing, and service. Each motion must state clearly and 
concisely--
    (1) Its purpose, and the relief sought;
    (2) Any statutory or regulatory authority; and
    (3) The facts constituting the grounds for the relief sought.
    (b) A proposed order may accompany a motion.
    (c) Each motion must be in writing; except that one made at a 
hearing will be sufficient if stated orally upon the record, unless the 
ALJ directs that it be reduced to writing.
    (d) Except as otherwise required by this part, a party shall file 
any response to a written motion 10 days or less after service of the 
motion. When a party makes a motion at a hearing, an oral response to 
the motion made at the hearing is timely.
    (e) Unless the ALJ orders otherwise, the filing of a motion does not 
stay a proceeding.
    (f) The ALJ will rule on the record either orally or in writing. She 
or he

[[Page 77]]

may summarily deny any dilatory, repetitive, or frivolous motion.



Sec. 20.310  Default by respondent.

    (a) The ALJ may find a respondent in default upon failure to file a 
timely answer to the complaint or, after motion, upon failure to appear 
at a conference or hearing without good cause shown.
    (b) Each motion for default must conform to the rules of form, 
service, and filing of this subpart. Each motion must include a proposed 
decision and proof of service under section 20.304(d). The respondent 
alleged to be in default shall file a reply to the motion 20 days or 
less after service of the motion.
    (c) Default by respondent constitutes, for purposes of the pending 
action only, an admission of all facts alleged in the complaint and a 
waiver of her or his right to a hearing on those facts.
    (d) Upon finding a respondent in default, the ALJ shall issue a 
decision against her or him.
    (e) For good cause shown, the ALJ may set aside a finding of 
default.



Sec. 20.311  Withdrawal or dismissal.

    (a) An administrative proceeding may end in withdrawal without any 
act by an ALJ in any of the following ways:
    (1) By the filing of a stipulation by all parties who have appeared 
in the proceeding.
    (2) By the filing of a notice of withdrawal by the Coast Guard 
representative at any time before the respondent has served a responsive 
pleading.
    (3) With respect to a complaint filed under section 311(b)(6) of the 
Federal Water Pollution Control Act (33 U.S.C. 1321(b)(6)) or section 
109(d) of the Comprehensive Environmental Response, Compensation and 
Liability Act (42 U.S.C. 9609(b)), by the filing of--
    (i) A notice of withdrawal by the Coast Guard representative at any 
time after the respondent has served a responsive pleading, but before 
the issuance of an order assessing or denying a class II civil penalty, 
together with
    (ii) A certification by the representative that the filing of the 
notice is due to a request by the Attorney General--in accordance with 
subsection 10(d) of Executive Order 12777 (56 FR 54757; 3 CFR, 1991 
Comp., p. 351)--that the Coast Guard refrain from conducting an 
administrative proceeding.
    (b) Unless the stipulation or notice of withdrawal states otherwise, 
a withdrawal under paragraph (a) of this section is without prejudice.
    (c) Except as provided in paragraph (a) of this section, no 
administrative proceeding may end in withdrawal unless approved by an 
ALJ upon such terms as she or he deems proper.
    (d) Any respondent may move to dismiss a complaint, the government 
may move to dismiss a petition, or any party may lodge a request for 
relief, for failure of another party to--
    (1) Comply with the requirements of this part or with any order of 
the ALJ;
    (2) Show a right to relief based upon the facts or law; or
    (3) Prosecute the proceeding.
    (e) A dismissal resides within the discretion of the ALJ.



                          Subpart D_Proceedings



Sec. 20.401  Initiation of administrative proceedings.

    An administrative proceeding commences when the Coast Guard 
representative files the complaint with the Hearing Docket Clerk and 
serves a copy of it on the respondent.



Sec. 20.402  Public notice.

    Upon the filing of a complaint under 33 U.S.C. 1321(b) (6), the 
Coast Guard provides public notice of a class II civil penalty 
proceeding. The notice appears in the Federal Register.



Sec. 20.403  Consolidation and severance.

    (a) A presiding ALJ may for good cause, with the approval of the 
Chief ALJ and with all parties given notice and opportunity to object, 
consolidate any matters at issue in two or more administrative 
proceedings docketed under this part. (Good cause includes the 
proceedings' possessing common parties, questions of fact, and issues of 
law and presenting the likelihood that consolidation would expedite the 
proceedings and serve the interests of justice.) The ALJ may not 
consolidate any matters if consolidation would prejudice any rights 
available under

[[Page 78]]

this part or impair the right of any party to place any matters at 
issue.
    (b) Unless directed otherwise by the Chief ALJ, a presiding ALJ may, 
either in response to a motion or on his or her own motion, for good 
cause, sever any administrative proceeding with respect to some or all 
parties, claims, and issues.



Sec. 20.404  Interested persons.

    (a) Any person not a party to a class II civil penalty proceeding 
under 33 U.S.C. 1321(b)(6) who wishes to be an interested person in the 
proceeding shall, 30 days or less after publication in the Federal 
Register of the public notice required by Sec. 20.402, file with the 
Hearing Docket Clerk either--
    (1) Written comments on the proceeding; or
    (2) Written notice of intent to present evidence at any hearing in 
the proceeding.
    (b) The presiding ALJ may, for good cause, accept late comments or 
late notice of intent to present evidence.
    (c) Each interested person shall receive notice of any hearing due 
in the proceeding and of the decision in the proceeding. He or she may 
have a reasonable opportunity to be heard and to present evidence in any 
hearing.
    (d) The opportunity secured by paragraph (c) of this section does 
not extend to--
    (1) The issuance of subpoenas for witnesses;
    (2) The cross-examination of witnesses; or
    (3) Appearance at any settlement conference.



                  Subpart E_Conferences and Settlements



Sec. 20.501  Conferences.

    (a) Any party may by motion request a conference.
    (b) The ALJ may direct the parties to attend one or more conferences 
before or during a hearing.
    (c) The ALJ may invite interested persons to attend a conference, 
other than a settlement conference, as the ALJ deems appropriate.
    (d) The ALJ shall give reasonable notice of the time and place of 
any conference to the parties, and to interested persons if invited. A 
conference may occur in person, by telephone, or by other appropriate 
means.
    (e) Each party, and any interested person invited, shall be fully 
prepared for a useful discussion of all issues properly before the 
conference, both procedural and substantive, and be authorized to commit 
themselves or those they represent respecting those issues.
    (f) Unless the ALJ excuses a party, the failure of a party to attend 
or participate in a conference, after being served with reasonable 
notice of its time and place, waives all objections to any agreements 
reached in it and to any consequent orders or rulings.
    (g) The ALJ may direct that any of the following be addressed or 
furnished before, during, or after the conference:
    (1) Methods of service and filing.
    (2) Motions for consolidation or severance of parties or issues.
    (3) Motions for discovery.
    (4) Identification, simplification, and clarification of the issues.
    (5) Requests for amendment of the pleadings.
    (6) Stipulations and admissions of fact and of the content and 
authenticity of documents.
    (7) The desirability of limiting and grouping witnesses, so as to 
avoid duplication.
    (8) Requests for official notice and particular matters to be 
resolved by reliance upon the substantive standards, rules, and other 
policies of the Coast Guard.
    (9) Offers of settlement.
    (10) Proposed date, time, and place of the hearing.
    (11) Other matters that may aid in the disposition of the 
proceeding.
    (h) No one may stenographically report or otherwise record a 
conference unless the ALJ allows.
    (i) During a conference, the ALJ may dispose of any procedural 
matters on which he or she is authorized to rule.
    (j) Actions taken at a conference may be memorialized in--
    (1) A stenographic report if authorized by the ALJ;
    (2) A written transcript from a magnetic tape or the equivalent if 
authorized by the ALJ; or

[[Page 79]]

    (3) A statement by the ALJ on the record at the hearing summarizing 
them.



Sec. 20.502  Settlements.

    (a) The parties may submit a proposed settlement to the ALJ.
    (b) The proposed settlement must be in the form of a proposed 
decision, accompanied by a motion for its entry. The decision must 
recite the reasons that make it acceptable, and it must be signed by the 
parties or their representatives.
    (c) The proposed decision must contain--
    (1) An admission of all jurisdictional facts;
    (2) An express waiver of--
    (i) Any further procedural steps before the ALJ; and
    (ii) All rights to seek judicial review, or otherwise challenge or 
contest the validity, of the decision;
    (3) A statement that the decision will have the same force and 
effect as would a decision made after a hearing; and
    (4) A statement that the decision resolves all matters needing to be 
adjudicated.



                           Subpart F_Discovery



Sec. 20.601  General.

    (a) Unless the ALJ orders otherwise, each party--and each interested 
person who has filed written notice of intent to present evidence at any 
hearing in the proceeding under Sec. 20.404--shall make available to 
the ALJ and to every other party and interested person--
    (1) The name of each expert and other witness the party intends to 
call, together with a brief narrative summary of the expected testimony; 
and
    (2) A copy, marked as an exhibit, of each document the party intends 
to introduce into evidence or use in the presentation of its case.
    (b) During a pre-hearing conference ordered under Sec. 20.501, the 
ALJ may direct that the parties exchange witness lists and exhibits 
either at once or by correspondence.
    (c) The ALJ may establish a schedule for discovery and shall serve a 
copy of any such schedule on each party.
    (1) The schedule may include dates by which the parties shall both 
exchange witness lists and exhibits and file any requests for discovery 
and objections to such requests.
    (2) Unless the ALJ orders otherwise, the parties shall exchange 
witness lists and exhibits 15 days or more before hearing.
    (d) Further discovery may occur only by order, and then only when 
the ALJ determines that--
    (1) It will not unreasonably delay the proceeding;
    (2) The information sought is not otherwise obtainable;
    (3) The information sought has significant probative value;
    (4) The information sought is neither cumulative nor repetitious; 
and
    (5) The method or scope of the discovery is not unduly burdensome 
and is the least burdensome method available.
    (e) A motion for discovery must set forth--
    (1) The circumstances warranting the discovery;
    (2) The nature of the information sought; and
    (3) The proposed method and scope of discovery and the time and 
place where the discovery would occur.
    (f) If the ALJ determines that he or she should grant the motion, he 
or she shall issue an order for the discovery, together with the terms 
on which it will occur.



Sec. 20.602  Amendatory or supplementary responses.

    (a) Any party or interested person shall amend or supplement 
information previously provided upon learning that the information--
    (1) Was incorrect or incomplete when provided; or,
    (2) Though correct or complete when provided, no longer is.
    (b) The party or interested person shall amend or supplement that 
information by following the procedures in Sec. 20.305.



Sec. 20.603  Interrogatories.

    (a) Any party requesting interrogatories shall so move to the ALJ. 
The motion must include--

[[Page 80]]

    (1) A statement of the purpose and scope of the interrogatories; and
    (2) The proposed interrogatories.
    (b) The ALJ shall review the proposed interrogatories, and may enter 
an order either--
    (1) Approving the service of some or all of the proposed 
interrogatories; or
    (2) Denying the motion.
    (c) The party requesting interrogatories shall serve on the party 
named in the interrogatories the approved written interrogatories.
    (d) Each interrogatory must be answered separately and fully in 
writing under oath or affirmation, unless it is objected to, in which 
event the party named shall state the reasons for the objection instead 
of a response. This party, the party's attorney, or the party's 
representative shall sign the party's responses to interrogatories.
    (e) Responses or objections must be filed within 30 days after the 
service of the interrogatories.
    (f) A response to an interrogatory is sufficient when--
    (1) The responder lists the records from which such answers may be 
derived or ascertained; and
    (2) The burden of ascertaining the information in a response to an 
interrogatory is substantially the same for all parties involved in the 
action; and
    (3) The information may be obtained from an examination, audit, or 
inspection of records, or from a compilation, abstract, or summary based 
on such records.
    (g) The party serving the interrogatory shall be afforded reasonable 
opportunity to examine, audit, or inspect the resource and to make 
copies, compilations, abstracts, or summaries. The specification must 
include sufficient detail to permit the interrogating party to locate 
and identify the individual records from which the answer may be 
ascertained.



Sec. 20.604  Requests for production of documents or things, for 
inspection or other purposes.

    (a) Any party seeking production of documents or things for 
inspection or other purposes shall so move to the ALJ. The motion must 
state with particularity--
    (1) The purpose and scope of the request; and
    (2) The documents and materials sought.
    (b) The ALJ shall review the motion and enter an order approving or 
denying it in whole or in part.
    (c) A party shall serve on the party in possession, custody, or 
control of the documents the order to produce or to permit inspection 
and copying of documents.
    (d) A party may, after approval of an appropriate motion by the ALJ, 
inspect and copy, test, or sample any tangible things that contain, or 
may lead to, relevant information, and that are in the possession, 
custody, or control of the party upon whom the request is served.
    (e) A party may, after approval of an appropriate motion by the ALJ, 
serve on another party a request to permit entry upon designated 
property in the possession or control of the other party for the purpose 
of inspecting, measuring, surveying, photographing, testing, or sampling 
the property or any designated object or area. A request to permit entry 
upon property must set forth with reasonable particularity the feature 
to be inspected and must specify a reasonable time, place, and manner 
for making the inspection and performing the related acts.
    (f) The party upon whom the request is served shall respond within 
30 days after the service of the request. Inspection and related 
activities will be permitted as requested, unless there are objections, 
in which case the reason for each objection must be stated.



Sec. 20.605  Depositions.

    (a) The ALJ may order a deposition only upon a showing of good cause 
and upon a finding that--
    (1) The information sought is not obtainable more readily by 
alternative methods; or
    (2) There is a substantial reason to believe that relevant and 
probative evidence may otherwise not be preserved for presentation at 
the hearing.
    (b) Testimony may be taken by deposition upon approval of the ALJ of 
a motion made by any party.
    (1) The motion must state--

[[Page 81]]

    (i) The purpose and scope of the deposition;
    (ii) The time and place it is to be taken;
    (iii) The name and address of the person before whom the deposition 
is to be taken;
    (iv) The name and address of each witness from whom a deposition is 
to be taken;
    (v) The documents and materials which the witness is to produce; and
    (vi) Whether it is intended that the deposition be used at a hearing 
instead of live testimony.
    (2) The motion must state if the deposition is to be by oral 
examination, by written interrogatories, or a combination of the two. 
The deposition may be taken before any disinterested person authorized 
to administer oaths in the place where the deposition is to be taken.
    (c) Upon a showing of good cause the ALJ may enter, and serve upon 
the parties, an order to obtain the testimony of the witness.
    (d) If the deposition of a public or private corporation, 
partnership, association, or governmental agency is ordered, the 
organization named must designate one or more officers, directors, or 
agents to testify on its behalf, and may set forth, for each person 
designated, the matters on which he or she will testify. Subject to the 
provisions of 49 CFR part 9 with respect to Coast Guard witnesses, the 
designated persons shall testify as to matters reasonably known to them.
    (e) Each witness deposed shall be placed under oath or affirmation, 
and the other parties shall have the right to cross-examine.
    (f) The witness being deposed may have counsel or another 
representative present during the deposition.
    (g) Except as provided in paragraph (n) of this section, depositions 
shall be stenographically recorded and transcribed at the expense of the 
party requesting the deposition. Unless waived by the deponent, the 
transcription must be read by or read to the deponent, subscribed by the 
deponent, and certified by the person before whom the deposition was 
taken.
    (h) Subject to objections to the questions and responses that were 
noted at the taking of the deposition and that would have been sustained 
if the witness had been personally present and testifying at a hearing, 
a deposition may be offered into evidence by the party taking it against 
any party who was present or represented at the taking of the deposition 
or who had notice of the deposition.
    (i) The party requesting the deposition shall make appropriate 
arrangements for necessary facilities and personnel.
    (j) During the taking of a deposition, a party or the witness may 
request suspension of the deposition on the grounds of bad faith in the 
conduct of the examination, oppression of the witness or party, or 
improper questioning or conduct. Upon request for suspension, the 
deposition will be adjourned. The objecting party or witness must 
immediately move the ALJ for a ruling on the objection(s). The ALJ may 
then limit the scope or manner of the taking of the deposition.
    (k) When a deposition is taken in a foreign country, it may be taken 
before a person having power to administer oaths in that location, or 
before a secretary of an embassy or legation, consul general, consul, 
vice consul or consular agent of the United States, or before such other 
person or officer as may be agreed upon by the parties by written 
stipulation filed with the ALJ.
    (l) Objection to taking a deposition because of the disqualification 
of the officer before whom it is to be taken is waived unless made 
before the taking of the deposition begins, or as soon as the 
disqualification becomes known or could have been discovered with 
reasonable diligence.
    (m) A deposition may be taken by telephone conference call upon such 
terms, conditions, and arrangements as are prescribed in the order of 
the ALJ.
    (n) The testimony at a deposition hearing may be recorded on 
videotape, upon such terms, conditions and arrangements as are 
prescribed in the order of the ALJ, at the expense of the party 
requesting the recording. The video recording may be in conjunction with 
an oral examination by telephone conference held pursuant to paragraph 
(m) of this section. After the deposition has been taken, and copies of 
the video

[[Page 82]]

recording are provided to parties requesting them, the person recording 
the deposition shall immediately place the videotape in a sealed 
envelope or a sealed videotape container, attaching to it a statement 
identifying the proceeding and the deponent and certifying as to the 
authenticity of the video recording, and return the videotape by 
accountable means to the ALJ. The deposition becomes a part of the 
record of the proceedings in the same manner as a transcribed 
deposition. The videotape, if admitted into evidence, will be played 
during the hearing and transcribed into the record by the reporter.



Sec. 20.606  Protective orders.

    (a) In considering a motion for an order of discovery--or a motion, 
by a party or other person from whom discovery is sought, to reconsider 
or amend an order of discovery--the ALJ may enter any order that justice 
requires, to protect a person from annoyance, embarrassment, oppression, 
or undue burden or expense. This order may--
    (1) Confine discovery to specific terms and conditions, such as a 
particular time and place;
    (2) Confine discovery to a method other than that selected by the 
party seeking it;
    (3) Preclude inquiry into certain matters;
    (4) Direct that discovery occur with no one present except persons 
designated by the ALJ;
    (5) Preclude the disclosure of a trade secret or other proprietary 
information, or allow its disclosure only in a designated way or only to 
designated persons; or
    (6) Require that the person from whom discovery is sought file 
specific documents or information under seal for opening at the 
direction of the ALJ.
    (b) When a person from whom discovery is sought seeks a protective 
order, the ALJ may let him or her make all or part of the showing of 
good cause in camera. The ALJ shall record any proceedings in camera. If 
he or she enters a protective order, he or she shall seal any 
proceedings so recorded. These shall be releasable only as required by 
law.
    (c) Upon motion by a person from whom discovery is sought, the ALJ 
may--
    (1) Restrict or defer disclosure by a party either of the name of a 
witness or, if the witness comes from the Coast Guard, of any prior 
statement of the witness; and
    (2) Prescribe other appropriate measures to protect a witness.
    (d) The ALJ will give any party an adequate opportunity to prepare 
for cross-examination or other presentation concerning witnesses and 
statement subject to protective orders.



Sec. 20.607  Sanctions for failure to comply.

    If a party fails to provide or permit discovery, the ALJ may take 
such action as is just. This may include the following:
    (a) Infer that the testimony, document, or other evidence would have 
been adverse to the party.
    (b) Order that, for the purposes of the proceeding, designated facts 
are established.
    (c) Order that the party not introduce into evidence--or otherwise 
rely upon, in support of any claim or defense--the evidence that was 
withheld.
    (d) Order that the party not introduce into evidence, or otherwise 
use in the hearing, information obtained in discovery.
    (e) Allow the use of secondary evidence to show what the evidence 
withheld would have shown.



Sec. 20.608  Subpoenas.

    (a) Any party may request the ALJ to issue a subpoena for the 
attendance of a person, the giving of testimony, or the production of 
books, papers, documents, or any other relevant evidence during 
discovery or for any hearing. Any party seeking a subpoena from the ALJ 
shall request its issuance by motion.
    (b) An ALJ may, for good cause shown, apply to the United States 
District Court for the issuance of an order compelling the appearance 
and testimony of a witness or the production of evidence.
    (c) A person serving a subpoena shall prepare a written statement 
setting forth either the date, time, and manner

[[Page 83]]

of service or the reason for failure of service. He or she shall swear 
to or affirm the statement, attach it to a copy of the subpoena, and 
return it to the ALJ who issued the subpoena.
    (d) Coast Guard investigating officers have separate subpoena power 
in S&R proceedings under 46 CFR 5.301.



Sec. 20.609  Motions to quash or modify.

    (a) A person to whom a subpoena is directed may, by motion with 
notice to the party requesting the subpoena, ask the ALJ to quash or 
modify the subpoena.
    (b) Except when made at a hearing, the motion must be filed:
    (1) 10 days or less after service of a subpoena compelling the 
appearance and testimony of a witness or the production of evidence or
    (2) At or before the time specified in the subpoena for compliance, 
whichever is earlier.
    (c) If the subpoena is served at a hearing, the person to whom it is 
directed may, in person at the hearing or in writing within a reasonable 
time fixed by the ALJ, ask the ALJ to quash or modify it.
    (d) The ALJ may quash or modify the subpoena if it is unreasonable 
or requires evidence not relevant to any matter in issue.



                           Subpart G_Hearings



Sec. 20.701  Standard of proof.

    The party that bears the burden of proof shall prove his or her case 
or affirmative defense by a preponderance of the evidence.



Sec. 20.702  Burden of proof.

    (a) Except for an affirmative defense, or as provided by paragraph 
(b) of this section, the Coast Guard bears the burden of proof.
    (b) Except as otherwise provided by statute or rule, the proponent 
of a motion, request, or order bears the burden of proof.



Sec. 20.703  Presumptions.

    In each administrative hearing, a presumption--
    (a) Imposes on the party against whom it lies the burden of going 
forward with evidence to rebut or meet the presumption; but
    (b) Does not shift the burden of proof in the sense of the risk of 
non-persuasion.



Sec. 20.704  Scheduling and notice of hearings.

    (a) With due regard for the convenience of the parties, and of their 
representatives or witnesses, the ALJ shall, as early as possible, fix 
the date, time, and place for the hearing and notify all parties and 
interested persons.
    (b) The ALJ may grant a request for a change in the date, time, or 
place of a hearing.
    (c) At any time after commencement of a proceeding, any party may 
move to expedite the proceeding. A party moving to expedite shall--
    (1) Explain in the motion the circumstances justifying the motion to 
expedite; and
    (2) Incorporate in the motion affidavits supporting any 
representations of fact.
    (d) After timely receipt of the motion and any responses, the ALJ 
may expedite pleadings, pre-hearing conferences, and the hearing, as 
appropriate.



Sec. 20.705  Failure to appear.

    The ALJ may enter a default under Sec. 20.310 against a respondent 
threatening to fail, or having failed, to appear at a hearing unless,--
    (a) Before the time for the hearing, the respondent shows good cause 
why neither the respondent nor his or her representative can appear; or,
    (b) 30 days or less after an order to show good cause, the 
respondent shows good cause for his or her failure to appear.



Sec. 20.706  Witnesses.

    (a) Each witness shall testify under oath or affirmation.
    (b) If a witness fails or refuses to answer any question the ALJ 
finds proper, the failure or refusal constitutes grounds for the ALJ to 
strike all or part of the testimony given by the witness or to take any 
other measure he or she deems appropriate.

[[Page 84]]



Sec. 20.707  Telephonic testimony.

    (a) The ALJ may order the taking of the testimony of a witness by 
telephonic conference call. A person presenting evidence may by motion 
ask for the taking of testimony by this means. The arrangement of the 
call must let each participant listen to and speak to each other within 
the hearing of the ALJ, who will ensure the full identification of each 
so the reporter can create a proper record.
    (b) The ALJ may issue a subpoena directing a witness to testify by 
telephonic conference call. The subpoena in any such instance issues 
under the procedures in Sec. 20.608.



Sec. 20.708  Witnesses' fees.

    (a) Each witness summoned in an administrative proceeding shall 
receive the same fees and mileage as a witness in a District Court of 
the United States.
    (b) The party or interested person who calls a witness is 
responsible for all fees and mileage due under paragraph (a) of this 
section.



Sec. 20.709  Closing of the record.

    (a) When the ALJ closes the hearing, he or she shall also close the 
record of the proceeding, as described in Sec. 20.903, unless he or she 
directs otherwise. Even after the ALJ closes it, he or she may reopen 
it.
    (b) The ALJ may correct the transcript of the hearing by appropriate 
order.



Sec. 20.710  Proposed findings, closing arguments, and briefs.

    (a) Before the ALJ closes the hearing, he or she may hear oral 
argument so far as he or she deems appropriate.
    (b) Before the ALJ decides the case, and upon terms he or she finds 
reasonable, any party may file a brief, proposed findings of fact and 
conclusions of law, or both. Any party may waive this right. If all 
parties waive it, then the ALJ may issue an oral order at the close of 
the hearing.
    (c) Any oral argument, brief, or proposed findings of fact and 
conclusions of law form part of the record of the proceeding, as 
described in Sec. 20.903.



                           Subpart H_Evidence



Sec. 20.801  General.

    Any party may present his or her case or defense by oral, 
documentary, or demonstrative evidence; submit rebuttal evidence; and 
conduct any cross-examination that may be necessary for a full and true 
disclosure of the facts.



Sec. 20.802  Admissibility of evidence.

    (a) The ALJ may admit any relevant oral, documentary, or 
demonstrative evidence, unless privileged. Relevant evidence is evidence 
tending to make the existence of any material fact more probable or less 
probable than it would be without the evidence.
    (b) The ALJ may exclude evidence if its probative value is 
substantially outweighed by the danger of prejudice, by confusion of the 
issues, or by reasonable concern for undue delay, waste of time, or 
needless presentation of cumulative evidence.



Sec. 20.803  Hearsay evidence.

    Hearsay evidence is admissible in proceedings governed by this part. 
The ALJ may consider the fact that evidence is hearsay when determining 
its probative value.



Sec. 20.804  Objections and offers of proof.

    (a) Any party objecting to the admission or exclusion of evidence 
shall concisely state the grounds. A ruling on every objection must 
appear in the record. No party may raise an objection to the admission 
or exclusion of evidence on appeal unless he or she raised it before the 
ALJ.
    (b) Whenever evidence is objected to, the party offering it may make 
an offer of proof, which must appear in the record.



Sec. 20.805  Proprietary information.

    (a) The ALJ may limit introduction of evidence or issue such 
protective or other orders as in his or her judgment are consistent with 
the object of preventing undue disclosure of proprietary matters, 
including, among others, ones of a commercial nature.
    (b) When the ALJ determines that information in a document 
containing proprietary matters should be made

[[Page 85]]

available to another party, the ALJ may direct the party possessing the 
document to prepare a non-proprietary summary or extract of it. The 
summary or extract may be admitted as evidence in the record.
    (c) If the ALJ determines that a non-proprietary summary or extract 
is inadequate and that proprietary matters must form part of the record 
to avert prejudice to a party, the ALJ may so advise the parties and 
arrange access to the evidence for a party or representative.



Sec. 20.806  Official notice.

    The ALJ may take official notice of such matters as could courts, or 
of other facts within the specialized knowledge of the Coast Guard as an 
expert body. When all or part of a decision rests on the official notice 
of a material fact not appearing in the evidence in the record, the 
decision must state as much; and any party, upon timely request, shall 
receive an opportunity to rebut the fact.



Sec. 20.807  Exhibits and documents.

    (a) Each exhibit must be numbered and marked for identification by 
the party offering it. The original of each exhibit so marked, whether 
or not offered or admitted into evidence, must be filed and retained in 
the record of the proceeding, unless the ALJ permits the substitution of 
a copy. The party introducing each exhibit so marked shall supply a copy 
of the exhibit to the ALJ and to every party to the proceeding.
    (b) Unless the ALJ directs otherwise, each party who would offer an 
exhibit upon direct examination shall make it available to every other 
party for inspection 15 days or more before the hearing. The ALJ will 
deem admitted the authenticity of each exhibit submitted before the 
hearing unless a party either files written objection and serves it on 
all parties or shows good cause for failure to do both.
    (c) In class II civil penalty proceedings under 33 U.S.C. 
1321(b)(6), each exhibit introduced by an interested person must be 
marked, and filed and retained in the record of the proceeding, unless 
the ALJ permits the substitution of a copy. The interested person shall 
supply a copy of the exhibit to the ALJ and to every party to the 
proceeding. The requirements of paragraph (b) of this section apply to 
any interested person who would offer an exhibit upon direct 
examination.



Sec. 20.808  Written testimony.

    The ALJ may enter into the record the written testimony of a 
witness. The witness shall be, or have been, available for oral cross-
examination. The statement must be sworn to, or affirmed, under penalty 
of perjury.



Sec. 20.809  Stipulations.

    Any party or interested person may stipulate, in writing, at any 
stage of the proceeding, or orally at the hearing, to any pertinent fact 
or other matter fairly susceptible of stipulation. A stipulation binds 
all parties to it.



                           Subpart I_Decisions



Sec. 20.901  Summary decisions.

    (a) Any party may move for a summary decision in all or any part of 
the proceeding on the grounds that there is no genuine issue of material 
fact and that the party is entitled to a decision as a matter of law. 
The party must file the motion no later than 15 days before the date 
fixed for the hearing and may include supporting affidavits with the 
motion. Any other party, 10 days or less after service of a motion for 
summary decision, may serve opposing affidavits or countermove for 
summary decision. The ALJ may set the matter for argument and call for 
the submission of briefs.
    (b) The ALJ may grant the motion if the filed affidavits, the filed 
documents, the material obtained by discovery or otherwise, or matters 
officially noted show that there is no genuine issue of material fact 
and that a party is entitled to a summary decision as a matter of law.
    (c) Each affidavit must set forth such matters as would be 
admissible in evidence and must show affirmatively that the affiant is 
competent to testify to the matters stated in the affidavit. Once a 
party has moved for summary decision and supported his or her motion as 
provided in this section, no party opposing the motion may rest

[[Page 86]]

upon the mere allegations or denials of facts contained in his or her 
own pleadings. The response to the motion, by affidavit or as otherwise 
provided in this section, must provide a specific basis to show that 
there is a genuine issue of material fact for the hearing.
    (d) If it appears from the affidavit of a party opposing the motion 
that this party cannot, for reasons stated, present by affidavit matters 
essential to justify his or her opposition, the ALJ may deny the motion 
for summary decision, may order a continuance to enable the obtaining of 
information, or may make such other order as is just.
    (e) No denial of all or any part of a motion for summary decision is 
subject to interlocutory appeal.



Sec. 20.902  Decisions of the ALJ.

    (a) After closing the record of the proceeding, the ALJ shall 
prepare a decision containing--
    (1) A finding on each material issue of fact and conclusion of law, 
and the basis for each finding;
    (2) The disposition of the case, including any appropriate order;
    (3) The date upon which the decision will become effective;
    (4) A statement of further right to appeal; and,
    (5) If no hearing was held, a statement of the right of any 
interested person to petition the Commandant to set aside the decision.
    (b) The decision of the ALJ must rest upon a consideration of the 
whole record of the proceedings.
    (c) The ALJ may, upon motion of any party or in his or her own 
discretion, render the initial decision from the bench (orally) at the 
close of the hearing and prepare and serve a written order on the 
parties or their authorized representatives. In rendering his or her 
decision from the bench, the ALJ shall state the issues in the case and 
make clear, on the record, his or her findings of fact and conclusions 
of law.
    (d) If the ALJ renders the initial decision orally, and if a party 
asks for a copy, the Hearing Docket Clerk shall furnish a copy excerpted 
from the transcript of the record. The date of the decision is the date 
of the oral rendering of the decision by the ALJ.



Sec. 20.903  Records of proceedings.

    (a) The transcript of testimony at the hearing, all exhibits 
received into evidence, any items marked as exhibits and not received 
into evidence, all motions, all applications, all requests, and all 
rulings constitute the official record of a proceeding. This record also 
includes any motions or other matters regarding the disqualification of 
the ALJ.
    (b) Any person may examine the record of a proceeding at the U. S. 
Coast Guard Administrative Law Judge Docketing Center; Room 412; 40 S. 
Gay Street; Baltimore, MD 21201-4022. Any person may obtain a copy of 
part or all of the record after payment of reasonable costs for 
duplicating it in accordance with 49 CFR part 7.



Sec. 20.904  Reopening.

    (a) To the extent permitted by law, the ALJ may, for good cause 
shown in accordance with paragraph (c) of this section, reopen the 
record of a proceeding to take added evidence.
    (b) Any party may move to reopen the record of a proceeding 30 days 
or less after the closing of the record.
    (1) Each motion to reopen the record must clearly set forth the 
facts that the movant would try to prove and the grounds for reopening 
the record.
    (2) Any party who does not respond to any motion to reopen the 
record waives any objection to the motion.
    (c) The ALJ may reopen the record of a proceeding if he or she 
believes that any change in fact or law, or that the public interest, 
warrants reopening it.
    (d) The filing of a motion to reopen the record of a proceeding does 
not affect any period for appeals specified in subpart J of this part, 
except that the filing of such a motion tolls the running of whatever 
time remains in the period for appeals until either the ALJ acts on the 
motion or the party filing it withdraws it.
    (e)(1) At any time, a party may file a petition to reopen with the 
Docketing Center for the ALJ to rescind any order suspending or revoking 
a merchant mariner's license, certificate of registry, or document if--
    (i) The order rests on a conviction--
    (A) For violation of a dangerous-drug law;

[[Page 87]]

    (B) Of an offense that would prevent the issuance or renewal of the 
license, certificate, or document; or
    (C) Of an offense described in subparagraph 205(a)(3)(A) or (B) of 
the National Driver Register Act of 1982 (23 U.S.C. 401, note); and
    (ii) The respondent submits a specific order of court to the effect 
that the conviction has been unconditionally set aside for all purposes.
    (2) The ALJ, however, may not rescind his or her order on account of 
any law that provides for a subsequent conditional setting-aside, 
modification, or expunging of the order of court, by way of granting 
clemency or other relief after the conviction has become final, without 
regard to whether punishment was imposed.
    (f) Three years or less after an S&R proceeding has resulted in 
revocation of a license, certificate, or document, the respondent may 
file a motion for reopening of the proceeding to modify the order of 
revocation with the ALJ Docketing Center.
    (1) Any motion to reopen the record must clearly state why the basis 
for the order of revocation is no longer valid and how the issuance of a 
new license, certificate, or document is compatible with the requirement 
of good discipline and safety at sea.
    (2) Any party who does not respond to any petition to reopen the 
record waives any objection to the motion.



                            Subpart J_Appeals



Sec. 20.1001  General.

    (a) Any party may appeal the ALJ' s decision by filing a notice of 
appeal. The party shall file the notice with the U. S. Coast Guard 
Administrative Law Judge Docketing Center; Attention: Hearing Docket 
Clerk; Room 412; 40 S. Gay Street; Baltimore, MD 21201-4022. The party 
shall file the notice 30 days or less after issuance of the decision, 
and shall serve a copy of it on the other party and each interested 
person.
    (b) No party may appeal except on the following issues:
    (1) Whether each finding of fact is supported by substantial 
evidence.
    (2) Whether each conclusion of law accords with applicable law, 
precedent, and public policy.
    (3) Whether the ALJ abused his or her discretion.
    (4) The ALJ's denial of a motion for disqualification.
    (c) No interested person may appeal a summary decision except on the 
issue that no hearing was held or that in the issuance of the decision 
the ALJ did not consider evidence that that person would have presented.
    (d) The appeal must follow the procedural requirements of this 
subpart.



Sec. 20.1002  Records on appeal.

    (a) The record of the proceeding constitutes the record for decision 
on appeal.
    (b) If the respondent requests a copy of the transcript of the 
hearing as part of the record of proceeding, then,--
    (1) If the hearing was recorded at Federal expense, the Coast Guard 
will provide the transcript on payment of the fees prescribed in 49 CFR 
7.45; but,
    (2) If the hearing was recorded by a Federal contractor, the 
contractor will provide the transcript on the terms prescribed in 49 CFR 
7.45.



Sec. 20.1003  Procedures for appeal.

    (a) Each party appealing the ALJ's decision or ruling shall file an 
appellate brief with the Commandant at the following address: U.S. Coast 
Guard Administrative Law Judge Docketing Center; Attention: Hearing 
Docket Clerk; Room 412; 40 S. Gay Street; Baltimore, MD 21201-4022, and 
shall serve a copy of the brief on every other party.
    (1) The appellate brief must set forth the appellant's specific 
objections to the decision or ruling. The brief must set forth, in 
detail, the--
    (i) Basis for the appeal;
    (ii) Reasons supporting the appeal; and
    (iii) Relief requested in the appeal.
    (2) When the appellant relies on material contained in the record, 
the appellate brief must specifically refer to the pertinent parts of 
the record.
    (3) The appellate brief must reach the Docketing Center 60 days or 
less after service of the ALJ's decision. Unless filed within this time, 
or within another time period authorized in writing by the Docketing 
Center, the brief will be untimely.

[[Page 88]]

    (b) Any party may file a reply brief with the Docketing Center 35 
days or less after service of the appellate brief. Each such party shall 
serve a copy on every other party. If the party filing the reply brief 
relies on evidence contained in the record for the appeal, that brief 
must specifically refer to the pertinent parts of the record.
    (c) No party may file more than one appellate brief or reply brief, 
unless--
    (1) The party has petitioned the Commandant in writing; and
    (2) The Commandant has granted leave to file an added brief, in 
which event the Commandant will allow a reasonable time for the party to 
file that brief.
    (d) The Commandant may accept an amicus curiae brief from any person 
in an appeal of an ALJ's decision.



Sec. 20.1004  Decisions on appeal.

    (a) The Commandant shall review the record on appeal to determine 
whether the ALJ committed error in the proceedings, and whether the 
Commandant should affirm, modify, or reverse the ALJ's decision or 
should remand the case for further proceedings.
    (b) The Commandant shall issue a decision on every appeal in writing 
and shall serve a copy of the decision on each party and interested 
person.



  Subpart K_Finality, Petitions for Hearing, and Availability of Orders



Sec. 20.1101  Finality.

    (a) Civil penalty proceedings. (1) Unless appealed pursuant to 
subpart J of this part, an ALJ's decision becomes an order assessing or 
denying a class II civil penalty 30 days after the date of its issuance.
    (2) If the Commandant issues a decision under Subpart J of this 
part, the decision constitutes an order of the Commandant assessing or 
denying a class II civil penalty on the date of issuance of the 
Commandant's decisions.
    (b) S&R Proceedings. (1) Unless appealed pursuant to subpart J of 
this part, an ALJ's decision becomes final action of the Coast Guard 30 
days after the date of its issuance.
    (2) If the Commandant issues a decision under Subpart J of this 
part, the decision constitutes final action of the Coast Guard on the 
date of its issuance.



Sec. 20.1102  Petitions to set aside decisions and provide hearings for 
civil penalty proceedings.

    (a) If no hearing takes place on a complaint for a class II civil 
penalty, any interested person may file a petition, 30 days or less 
after the issuance of an order assessing or denying a civil penalty, 
asking the Commandant to set aside the order and to provide a hearing.
    (b) If the Commandant decides that evidence presented by an 
interested person in support of a petition under paragraph (a) of this 
section is material and that the ALJ did not consider the evidence in 
the issuance of the decision, the Commandant shall set aside the 
decision and direct that a hearing take place in accordance with the 
requirements of this part.
    (c) If the Commandant denies a hearing sought under this section, he 
or she shall provide to the interested person, and publish in the 
Federal Register, notice of and the reasons for the denial.



Sec. 20.1103  Availability of decisions.

    (a)(1) Copies and indexes of decisions on appeal are available for 
inspection and copying at--
    (i) The document inspection facility at the office of any Coast 
Guard District, Activity, or Marine Safety Office;
    (ii) The public reading room at Coast Guard Headquarters; and
    (iii) The public reading room of the Coast Guard ALJ Docketing 
Center; Baltimore, Maryland.
    (2) Appellate decisions in S&R proceedings, and both appellate and 
ALJs' decisions on class II civil penalties, are available on the 
Department of Transportation Home Page at www.dot.gov or the Coast Guard 
Home Page at www.uscg.mil.
    (b) Any person wanting a copy of a decision may place a request with 
the Hearing Docket Clerk. The Clerk will bill the person on the terms 
prescribed in 49 CFR 7.43.

[[Page 89]]



                      Subpart L_Expedited Hearings



Sec. 20.1201  Application.

    (a) This subpart applies whenever the Coast Guard suspends a 
merchant mariner's license, certificate of registry, or document without 
a hearing under 46 U.S.C. 7702(d).
    (b) The Coast Guard may, for 45 days or less, suspend and seize a 
license, certificate, or document if, when acting under the authority of 
the license, certificate, or document,--
    (1) A mariner performs a safety-sensitive function on a vessel; and
    (2) There is probable cause to believe that he or she--
    (i) Has performed the safety-sensitive function in violation of law 
or Federal regulation regarding use of alcohol or a dangerous drug;
    (ii) Has been convicted of an offense that would prevent the 
issuance or renewal of the license, certificate, or document; or,
    (iii) Three years or less before the start of an S&R proceeding, has 
been convicted of an offense described in subparagraph 205(a)(3)(A) or 
(B) of the National Driver Register Act of 1982 (23 U.S.C. 401, note).



Sec. 20.1202  Filing of pleadings.

    (a) Complaint. If the Coast Guard has temporarily suspended a 
merchant mariner's license, certificate of registry, or document, it 
shall immediately file a complaint under Sec. 20.307. The complaint 
must contain both a copy of a notice of temporary suspension and an 
affidavit stating the authority and reason for temporary suspension.
    (b) Answer. In a case under this subpart--
    (1) Sec. 20.308 does not govern answers, and
    (2) The respondent shall therefore enter his or her answer at the 
pre-hearing conference.



Sec. 20.1203  Commencement of expedited hearings.

    Upon receipt of a complaint with a copy of the notice of temporary 
suspension and the affidavit supporting the complaint, the Chief ALJ 
will immediately assign an ALJ and designate the case for expedited 
hearing.



Sec. 20.1205  Motion for return of temporarily suspended license, 
certificate of registry, or document.

    (a) Procedure. At any time during the expedited hearing, the 
respondent may move that his or her license, certificate of registry, or 
document be returned on the grounds that the agency lacked probable 
cause for temporary suspension. The motion must be in writing and 
explain why the agency lacked probable cause.
    (b) Ruling. If the ALJ grants the motion, the ALJ may issue such 
orders as are necessary for the return of the suspended license, 
certificate, or document and for the matter to continue in an orderly 
way under standard procedure.



Sec. 20.1206  Discontinuance of expedited hearings.

    (a) Procedure. At any time during the expedited hearing, the 
respondent may move that the hearing discontinue and that the matter 
continue under standard procedure. A motion to discontinue must be in 
writing and explain why the case is inappropriate for expedited hearing.
    (b) Ruling. If the ALJ grants the motion to discontinue, the ALJ may 
issue such orders as are necessary for the matter to continue in an 
orderly way under standard procedure.



Sec. 20.1207  Pre-hearing conferences.

    (a) When held. As early as practicable, the ALJ shall order and 
conduct a pre-hearing conference. He or she may order the holding of the 
conference in person, or by telephonic or electronic means.
    (b) Answer. The respondent shall enter his or her answer at the pre-
hearing conference. If the answer is an admission, the ALJ shall either 
issue an appropriate order or schedule a hearing on the order.
    (c) Content. (1) At the pre-hearing conference, the parties shall:
    (i) Identify and simplify the issues in dispute and prepare an 
agreed statement of issues, facts, and defenses.
    (ii) Establish a simplified procedure appropriate to the matter.
    (iii) Fix a time and place for the hearing 30 days or less after the 
temporary suspension.

[[Page 90]]

    (iv) Discuss witnesses and exhibits.
    (2) The ALJ shall issue an order directing the exchange of witness 
lists and documents.
    (d) Order. Before the close of the pre-hearing conference, the ALJ 
shall issue an order setting forth any agreements reached by the 
parties. The order must specify the issues for the parties to address at 
the hearing.
    (e) Procedures not to cause delay. Neither any filing of pleadings 
or motions, nor any conduct of discovery, may interfere with--
    (1) The holding of the hearing 30 days or less after the temporary 
suspension or
    (2) The closing of the record early enough for the issuance of an 
initial decision 45 days or less after the temporary suspension.
    (f) Times. The ALJ may shorten the time for any act required or 
permitted under this subpart to enable him or her to issue an initial 
decision 45 days or less after the temporary suspension.



Sec. 20.1208  Expedited hearings.

    (a) Procedures. As soon as practicable after the close of the pre-
hearing conference, the ALJ shall hold a hearing, under subpart G of 
this part, on any issue that remains in dispute.
    (b) Oral and written argument. (1) Each party may present oral 
argument at the close of the hearing or present--
    (i) Proposed findings of fact and conclusions of law; and
    (ii) Post-hearing briefs, under Sec. 20.710.
    (2) The ALJ shall issue a schedule, such as will enable him or her 
to consider the findings and briefs without delaying the issuance of the 
decision.
    (c) ALJ's decision. The ALJ may issue his or her decision as an oral 
decision from the bench. Alternatively, he or she may issue a written 
decision. He or she shall issue the decision 45 days or less after the 
temporary suspension.



Sec. 20.1209  Appeals of ALJs' decisions.

    Any party may appeal the ALJ's decision as provided in subpart J.



Subpart M_Supplementary Evidentiary Rules for Suspension and Revocation 
                                Hearings



Sec. 20.1301  Purpose.

    This subpart contains evidentiary rules that apply only in certain 
circumstances in S&R proceedings. They supplement, not supplant, the 
evidentiary rules in subpart H.



Sec. 20.1303  Authentication and certification of extracts from shipping 
articles, logbooks, and the like.

    (a) The investigating officer, the Coast Guard representative, any 
other commissioned officer of the Coast Guard, or any official custodian 
of extracts from shipping articles, logbooks, or records in the custody 
of the Coast Guard may authenticate and certify the extracts.
    (b) Authentication and certification must include a statement that 
the person acting has seen the original, compared the copy with it, and 
found the copy to be a true one. This person shall sign his or her name 
and identify himself or herself by rank or title and by duty station.



Sec. 20.1305  Admissibility and weight of entries from logbooks.

    (a) Any entry in any official logbook of a vessel concerning an 
offense enumerated in 46 U.S.C. 11501, made in substantial compliance 
with the procedural requirements of 46 U.S.C. 11502, is admissible in 
evidence and constitutes prima facie evidence of the facts recited.
    (b) Any entry in any such logbook made in substantial compliance 
with the procedural requirements of 46 U.S.C. 11502 may receive added 
weight from the ALJ.



Sec. 20.1307  Use of judgments of conviction.

    (a) A judgment of conviction by a Federal court is conclusive in any 
S&R proceeding under this part concerning any act or offense described 
in 46 U.S.C. 7703 or 7704 when the act or offense is the same as in the 
Federal conviction.
    (b) Except as provided in paragraph (c) of this section, no judgment 
of conviction by a State court is conclusive

[[Page 91]]

in any S&R proceeding under this part concerning any act or offense 
described in 46 U.S.C. 7703 or 7704, even when an act or offense forming 
the basis of the charge in the proceeding is the same as in the State 
conviction. But the judgment is admissible in evidence and constitutes 
substantial evidence adverse to the respondent.
    (c) A judgment of conviction by a Federal or State court for a 
violation is conclusive in the proceeding if an S&R proceeding alleges 
conviction for--
    (1) A violation of a dangerous-drug law;
    (2) An offense that would prevent the issuance or renewal of a 
merchant mariner's license, certificate of registry, or document; or
    (3) An offense described in subparagraph 205(a)(3)(A) or (B) of the 
National Driver Register Act of 1982 (23 U.S.C.S. 401, note).
    (d) If the respondent participates in the scheme of a State for the 
expungement of convictions, and if he or she pleads guilty or no contest 
or, by order of the trial court, has to attend classes, contribute time 
or money, receive treatment, submit to any manner of probation or 
supervision, or forgo appeal of the finding of the trial court, the 
Coast Guard regards him or her, for the purposes of 46 U.S.C. 7703 or 
7704, as having received a conviction. The Coast Guard does not consider 
the conviction expunged without proof that the expungement is due to the 
conviction's having been in error.
    (e) No respondent may challenge the jurisdiction of a Federal or 
State court in any proceeding under 46 U.S.C. 7703 or 7704.



Sec. 20.1309  Admissibility of respondents' criminal records and records 
with the Coast Guard before entry of findings and conclusions.

    (a) The prior disciplinary record of the respondent is admissible 
when offered by him or her.
    (b) The prior disciplinary record of the respondent is admissible 
when offered by the Coast Guard representative to impeach the 
credibility of evidence offered by the respondent.
    (c) The use of a judgment of conviction is permissible on the terms 
prescribed by Sec. 20.1307.



Sec. 20.1311  Admissions by respondent.

    No person may testify regarding admissions made by the respondent 
during an investigation under 46 CFR part 4, except to impeach the 
credibility of evidence offered by the respondent.



Sec. 20.1313  Medical examination of respondents.

    In any proceeding in which the physical or mental condition of the 
respondent is relevant, the ALJ may order him or her to undergo a 
medical examination. Any examination ordered by the ALJ is conducted, at 
Federal expense, by a physician designated by the ALJ. If the respondent 
fails or refuses to undergo any such examination, the failure or refusal 
receives due weight and may be sufficient for the ALJ to infer that the 
results would have been adverse to the respondent.



Sec. 20.1315  Submission of prior records and evidence in aggravation 
or mitigation.

    (a) The prior disciplinary record of the respondent comprises the 
following items less than 10 years old:
    (1) Any written warning issued by the Coast Guard and not contested 
by the respondent.
    (2) Final agency action by the Coast Guard on any S&R proceeding in 
which a sanction or consent order was entered.
    (3) Any agreement for voluntary surrender entered into by the 
respondent.
    (4) Any final judgment of conviction in Federal or State courts.
    (5) Final agency action by the Coast Guard resulting in the 
imposition against the respondent of any civil penalty or warning in a 
proceeding administered by the Coast Guard under this title.
    (6) Any official commendatory information concerning the respondent 
of which the Coast Guard representative is aware. The Coast Guard 
representative may offer evidence and argument in aggravation of any 
charge proved. The respondent may offer evidence of,

[[Page 92]]

and argument on, prior maritime service, including both the record 
introduced by the Coast Guard representative and any commendatory 
evidence.
    (b) The respondent may offer evidence and argument in mitigation of 
any charge proved.
    (c) The Coast Guard representative may offer evidence and argument 
in rebuttal of any evidence and argument offered by the respondent in 
mitigation.



PART 23_DISTINCTIVE MARKINGS FOR COAST GUARD VESSELS AND AIRCRAFT
--Table of Contents




Sec.
23.01 Basis and purpose.
23.05 Where and when displayed.
23.10 Coast Guard emblem.
23.12 Coast Guard identifying insignia.
23.15 Coast Guard ensign.
23.20 Coast Guard commission pennant.
23.30 Penalty.

    Authority: Secs. 638, 639, 63 Stat. 546; 14 U.S.C. 638, 639, E.O. 
10707, 3 CFR, 1954-1958 Comp., p. 364.



Sec. 23.01  Basis and purpose.

    (a) This subpart establishes instructions for the display of 
distinctive markings of Coast Guard vessels and aircraft, including 
Coast Guard ensign and commission pennant and Coast Guard emblem.
    (b) Coast Guard vessels and aircraft are distinguished from other 
vessels and aircraft by an ensign; a personal flag, command pennant, or 
commissioned pennant, if so authorized; or other identifying insignia or 
marking.

[CGFR 57-35, 22 FR 6765, Aug. 22, 1957, as amended by CGFR 66-67, 31 FR 
15239, Dec. 6, 1966]



Sec. 23.05  Where and when displayed.

    (a) The Coast Guard Ensign is a mark of authority and is required to 
be displayed whenever a Coast Guard vessel takes active measures in 
connection with boarding, examining, seizing, stopping or heaving to of 
a vessel for the purposes of enforcing the laws of the United States. 
The distinctive markings of Coast Guard aircraft serve the same purpose.
    (b) The Coast Guard Commission pennant indicates a Coast Guard 
cutter under the command of a commissioned officer or commissioned 
warrant officer.
    (c) When applicable, these distinctive marks shall be displayed, the 
Coast Guard Ensign at the masthead of the foremast, and the commission 
pennant at the after masthead. On ships having but one mast the Coast 
Guard Ensign and commission pennant shall be at the masthead on the same 
halyard. In mastless ships they shall be displayed from the most 
conspicuous hoist.

[CGFR 67-26, 32 FR 6576, Apr. 28, 1967]



Sec. 23.10  Coast Guard emblem.

    (a) The distinctive emblem of the Coast Guard shall be as follows:

    On a disc the shield of the Coat of Arms of the United States 
circumscribed by an annulet edged and inscribed ``UNITED STATES COAST 
GUARD 1790'' all in front of two crossed anchors.

    (b) The emblem in full color is described as follows:

    White anchors and white ring all outlined in medium blue (Coast 
Guard blue), letters and numerals medium blue (Coast Guard blue), white 
area within ring, shield with medium blue (Coast Guard blue) chief and 
13 alternating white and red (Coast Guard red) stripes (7 white and 6 
red) with narrow medium blue (Coast Guard blue) outline.

    (c) The Coast Guard emblem is intended primarily for use as 
identification on Coast Guard ensigns, flags, pennants, vessels, 
aircraft, vehicles, and shore units. It may also be reproduced for use 
on such items as stationery, clothing, jewelry, etc.
    (d) Any person who desires to reproduce the Coast Guard emblem for 
non-Coast Guard use must first obtain approval from the Commandant, U.S. 
Coast Guard, Washington, D.C. 20593.

(Sec. 6(b)(1), 80 Stat. 937; 49 U.S.C. 1655(b)(1); 49 CFR 1.46(b))

[CGFR 67-26, 32 FR 6577, Apr. 28, 1967, as amended by CGFR 70-95, 35 FR 
12541, Aug. 6, 1970]



Sec. 23.12  Coast Guard identifying insignia.

    (a) The distinctive identification insignia of the Coast Guard 
consists of a broad diagonal red stripe followed to the right or left by 
two narrow stripes, first a white stripe and then a blue

[[Page 93]]

stripe. The Coast Guard emblem, as described in Sec. 23.10(b), is 
centered within the confines of the broad red diagonal stripe.
    (b) The Coast Guard identifying insignia is intended primarily for 
the identification of Coast Guard vessels, aircraft, vehicles, and shore 
units. It may also be reproduced for use on Coast Guard publications, 
stationery, jewelry, and similar items.
    (c) Any person who desires to reproduce the Coast Guard identifying 
insignia for non-Coast Guard use must first obtain approval from the 
Commandant, U.S. Coast Guard, Washington, D.C. 20593.

(Sec. 6(b)(1), 80 Stat. 937; 49 U.S.C. 1655(b)(1); 49 CFR 1.46(b))

[CGFR 70-95, 35 FR 12541, Aug. 6, 1970]



Sec. 23.15  Coast Guard ensign.

    The Coast Guard ensign has sixteen perpendicular stripes alternate 
red and white, beginning with the red at the hoist. In the upper 
quarter, next to the hoist, is the union, being the Coat of Arms of the 
United States, in dark blue on a white field, half of the length of the 
flag, and extending down the hoist halfway. The distinctive emblem of 
the Coast Guard in blue and white is placed with its center on a line 
with the lower edge of the union and over the center of the seventh 
vertical red stripe from the hoist of the flag, the emblem covering a 
horizontal space of three stripes.

[CGFR 57-35, 22 FR 6765, Aug. 22, 1957]



Sec. 23.20  Coast Guard commission pennant.

    The Coast Guard commission pennant shall have the union part 
composed of thirteen blue stars in a horizontal line on a white field, 
one-fourth the length of the pennant; the remaining three-fourths shall 
consist of sixteen vertical stripes of equal width, alternate red and 
white, beginning with the red, and a tail piece of red about one-fifth 
the entire length of the pennant, ending in a swallow tail.

[CGFR 57-35, 22 FR 6765, Aug. 22, 1957, as amended by CGFR 71-75, 36 FR 
13268, July 17, 1971]



Sec. 23.30  Penalty.

    Section 638(b) of Title 14 U.S.C. (63 Stat. 546) reads as follows:

    No vessel or aircraft without authority shall carry, hoist or 
display any ensign, pennant or other identifying insignia prescribed 
for, or intended to resemble, any ensign, pennant or other identifying 
insignia prescribed for Coast Guard vessels or aircraft. Each person 
violating this provision shall be fined not more than $5,000, or 
imprisoned for not more than two years, or both.

[CGFR 57-35, 22 FR 6765, Aug. 22, 1957]



PART 25_CLAIMS--Table of Contents




                            Subpart A_General

Sec.
25.101 Purpose.
25.103 Information and assistance.
25.105 Definitions.
25.107 Who may present claims.
25.109 Insurance and other subrogated claims.
25.111 Action by claimant.
25.113 Contents of claim.
25.115 Evidence supporting a claim.
25.117 Proof of amount claimed for personal injury or death.
25.119 Proof of amount claimed for loss of, or damage to, property.
25.121 Effect of other payments to claimant.
25.123 Settlement and notice to claimant.
25.125 Appeal.
25.127 Reconsideration.
25.129 Acceptance of offer of settlement.
25.131 Delegation of authority.
25.133 Redelegation of authority.
25.135 Processing and settlement of claims in foreign countries.

                       Subpart B_Admiralty Claims

25.201 Scope.
25.203 Claims payable.
25.205 Claims not payable.
25.207 Time limitation on claims.

                      Subpart C_Federal Tort Claims

25.301 Scope.
25.303 Procedure.

                        Subpart D_Military Claims

25.401 Scope.
25.403 Claims payable.
25.405 Claims not payable.
25.407 Time limitation on claims.
25.409 Appeal.

                        Subpart E_Foreign Claims

25.501 Scope.

[[Page 94]]

25.503 Proper claimants.
25.505 Claimants excluded.
25.507 Claims payable.
25.509 Claims not payable.
25.511 Time limitation on claims.
25.513 Amount claimed.
25.515 Settlement and notice to claimant.

             Subpart F_Claims Not Cognizable Under Other Law

25.601 Scope.
25.603 Claims payable.
25.605 Claims not payable.
25.607 Time limitation on claims.
25.609 Settlement and notice to claimant.

         Subpart G_Article 139, Uniform Code of Military Justice

25.701 Scope.
25.703 Claims payable.
25.705 Claims not payable.
25.707 Time limitation on claims.
25.709 Assessment limitation on claims.

                Subpart H_Pollution Removal Damage Claims

25.801 Scope.
25.803 Claims payable.
25.805 Claims not payable.

    Authority: 14 U.S.C. 633; 49 CFR 1.45(a); 49 CFR 1.45(b); 49 CFR 
1.46(b), unless otherwise noted.

    Source: CGD 80-033, 46 FR 27109, May 18, 1981, unless otherwise 
noted.



                            Subpart A_General



Sec. 25.101  Purpose.

    This subpart prescribes the requirements for the administrative 
settlement of claims against the United States, other than claims 
against the Oil Spill Liability Trust Fund under part 136 of this 
chapter and contract claims, but including claims arising from acts or 
omissions of employees of non-appropriated fund activities within the 
United States, its territories, and possessions.

[USCG-2001-9286, 66 FR 33639, June 25, 2001]



Sec. 25.103  Information and assistance.

    Any person who desires to file a claim against the United States 
Coast Guard arising out of the activities of the Coast Guard may obtain 
information and assistance from the Coast Guard Maintenance and 
Logistics Command Atlantic (lc), located at 300 East Main Street, Suite 
965, Norfolk, VA 23510-9113 or from the Coast Guard Maintenance and 
Logistics Command Pacific (lc), located at Coast Guard Island, Alameda, 
California, 94501, or from Commandant (G-LCL), U.S. Coast Guard, 
Washington, DC 20593, or from the Commander of any Coast Guard District 
listed in 33 CFR Part 3.

[CGD 87-008b, 52 FR 25217, July 6, 1987, as amended by CGD 97-023, 62 FR 
33362, June 19, 1997; USCG-2001-9286, 66 FR 33639, June 25, 2001]



Sec. 25.105  Definitions.

    Accrual date. The day on which the alleged wrongful act or omission 
results in injury or damage for which a claim is made or when the 
claimant discovers, or in the exercise of reasonable diligence should 
have discovered, the alleged wrongful act or omission.
    Claim. A written notification of an incident accompanied by demand 
for the payment of a sum certain of money, other than for ordinary 
obligations incurred for services, supplies, or equipment.
    Settle. To consider, ascertain, adjust, determine, compromise (when 
specifically authorized by law), and dispose of a claim by disapproval 
or approval, in whole or in part.
    Settlement authority. A person authorized to settle a claim.

[CGD 80-033, 46 FR 27109, May 18, 1981; 46 FR 29933, June 4, 1981]



Sec. 25.107  Who may present claims.

    (a) General rules:
    (1) A claim for property loss or damage may be presented by anyone 
having an interest in the property, including an insurer or other 
subrogee, unless the interest is barred under Sec. 25.109(a).
    (2) A claim for personal injury may be presented by the person 
injured.
    (3) A claim based on death may be presented by the executor or 
administrator of the decedent's estate, or any other person legally 
entitled to assert such a claim under local law. The claimant's status 
must be stated in the claim.
    (4) A claim for medical, hospital, or burial expenses may be 
presented by any person who by reason of family relationship has, in 
fact, incurred the expenses.

[[Page 95]]

    (b) A joint claim must be presented in the names of and signed by, 
the joint claimants, and the settlement must be made payable to the 
joint claimants.
    (c) A claim may be presented by a duly authorized agent, legal 
representative or survivor, if it is presented in the name of the 
claimant. If the claim is not signed by the claimant, the agent, legal 
representative, or survivor shall indicate their title or legal capacity 
and provide evidence of their authority to present the claim.
    (d) Where the same claimant has a claim for damage to or loss of 
property and a claim for personal injury or a claim based on death 
arising out of the same incident, they must be combined in one claim.



Sec. 25.109  Insurance and other subrogated claims.

    (a) The claims of an insured (subrogor) and an insurer (subrogee) 
for damages arising out of the same incident constitute a single claim. 
The total award of combined claims may not exceed the monetary 
jurisdiction of the settlement authority. If the total award of the 
combined claims exceeds, or is expected to exceed, a settlement 
authority's limits, the settlement authority is not permitted to 
consider either, and the claim file will be forwarded to an appropriate 
settlement authority.
    (b) An insured (subrogor) and an insurer (subrogee) may file a claim 
jointly or separately. If the insurer has fully reimbursed the insured, 
payment will only be made to the insurer. If separate claims are filed, 
the settlement will be made payable to each claimant to the extent of 
that claimant's undisputed interest. If joint claims are filed, the 
settlement will be sent to the insurer.
    (c) Each claimant shall include with a claim, a written disclosure 
concerning insurance coverage including:
    (1) The names and addresses of all insurers;
    (2) The kind and amount of insurance;
    (3) The policy number;
    (4) Whether a claim has been or will be presented to an insurer, 
and, if so, the amount of that claim; and whether the insurer has paid 
the claim in whole or in part, or has indicated payment will be made.
    (d) Each subrogee shall substantiate an interest or right to file a 
claim by appropriate documentary evidence and shall support the claim as 
to liability and measure of damages in the same manner as required of 
any other claimant. Documentary evidence of payment to a subrogor does 
not constitute evidence of liability of the United States or conclusive 
evidence of the amount of damages. The settlement authority makes an 
independent determination on the issues of fact and law based upon the 
evidence of record.
    (e) An insurance or other subrogated claim is not payable under 
Subpart E, F, or G of this part.



Sec. 25.111  Action by claimant.

    (a) Form of claim. The claim must meet the requirements of Sec. 
25.113. Authorized forms are available from the offices indicated in 
Sec. 25.103.
    (b) Presentation. Whenever possible the claim must be presented to 
the geographically appropriate Coast Guard Maintenance and Logistics 
Command. The Coast Guard Maintenance and Logistics Command Atlantic (lc) 
is located at 300 East Main Street, Suite 965, Norfolk, VA 23510-9113; 
Coast Guard Maintenance and Logistics Command Pacific (lc) is located at 
Coast Guard Island, Alameda, California, 94501. If that is not possible, 
the claim may also be presented to:
    (1) The commanding officer of the Coast Guard unit involved;
    (2) A Coast Guard unit convenient to the claimant; or
    (3) Chief, Office of Claims and Litigation, Chief Counsel, United 
States Coast Guard, 2100 Second Street, SW., Washington, DC, 20593.

In a foreign country, where there is no Coast Guard unit, the claim is 
considered presented to the Coast Guard if it is presented to the 
military attache of any United States embassy or consulate or to the 
commanding officer of any unit of the armed services of the United 
States.

[[Page 96]]

    (c) Time. The time limits for presenting claims are contained in the 
following subparts addressing particular claim statutes.

[CGD 80-033, 46 FR 27109, May 18, 1981, as amended by CGD 87-008b, 52 FR 
25217, July 6, 1987; CGD 97-023, 62 FR 33362, June 19, 1997; USCG-2001-
9286, 66 FR 33639, June 25, 2001]



Sec. 25.113  Contents of claim.

    (a) A claim under the Federal Tort Claims Act must be presented 
using Standard Form 95, Claim for Damage, Injury, or Death.
    (b) A claim under any other Act may be presented using Standard Form 
95. Any claim which is not presented using Standard Form 95 shall 
include:
    (1) The identity of the department, agency, or activity whose act or 
omission gave rise to the claim;
    (2) The full name and mailing address of the claimant. If this 
mailing address is not claimant's residence, the claimant shall also 
include residence address;
    (3) The date, time, and place of the incident giving rise to the 
claim;
    (4) The amount claimed, supported by independent evidence of 
property damage or loss, personal injury, or death, as applicable;
    (5) A detailed description of the incident giving rise to the claim;
    (6) A description of any property damage or loss, including the 
identity of the owner, if other than the claimant, as applicable;
    (7) The nature and extent of the injury, as applicable;
    (8) The full name, title, if any, and address of any witness to the 
incident and a brief statement of the witness' knowledge of the 
incident;
    (9) A description of any insurance carried by the claimant or owner 
of the property and the status of any insurance claim arising from the 
incident; and
    (10) An agreement by the claimant to accept the total amount claimed 
in full satisfaction and final settlement of the claim.
    (c) A claimant or duly authorized agent or legal representative must 
sign in ink a claim and any amendment to that claim. If the person's 
signature does not include the first name, middle initial, if any, and 
surname, that information must be included in the claim. A married woman 
must sign her claim in her given name, e.g., ``Mary A. Doe,'' rather 
than ``Mrs. John Doe.''



Sec. 25.115  Evidence supporting a claim.

    The claimant shall present independent evidence to support a claim. 
This evidence may include, if available, statements of witnesses, 
accident or casualty reports, photographs and drawings.



Sec. 25.117  Proof of amount claimed for personal injury or death.

    The following evidence must be presented when appropriate:
    (a) Itemized medical, hospital, and burial bills.
    (b) A written report by the attending physician including:
    (1) The nature and extent of the injury and the treatment,
    (2) The necessity and reasonableness of the various medical expenses 
incurred,
    (3) Duration of time injuries prevented or limited employment,
    (4) Past, present, and future limitations on employment,
    (5) Duration and extent of pain and suffering and of any disability 
or physical disfigurement,
    (6) A current prognosis,
    (7) Any anticipated medical expenses, and
    (8) Any past medical history of the claimant relevant to the 
particular injury alleged.
    Note: An examination by an independent medical facility or physician 
may be required to provide independent medical evidence against which to 
evaluate the written report of the claimant's physician. The settlement 
authority determines the need for this examination, makes mutually 
convenient arrangements for such an examination, and bears the costs 
thereof.
    (c) All hospital records or other medical documents from either this 
injury or any relevant past injury.
    (d) If the claimant is employed, a written statement by the 
claimant's employer certifying the claimant's:
    (1) Age,
    (2) Occupation,
    (3) Hours of employment,
    (4) Hourly rate of pay or weekly salary,

[[Page 97]]

    (5) Time lost from work as a result of the incident, and
    (6) Claimant's actual period of employment, full-time or part-time, 
and any effect of the injury upon such employment to support claims for 
lost earnings.
    (e) If the claimant is self-employed, written statements, or other 
evidence showing:
    (1) The amount of earnings actually lost, and
    (2) The Federal tax return if filed for the three previous years.
    (f) If the claim arises out of injuries to a person providing 
services to the claimant, statement of the cost necessarily incurred to 
replace the services to which claimant is entitled under law.



Sec. 25.119  Proof of amount claimed for loss of, or damage to, property.

    The following evidence must be presented when appropriate:
    (a) For each particular lost item, evidence of its value such as a 
bill of sale and a written appraisal, or two written appraisals, from 
separate disinterested dealers or brokers, market quotations, commercial 
catalogs, or other evidence of the price at which like property can be 
obtained in the community. The settlement authority may waive these 
requirements when circumstances warrant. The cost of any appraisal may 
be included as an element of damage if not deductible from any bill 
submitted to claimant.
    (b) For each particular damaged item which can be economically 
repaired, evidence of cost of repairs such as a receipted bill and one 
estimate, or two estimates, from separate disinterested repairmen. The 
settlement authority may waive these requirements when circumstances 
warrant. The cost of any estimate may be included as an element of 
damage if not deductible from any repair bill submitted to claimant.
    (c) For any claim which may result in payment in excess of 
$20,000.00, a survey or appraisal shall be performed as soon as 
practicable after the damage accrues, and, unless waived in writing, 
shall be performed jointly with a government representative.
    (d) If the item is so severely damaged that it cannot be 
economically repaired or used, it shall be treated as a lost item.
    (e) If a claim includes loss of earnings or use during repairs to 
the damaged property, the following must also be furnished and supported 
by competent evidence:
    (1) The date the property was damaged;
    (2) The name and location of the repair facility;
    (3) The beginning and ending dates of repairs and an explanation of 
any delay between the date of damage and the beginning date;
    (4) A complete description of all repairs performed, segregating any 
work performed for the owner's account and not attributable to the 
incident involved, and the costs thereof;
    (5) The date and place the property was returned to service after 
completion of repairs, and an explanation, if applicable, of any delay;
    (6) Whether or not a substitute for the damaged property was 
available. If a substitute was used by the claimant during the time of 
repair, an explanation of the necessity of using the substitute, how it 
was used, and for how long, and the costs involved. Any costs incurred 
that would have been similarly incurred by the claimant in using the 
damaged property must be identified;
    (7) Whether or not during the course of undergoing repairs the 
property would have been used, and an explanation submitted showing the 
identity of the person who offered that use, the terms of the offer, 
time of prospective service, and rate of compensation; and
    (8) If at the time of damage the property was under charter or hire, 
or was otherwise employed, or would have been employed, the claimant 
shall submit a statement of operating expenses that were, or would have 
been, incurred. This statement shall include wages and all bonuses which 
would have been paid, the value of fuel and the value of consumable 
stores, separately stated, which would have been consumed, and all other 
costs of operation which would have been incurred including, but not 
limited to, license and parking fees, personnel expenses,

[[Page 98]]

harbor fees, wharfage, dockage, shedding, stevedoring, towage, pilotage, 
inspection, tolls, lockage, anchorage and moorage, grain elevation, 
storage, and customs fees.
    (f) For each item which is lost, actual or constructive, proof of 
ownership.



Sec. 25.121  Effect of other payments to claimant.

    The total amount to which the claimant may be entitled is normally 
computed as follows:
    (a) The total amount of the loss, damage, or personal injury 
suffered for which the United States is liable, less any payment the 
claimant has received from the following sources:
    (1) The military member or civilian employee who caused the 
incident;
    (2) The military member's or civilian employee's insurer; and
    (3) Any joint tort-feasor or insurer.
    (b) No deduction is generally made for any payment the claimant has 
received by way of voluntary contributions, such as donations of 
charitable organizations.



Sec. 25.123  Settlement and notice to claimant.

    (a) If the settlement authority determines that the full amount 
claimed should be paid, the settlement authority forwards the claim to 
the disbursing officer for payment. If the time involved in settling the 
claim has been extensive, the settlement authority notifies the 
claimant.
    (b) If the settlement authority determines that less than the full 
amount claimed should be paid, the settlement authority:
    (1) Notifies the claimant in writing of the proposed settlement.
    (2) Obtains from the claimant written acceptance and release for 
payment of the claim in the reduced amount.
    (3) Advises the claimant, in the event claimant does not desire to 
accept the offer, to reply within 45 days giving reasons for rejection.
    (4) Except upon a showing of good cause for delay in accepting a 
proposed settlement within 45 days, treats the non-acceptance as a 
rejection. Rejection by a claimant of an offer of settlement renders the 
offer void.
    (5) If a claimant rejects a proposed settlement or fails to reply 
within 45 days, the settlement authority may make further efforts to 
settle the claim. When the settlement authority determines that further 
efforts to settle the claim are not warranted, the settlement authority 
notifies the claimant in writing by registered or certified mail, return 
receipt requested, that the claim has been denied because the amount 
claimed is excessive.
    (c) If the claim is denied, the settlement authority notifies the 
claimant in writing by registered or certified mail, return receipt 
requested.



Sec. 25.125  Appeal.

    The final denial of a claim by a settlement authority or a partial 
approval by a settlement authority is not subject to appeal except under 
the procedures prescribed for Military Claims in Subpart D of this part.



Sec. 25.127  Reconsideration.

    (a) The settlement authority may reconsider a claim upon the 
authority's own initiative or upon request of the claimant or someone 
acting on the claimant's behalf.
    (b) A request for reconsideration must be in writing and include the 
legal or factual grounds for the relief requested.
    (c) Following any investigation or other action deemed necessary for 
reconsideration of the original action, the settlement authority 
reconsiders the claim and if warranted attempts to settle it. When 
further settlement efforts appear unwarranted, the settlement authority 
notifies the claimant in writing by certified or registered mail, return 
receipt requested, that the relief requested is denied.
    (d) For the effect of reconsideration under the Federal Tort Claims 
Act see 28 CFR Part 14.



Sec. 25.129  Acceptance of offer of settlement.

    Claimant's acceptance of an offer of settlement is a complete 
release of any claim against the United States and against the military 
or civilian personnel of the Coast Guard whose act or omission gave rise 
to the claim.

[[Page 99]]



Sec. 25.131  Delegation of authority.

    (a) The Chief Counsel is delegated the following authority:
    (1) To carry out the functions of the Secretary and to exercise the 
Commandant's authority as commanding officer for all Coast Guard 
personnel in regard to claims brought under Article 139, Uniform Code of 
Military Justice (10 U.S.C. 939);
    (2) To carry out the functions of an officer designated by the 
Secretary under the so-called ``Foreign Claims Act'', as amended (10 
U.S.C. 2734);
    (3) To request that the Department of Defense pay any meritorious 
claims arising under International Agreements in accordance with Title 
10 U.S.C. 2734a and 2734b;
    (4) To carry out the functions of the Secretary under the Act of 
October 9, 1962, as amended (10 U.S.C. 2737);
    (5) To carry out the functions of the Secretary under the Act of 
August 16, 1937, as amended (14 U.S.C. 642);
    (6) To carry out the functions of the Secretary under the Act of 
June 15, 1936, as amended (14 U.S.C. 646);
    (7) To carry out the functions of the Secretary under the Act of 
August 4, 1949, as amended (14 U.S.C. 647);
    (8) To carry out the functions of the Secretary under the Act of 
February 19, 1941, as amended (14 U.S.C. 830);
    (9) To carry out the functions of the head of a Federal agency's 
designee under the Federal Tort Claims Act, as amended (28 U.S.C. 2672);
    (10) To carry out the functions of the head of an agency under the 
Military Personnel and Civilian Employees' Claims Act, as amended (31 
U.S.C. 3721);
    (11) To carry out the functions of the head of an agency under the 
Federal Claims Collection Act of 1966, as amended (31 U.S.C. 3711);
    (12) To carry out the functions of the head of the department under 
the Federal Medical Care Recovery Act (42 U.S.C. 2651-2653);
    (13) To review and approve for payment any voucher for payment of a 
claim for $25 or less the authority for payment of which is questioned 
by a certifying or disbursing officer;
    (14) To establish procedures consistent with the applicable statutes 
and regulations for the administration of all claims.

    Note: Under the Military Claims Act (10 U.S.C. 2733), the Secretary 
has authorized the Chief Counsel to settle and pay claims, see 49 CFR 
1.46(j).
    (b) The Director of Finance and Procurement is delegated the 
authority to carry out the functions of the head of an agency under the 
Federal Claims Collection Act of 1966, as amended (31 U.S.C. 3711).

[CGD 80-033, 46 FR 27109, May 18, 1981, as amended by CGD 82-112, 48 FR 
4773, Feb. 3, 1983; USCG-2001-9286, 66 FR 33639, June 25, 2001]



Sec. 25.133  Redelegation of authority.

    The authority delegated in Sec. 25.131 and in 49 CFR 1.46(j) to the 
Chief Counsel may, unless otherwise limited, be redelegated in whole or 
in part to settlement authorities established by the Chief Counsel. 
Information concerning current settlement authorities is available from 
the offices indicated in Sec. 25.103.



Sec. 25.135  Processing and settlement of claims in foreign countries.

    (a) In certain countries, the Department of Defense has assigned 
single-service responsibility for the settlement of claims arising under 
the Foreign Claims Act, Military Claims Act, Nonscope of Employment 
Claims Act, Federal Medical Care Recovery Act, and Federal Claims 
Collection Act.
    (b) In a country where single-service claims responsibility has been 
assigned, claims against the United States cognizable under the acts 
referenced in paragraph (a) of this section are processed and settled by 
the service assigned responsibility.
    (c) A list of countries assigned to a single-service is available 
from the military attache at any United States embassy or consulate.
    (d) In a country not assigned to a single-service, the rules for 
presenting claims may be found in Sec. 25.111, and the claim will be 
settled by the Coast Guard.



                       Subpart B_Admiralty Claims

    Authority: 14 U.S.C. 646; 14 U.S.C. 633; 49 CFR 1.46(b).

[[Page 100]]



Sec. 25.201  Scope.

    This subpart prescribes the requirements for the administrative 
settlement of maritime tort claims against the United States for death, 
personal injury, damage to or loss of property caused by a vessel or 
other property in the service of the Coast Guard, or a maritime tort 
committed by an agent of the Coast Guard, and for claims for towage and 
salvage services rendered to a Coast Guard vessel or property.



Sec. 25.203  Claims payable.

    A claim is payable under this subpart if it is:
    (a) A claim for death, personal injury, damage to or loss of real or 
personal property arising from a maritime tort caused by an agent or 
employee of the Coast Guard, or a vessel or other property in the 
service of the Coast Guard, including an auxiliary facility operated 
under specific orders and acting within the scope of such orders; or
    (b) A claim for compensation for towage and salvage services 
rendered to a vessel in the service of the Coast Guard or to other 
property under the jurisdiction of the Coast Guard.



Sec. 25.205  Claims not payable.

    A claim is not payable under this subpart if it:
    (a) Results from action by an enemy, or directly or indirectly from 
an act of the armed services of the United States in combat;
    (b) Is purely contractual in nature;
    (c) Is for death or personal injury of a United States employee for 
whom benefits are provided under the Federal Employees' Compensation 
Act, or any other system of compensation where contribution is made or 
insurance premiums paid directly or indirectly by the United States on 
behalf of the injured employee;
    (d) Is one for which a foreign country is responsible under Article 
VIII of the Agreement Regarding the Status of Forces of Parties to the 
North Atlantic Treaty, or other similar treaty agreement;
    (e) Arises from private or domestic obligations as distinguished 
from governmental transactions; or
    (f) Is for damage to or loss of personal property of military 
personnel or civilian employees which is cognizable under the Military 
Personnel and Civilian Employees' Claims Act, as amended.



Sec. 25.207  Time limitation on claims.

    (a) A settlement authority may administratively settle and approve a 
claim for final payment within two years from the date that the cause of 
action accrues. Otherwise, the claim is barred. This two-year period is 
not extended by presenting a claim nor by negotiations or 
correspondence. The existence of an administrative claim does not extend 
the two year statute of limitations in 46 U.S.C. 745.
    (b) If a complaint is filed in a Federal District Court before the 
expiration of the two-year period, an administrative settlement may be 
negotiated by the settlement authority only with the consent of the 
Department of Justice. Payment is made upon final dismissal of the 
complaint.



                      Subpart C_Federal Tort Claims

    Authority: 28 U.S.C. 2672; 28 CFR 14.11; 49 CFR 1.45(a)(2); 49 CFR 
1.45(a)(3).



Sec. 25.301  Scope.

    This subpart prescribes the requirements for the administrative 
settlement of claims against the United States arising out of Coast 
Guard activities under the Federal Tort Claims Act.



Sec. 25.303  Procedure.

    A claim shall be presented and processed in accordance with 28 CFR 
Part 14. Should there be a conflict between the provisions of 33 CFR 
Part 25, Subpart A and the Department of Justice regulations in 28 CFR 
Part 14, the Department of Justice regulations govern.



                        Subpart D_Military Claims

    Authority: 10 U.S.C. 2733; 49 CFR 1.46(j).



Sec. 25.401  Scope.

    This subpart prescribes the requirements for the administrative 
settlement of claims against the United States arising out of the 
activities of

[[Page 101]]

the Coast Guard under the Military Claims Act.



Sec. 25.403  Claims payable.

    A claim arising at any place caused by military personnel or 
civilian employees of the Coast Guard acting within the scope of their 
employment, or otherwise incident to noncombat activities of the Coast 
Guard, whether or not negligence or intentional tort is shown, is 
payable under this subpart for:
    (a) Damage to or loss of real property, including damage or loss 
incident to the use and occupancy of real property by the Coast Guard;
    (b) Damage to or loss of personal property, including property 
bailed to the Coast Guard;
    (c) Damage to or loss of registered or insured mail while the mail 
is in the possession of the Coast Guard even though damaged or lost by 
criminal act; or
    (d) Death or personal injury.



Sec. 25.405  Claims not payable.

    A claim is not payable under this subpart if it:
    (a) Results from action by an enemy or directly or indirectly from 
an act of the armed services of the United States in combat;
    (b) Is purely contractual in nature;
    (c) Results wholly or partly from the negligent or wrongful act of 
the claimant, claimant's agent, or claimant's employee, unless 
comparative negligence is applicable under local law;
    (d) Is for death or personal injury of a United States employee for 
whom benefits are provided under the Federal Employees' Compensation 
Act, Longshoremen's and Harbor Workers' Compensation Act, or any other 
system of compensation where contribution is made or insurance premiums 
paid directly or indirectly by the United States on behalf of the 
injured employee;
    (e) Is cognizable under Subpart C or E of this part;
    (f) Is for reimbursement for medical, hospital, or burial services 
furnished at the expense of the United States;
    (g) Is one of the following exceptions to the Federal Tort Claims 
Act, 28 U.S.C. 2680 (a), (b), (e), (f), (h), or (j). (However, a claim 
falling within the exception contained in 28 U.S.C. 2680 (b) is payable 
when not prohibited by paragraph (i) of this section.);
    (h) Results from a specific risk which the claimant assumed in 
writing before the incident giving rise to the claim;
    (i) Is for damage to or loss of a letter or postal matter while in 
the possession of the Postal Service;
    (j) Is for rent, or other payments involving the acquisition, use, 
possession, or disposition of real property or interests therein by and 
for the Coast Guard except as provided in Sec. 25.403(a);
    (k) Is for the taking of private property by trespass except for 
actual physical damage; or
    (l) Is for personal injury or death of a member or civilian employee 
of the armed services of the U.S. whose death or injury was incident to 
service.

[CGD 80-033, 46 FR 27109, May 18, 1981, as amended by CGD 87-008b, 52 FR 
25218, July 6, 1987]



Sec. 25.407  Time limitation on claims.

    (a) A claim may be settled only if presented in writing within two 
years after it accrues, except that if it accrues in time of war or 
armed conflict, or if war or armed conflict intervenes within two years 
after it accrues, and if good cause is shown, the claim may be presented 
not more than two years after the termination of the war or armed 
conflict.
    (b) For the purposes of this section, a war or armed conflict is one 
in which an armed service of the United States is engaged. The dates of 
commencement and termination of an armed conflict will be as established 
by concurrent resolution of Congress or by determination of the 
President.



Sec. 25.409  Appeal.

    (a) A claimant may submit an appeal, in writing, through the 
settlement authority disapproving the claim or approving the claim in 
part.
    (1) The appeal shall set forth fully the legal or factual bases 
asserted as grounds for the appeal; and
    (2) The appeal is permitted only if it is postmarked within 45 days 
after receipt of (i) notice of disapproval of the claim or (ii) offer of 
settlement in a reduced amount.

[[Page 102]]

    (b) The disapproval of a claim is final unless the claimant submits 
a request for reconsideration or an appeal in writing.
    (c) Upon receipt of an appeal, the settlement authority examines it 
and forwards it with the claim file, opinions, and recommendations to 
the next higher settlement authority.



                        Subpart E_Foreign Claims

    Authority: 10 U.S.C. 2734; 49 CFR 1.46(b).



Sec. 25.501  Scope.

    This subpart prescribes the requirements for the administrative 
settlement of claims against the United States by a foreign country, 
political subdivision or inhabitant thereof, for death, personal injury, 
damage to or loss of property occurring outside the United States, its 
territories, commonwealths, or possessions, caused by a military member 
or civilian employee of the Coast Guard, or otherwise incident to 
noncombat activities of the Coast Guard.



Sec. 25.503  Proper claimants.

    (a) The claimant, or the decedent in a death case, must have been an 
inhabitant of a foreign country at the time of the incident giving rise 
to the claim and must not be otherwise excluded by Sec. 25.505. It is 
not necessary that a claimant be a citizen of, or legal domiciliary of 
the foreign country.
    (b) A corporation or other organization doing business in a foreign 
country on a permanent basis may qualify as a proper claimant although 
organized under United States law.
    (c) The government of a foreign country or a political subdivision 
thereof is a proper claimant unless excluded by waiver provisions of 
applicable international agreements.



Sec. 25.505  Claimants excluded.

    (a) Civilian employees of the United States and members of the armed 
services of the United States and their dependents, who are in a foreign 
country primarily because of their own or their sponsor's duty status.
    (b) Other citizens of the United States, its territories, 
commonwealths, or possessions, unless they can establish their status as 
inhabitants of the foreign country.
    (c) An insurer or other subrogee.



Sec. 25.507  Claims payable.

    (a) A claim is payable under this subpart if it was incident to a 
noncombat activity of the Coast Guard or was caused by:
    (1) A military member of the Coast Guard;
    (2) A civilian employee of the Coast Guard who is not a national of 
the country in which the incident occurred; or
    (3) A civilian employee of the Coast Guard who is a national of the 
country in which the incident occurred if:
    (i) The employee was within the scope of employment, or
    (ii) An employer or owner of the property involved would be liable 
under local law.
    (b) The fact that the act giving rise to a claim may constitute a 
crime does not, by itself, bar relief.
    (c) Local law or custom pertaining to contributory or comparative 
negligence, and to joint tort-feasors, are applied to the extent 
practicable.



Sec. 25.509  Claims not payable.

    A claim is not payable under this subpart if it:
    (a) Results from action by an enemy or directly or indirectly from 
an act of the armed services of the United States in combat;
    (b) Is purely contractual in nature;
    (c) Is for death or personal injury of a United States employee for 
whom benefits are provided under the Federal Employees' Compensation 
Act, the Longshoremen's and Harbor Workers' Compensation Act, or any 
other system of compensation where contribution is made or insurance 
premiums paid directly or indirectly by the United States on behalf of 
the injured employee;
    (d) Is one for which a foreign country is responsible under Article 
VIII of the Agreement Regarding the Status of Forces of Parties to the 
North Atlantic Treaty, or other similar treaty agreement;

[[Page 103]]

    (e) Arises from private or domestic obligations as distinguished 
from governmental transactions;
    (f) Is a bastardy claim; or
    (g) Involves a patent or copyright infringement.



Sec. 25.511  Time limitation on claims.

    A claim may be settled only if presented in writing within two years 
after it accrues. Under appropriate circumstances, a claim presented 
orally may be considered.



Sec. 25.513  Amount claimed.

    The claimant shall state the amount claimed in the currency of the 
country where the incident occurred or where the claimant resided at the 
time of the incident.



Sec. 25.515  Settlement and notice to claimant.

    If a claim is determined to be meritorious in any amount, a written 
acceptance and release or a claim settlement agreement shall be signed 
by the claimant before payment. The release executed by the claimant 
shall release the United States and also release the tort-feasor or the 
person who occasioned the damage, injury, or death.



             Subpart F_Claims Not Cognizable Under Other Law

    Authority: 10 U.S.C. 2737; 49 CFR 1.45(a)(2).



Sec. 25.601  Scope.

    This subpart prescribes the requirements for the administrative 
settlement of claims against the United States under 10 U.S.C. 2737 
incident to use of property of the United States and not cognizable 
under other law.



Sec. 25.603  Claims payable.

    A claim for death, personal injury, or damage to or loss of real or 
personal property under this subpart is payable when caused by a 
military member or a civilian employee of the Coast Guard:
    (a) Incident to the use of a vehicle of the United States at any 
place; or
    (b) Incident to the use of any other property of the United States 
on a government installation.



Sec. 25.605  Claims not payable.

    A claim is not payable under this subpart if it:
    (a) Is legally recoverable by the claimant under a compensation 
statute or an insurance policy;
    (b) Results wholly or partly from the negligent or wrongful act of 
the claimant, claimant's agent or employee;
    (c) Is a subrogated claim;
    (d) Is cognizable under any other provision of law or regulation 
administered by the Coast Guard; or
    (e) Is for any element of damage pertaining to death or personal 
injury, other than the cost of reasonable medical, hospital, and burial 
expenses actually incurred and not otherwise furnished or paid by the 
United States.



Sec. 25.607  Time limitation on claims.

    A claim may be settled only if presented in writing within two years 
after it accrues.



Sec. 25.609  Settlement and notice to claimant.

    If a claim is determined to be meritorious in any amount, the 
claimant must sign a written acceptance and release or a claim 
settlement agreement before payment. Although larger claims may be 
considered, no claim may be approved or paid in an amount that exceeds 
$1,000.00.



         Subpart G_Article 139, Uniform Code of Military Justice

    Authority: 10 U.S.C. 939; 49 CFR 1.46(b).



Sec. 25.701  Scope.

    This subpart prescribes the requirements for the administrative 
settlement of claims under Article 139, Uniform Code of Military 
Justice, 10 U.S.C. 939, against military members of the Coast Guard for 
damage to property willfully caused by them or loss of property 
wrongfully taken by them.



Sec. 25.703  Claims payable.

    A claim for damage to or loss of real or personal property caused by 
a military member of the Coast Guard is payable under this subpart when 
the damage or loss results from:
    (a) Willful or intentional acts;

[[Page 104]]

    (b) Wrongful taking; or
    (c) Riotous, violent, and reckless conduct or acts of depredation by 
an individual or group that evidences willfulness.



Sec. 25.705  Claims not payable.

    A claim is not payable under this subpart if it:
    (a) Is for death or personal injury;
    (b) Results wholly or partly from the grossly negligent, or reckless 
act of the claimant, claimant's agent or employee;
    (c) Is a subrogated claim;
    (d) Is for damage to or loss of property owned by the United States 
or property of a Nonappropriated Fund Activity;
    (e) Results from negligence;
    (f) Is for indirect or remote damages;
    (g) Is for damage to or loss of property resulting from the act or 
omission of a member of the Coast Guard acting within the scope of the 
member's employment;
    (h) Extends to damage or loss that results from the owner's failure 
to mitigate damages; or
    (i) Has been paid by a third party.



Sec. 25.707  Time limitation on claims.

    A claim may be settled only if presented within 90 days after it 
accrues unless good cause is shown for the delay.



Sec. 25.709  Assessment limitation on claims.

    A claim is permitted in any amount; however, this subpart prohibits 
any assessment that exceeds one-half of one month's basic pay against 
the pay of any offender.



                Subpart H_Pollution Removal Damage Claims

    Authority: 33 U.S.C. 1321(j)(1)(A); 33 U.S.C. 1321(1); EO 11735, 
sec. 5 (a), (b)(3); 49 CFR 1.46(m).



Sec. 25.801  Scope.

    This subpart prescribes the requirements for the administrative 
settlement of claims against the United States for damage to or loss of 
property resulting from containment or removal activities during Phase 
III or IV of the National Contingency Plan, under the Federal Water 
Pollution Control Act, as amended. 33 U.S.C. 1321.



Sec. 25.803  Claims payable.

    A claim for damage to or loss of real or personal property is 
payable under this subpart if:
    (a) Caused by the United States, its employees, agents or 
contractors during containment, countermeasures, cleanup, mitigation, 
and disposal activities under the National Contingency Plan; and
    (b) In the exercise of care reasonable under the circumstances, the 
incident giving rise to the claim was necessary and the damage 
unavoidable.



Sec. 25.805  Claims not payable.

    A claim is not payable under this subpart if it:
    (a) Is for death or personal injury; or
    (b) Arises out of activities to contain or remove a discharge of oil 
or other hazardous polluting substance from a United States or foreign 
public vessel or federally controlled facility.



PART 26_VESSEL BRIDGE-TO-BRIDGE RADIOTELEPHONE REGULATIONS--Table of 
Contents




Sec.
26.01 Purpose.
26.02 Definitions.
26.03 Radiotelephone required.
26.04 Use of the designated frequency.
26.05 Use of radiotelephone.
26.06 Maintenance of radiotelephone; failure of radiotelephone.
26.07 Communications.
26.08 Exemption procedures.
26.09 List of exemptions.

    Authority: 14 U.S.C. 2, 33 U.S.C. 1201-1208; Pub. L. 107-295, 116 
Stat. 2064; Department of Homeland Security Delegation No. 0170. Rule 1, 
International Regulations for the Prevention of Collisions at Sea.

    Source: CGD 71-114R, 37 FR 12720, June 28, 1972, unless otherwise 
noted.



Sec. 26.01  Purpose.

    (a) The purpose of this part is to implement the provisions of the 
Vessel Bridge-to-Bridge Radiotelephone Act. This part:
    (1) Requires the use of the vessel bridge-to-bridge radiotelephone;

[[Page 105]]

    (2) Provides the Coast Guard's interpretation of the meaning of 
important terms in the Act;
    (3) Prescribes the procedures for applying for an exemption from the 
Act and the regulations issued under the Act and a listing of 
exemptions.
    (b) Nothing in this part relieves any person from the obligation of 
complying with the rules of the road and the applicable pilot rules.



Sec. 26.02  Definitions.

    For the purpose of this part and interpreting the Act:
    Act means the ``Vessel Bridge-to-Bridge Radiotelephone Act'', 33 
U.S.C. sections 1201-1208;
    Length is measured from end to end over the deck excluding sheer;
    Power-driven vessel means any vessel propelled by machinery; and
    Secretary means the Secretary of the Department in which the Coast 
Guard is operating;
    Territorial sea means all waters as defined in Sec. 2.22(a)(1) of 
this chapter.
    Towing vessel means any commercial vessel engaged in towing another 
vessel astern, alongside, or by pushing ahead.
    Vessel Traffic Services (VTS) means a service implemented under Part 
161 of this chapter by the United States Coast Guard designed to improve 
the safety and efficiency of vessel traffic and to protect the 
environment. The VTS has the capability to interact with marine traffic 
and respond to traffic situations developing in the VTS area.
    Vessel Traffic Service Area or VTS Area means the geographical area 
encompassing a specific VTS area of service as described in Part 161 of 
this chapter. This area of service may be subdivided into sectors for 
the purpose of allocating responsibility to individual Vessel Traffic 
Centers or to identify different operating requirements.

    Note: Although regulatory jurisdiction is limited to the navigable 
waters of the United States, certain vessels will be encouraged or may 
be required, as a condition of port entry, to report beyond this area to 
facilitate traffic management within the VTS area.

(Rule 1, International Regulations for Preventing Collisions at Sea, 
1972 (as rectified); EO 11964 (14 U.S.C. 2); 49 CFR 1.46(b))

[CGD 71-114R, 37 FR 12720, June 28, 1972, as amended by CGD 77-118a, 42 
FR 35784, July 11, 1977; CGD 90-020, 59 FR 36322, July 15, 1994; USCG-
2001-9044, 68 FR 42601, July 18, 2003]



Sec. 26.03  Radiotelephone required.

    (a) Unless an exemption is granted under Sec. 26.09 and except as 
provided in paragraph (a)(4) of this section, this part applies to:
    (1) Every power-driven vessel of 20 meters or over in length while 
navigating;
    (2) Every vessel of 100 gross tons and upward carrying one or more 
passengers for hire while navigating;
    (3) Every towing vessel of 26 feet or over in length while 
navigating; and
    (4) Every dredge and floating plant engaged in or near a channel or 
fairway in operations likely to restrict or affect navigation of other 
vessels except for an unmanned or intermittently manned floating plant 
under the control of a dredge.
    (b) Every vessel, dredge, or floating plant described in paragraph 
(a) of this section must have a radiotelephone on board capable of 
operation from its navigational bridge, or in the case of a dredge, from 
its main control station, and capable of transmitting and receiving on 
the frequency or frequencies within the 156-162 Mega-Hertz band using 
the classes of emissions designated by the Federal Communications 
Commission for the exchange of navigational information.
    (c) The radiotelephone required by paragraph (b) of this section 
must be carried on board the described vessels, dredges, and floating 
plants upon the navigable waters of the United States.
    (d) The radiotelephone required by paragraph (b) of this section 
must be capable of transmitting and receiving on VHF FM channel 22A 
(157.1 MHz).
    (e) While transiting any of the following waters, each vessel 
described in paragraph (a) of this section also must have on board a 
radiotelephone capable of transmitting and receiving on VHF FM channel 
67 (156.375 MHz):

[[Page 106]]

    (1) The lower Mississippi River from the territorial sea boundary, 
and within either the Southwest Pass safety fairway or the South Pass 
safety fairway specified in 33 CFR 166.200, to mile 242.4 AHP (Above 
Head of Passes) near Baton Rouge;
    (2) The Mississippi River-Gulf Outlet from the territorial sea 
boundary, and within the Mississippi River-Gulf outlet Safety Fairway 
specified in 33 CFR 166.200, to that channel's junction with the Inner 
Harbor Navigation Canal; and
    (3) The full length of the Inner Harbor Navigation Canal from its 
junction with the Mississippi River to that canal's entry to Lake 
Pontchartrain at the New Seabrook vehicular bridge.
    (f) In addition to the radiotelephone required by paragraph (b) of 
this section, each vessel described in paragraph (a) of this section 
while transiting any waters within a Vessel Traffic Service Area, must 
have on board a radiotelephone capable of transmitting and receiving on 
the VTS designated frequency in Table 161.12(c) (VTS and VMRS Centers, 
Call Signs/MMSI, Designated Frequencies, and Monitoring Areas).

    Note: A single VHF-FM radio capable of scanning or sequential 
monitoring (often referred to as ``dual watch'' capability) will not 
meet the requirements for two radios.

[CGD 91-046, 57 FR 14485, Apr. 21, 1992; 57 FR 21740, May 22, 1992, as 
amended by CGD 90-020, 59 FR 36322, July 15, 1994; CGD 95-033, 60 FR 
28328, May 31, 1995; CGD 92-052, 61 FR 45325, Aug. 29, 1996; CGD-1999-
6141, 64 FR 69635, Dec. 14, 1999; USCG-2003-14757, 68 FR 39364, July 1, 
2003]



Sec. 26.04  Use of the designated frequency.

    (a) No person may use the frequency designated by the Federal 
Communications Commission under section 8 of the Act, 33 U.S.C. 1207(a), 
to transmit any information other than information necessary for the 
safe navigation of vessels or necessary tests.
    (b) Each person who is required to maintain a listening watch under 
section 5 of the Act shall, when necessary, transmit and confirm, on the 
designated frequency, the intentions of his vessel and any other 
information necessary for the safe navigation of vessels.
    (c) Nothing in these regulations may be construed as prohibiting the 
use of the designated frequency to communicate with shore stations to 
obtain or furnish information necessary for the safe navigation of 
vessels.
    (d) On the navigable waters of the United States, channel 13 (156.65 
MHz) is the designated frequency required to be monitored in accordance 
with Sec. 26.05(a) except that in the area prescribed in Sec.  
26.03(e), channel 67 (156.375 MHz) is the designated frequency.
    (e) On those navigable waters of the United States within a VTS 
area, the designated VTS frequency is an additional designated frequency 
required to be monitored in accordance with Sec. 26.05.

(85 Stat. 164; 33 U.S.C. 1201-1208; 49 CFR 1.46(n)(2))

[CGD 71-114R, 37 FR 12720, June 28, 1982, as amended by CGD 83-036, 48 
FR 30107, June 30, 1983; CGD 91-046, 57 FR 14486, Apr. 21, 1992; 57 FR 
21741, May 22, 1992; CGD 90-020, 59 FR 36323, July 15, 1994; CGD 95-033, 
60 FR 28329, May 31, 1995]



Sec. 26.05  Use of radiotelephone.

    Section 5 of the Act states that the radiotelephone required by this 
Act is for the exclusive use of the master or person in charge of the 
vessel, or the person designated by the master or person in charge to 
pilot or direct the movement of the vessel, who shall maintain a 
listening watch on the designated frequency. Nothing herein shall be 
interpreted as precluding the use of portable radiotelephone equipment 
to satisfy the requirements of this act.

[CGD 93-072, 59 FR 39963, Aug. 5, 1994]



Sec. 26.06  Maintenance of radiotelephone; failure of radiotelephone.

    Section 6 of the Act states:

    (a) Whenever radiotelephone capability is required by this Act, a 
vessel's radiotelephone equipment shall be maintained in effective 
operating condition. If the radiotelephone equipment carried aboard a 
vessel ceases to operate, the master shall exercise due diligence to 
restore it or cause it to be restored to effective operating condition 
at the earliest practicable time. The failure of a vessel's 
radiotelephone equipment shall not, in itself, constitute a violation of 
this

[[Page 107]]

Act, nor shall it obligate the master of any vessel to moor or anchor 
his vessel; however, the loss of radiotelephone capability shall be 
given consideration in the navigation of the vessel.



Sec. 26.07  Communications.

    No person may use the services of, and no person may serve as, a 
person required to maintain a listening watch under section 5 of the 
Act, 33 U.S.C. 1204, unless the person can communicate in the English 
language.

[CGD 90-020, 59 FR 36323, July 15, 1994, as amended by CGD 95-033, 60 FR 
28329, May 31, 1995]



Sec. 26.08  Exemption procedures.

    (a) The Commandant has redelegated to the Assistant Commandant for 
Marine Safety, Security and Environmental Protection, U.S. Coast Guard 
Headquarters, with the reservation that this authority shall not be 
further redelegated, the authority to grant exemptions from provisions 
of the Vessel Bridge-to-Bridge Radiotelephone Act and this part.
    (b) Any person may petition for an exemption from any provision of 
the Act or this part;
    (c) Each petition must be submitted in writing to U.S. Coast Guard, 
Marine Safety, Security and Environmental Protection, 2100 Second Street 
SW., Washington, DC 20593-0001, and must state:
    (1) The provisions of the Act or this part from which an exemption 
is requested; and
    (2) The reasons why marine navigation will not be adversely affected 
if the exemption is granted and if the exemption relates to a local 
communication system how that system would fully comply with the intent 
of the concept of the Act but would not conform in detail if the 
exemption is granted.

[CGD 71-114R, 37 FR 12720, June 28, 1972, as amended by CGD 73-256, 39 
FR 9176, Mar. 8, 1974; CGD 88-052, 53 FR 25119, July 1, 1988; CGD 95-
057, 60 FR 34150, June 30, 1995; CGD 96-026, 61 FR 33663, June 28, 1996; 
CGD 97-023, 62 FR 33362, June 19, 1997; USCG-2002-12471, 67 FR 41331, 
June 18, 2002]



Sec. 26.09  List of exemptions.

    (a) All vessels navigating on those waters governed by the 
navigation rules for Great Lakes and their connecting and tributary 
waters (33 U.S.C. 241 et seq.) are exempt from the requirements of the 
Vessel Bridge-to-Bridge Radiotelephone Act and this part until May 6, 
1975.
    (b) Each vessel navigating on the Great Lakes as defined in the 
Inland Navigational Rules Act of 1980 (33 U.S.C. 2001 et seq.) and to 
which the Vessel Bridge-to-Bridge Radiotelephone Act (33 U.S.C. 1201-
1208) applies is exempt from the requirements in 33 U.S.C. 1203, 1204, 
and 1205 and the regulations under Sec. Sec. 26.03, 26.04, 26.05, 
26.06, and 26.07. Each of these vessels and each person to whom 33 
U.S.C. 1208(a) applies must comply with Articles VII, X, XI, XII, XIII, 
XV, and XVI and Technical Regulations 1-9 of ``The Agreement Between the 
United States of America and Canada for Promotion of Safety on the Great 
Lakes by Means of Radio, 1973.''

[CGD 72-223R, 37 FR 28633, Dec. 28, 1972, as amended by CGD 74-291, 39 
FR 44980, Dec. 30, 1974; CGD 83-003, 48 FR 7442, Feb. 18, 1983; CGD 91-
046, 57 FR 14486, Apr. 21, 1992]



PART 27_ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR INFLATION--Table of 
Contents




Sec.
27.3 Penalty Adjustment Table.

    Authority: Secs. 1-6, Pub. L. 101-410, 104 Stat. 890, as amended by 
Sec. 31001(s)(1), Pub. L. 104-134, 110 Stat. 1321 (28 U.S.C. 2461 note); 
Department of Homeland Security Delegation No. 0170.1, sec. 2 (106).

    Source: CGD 96-052, 62 FR 16700, Apr. 8, 1997, unless otherwise 
noted.



Sec. 27.3  Penalty Table.

    Table 1 lists sections of the United States Code that authorize 
civil monetary penalties for laws administered by the Coast Guard. These 
penalties are assessable in either civil judicial or administrative 
proceedings. Table 1 is periodically amended to reflect relevant changes 
in the United States Code and to show adjustments in penalty amounts 
that are mandated by the

[[Page 108]]

Federal Civil Penalties Inflation Adjustment Act of 1990, as amended, 
but Table 1 will not reflect statutory changes that may take effect 
subsequent to the most recent amendment of Table 1. In any case of 
conflict between Table 1 and the current provisions of the United States 
Code or another Federal statute, the current Code or statutory provision 
is controlling.

                                        Table 1--Civil Monetary Penalties
----------------------------------------------------------------------------------------------------------------
                                                                                                     Inflation
                                                                                                    adjustments
             U.S. Code citation               Civil monetary penalty description     Statutory     per 1990 Act
                                                                                   penalty  ($)     as amended
                                                                                                        ($)
----------------------------------------------------------------------------------------------------------------
14 U.S.C. 88(c)............................  Saving Life and Property...........           5,000           6,500
14 U.S.C. 645(i)...........................  Confidentiality of Medical Quality            3,000           3,300
                                              Assurance Records (first offense).
14 U.S.C. 645(i)...........................  Confidentiality of Medical Quality           20,000          27,000
                                              Assurance Records (subsequent
                                              offenses).
16 U.S.C. 4711(g)(1).......................  Aquatic Nuisance Species in Waters           25,000          27,500
                                              of the United States.
19 U.S.C. 70...............................  Obstruction of Revenue Officers by            2,000           2,200
                                              Masters of Vessels.
19 U.S.C. 70...............................  Obstruction of Revenue Officers by              500             550
                                              Masters of Vessels--Minimum
                                              Penalty.
19 U.S.C. 1581(d)..........................  Failure to Stop Vessel When                   5,000            (**)
                                              Directed; Master, Owner, Operator
                                              or Person in Charge.
19 U.S.C. 1581(d)..........................  Failure to Stop Vessel When                   1,000            (**)
                                              Directed; Master, Owner, Operator
                                              or Person in Charge--Minimum
                                              Penalty.
33 U.S.C. 471..............................  Anchorage Ground/Harbor Regulations             100             110
                                              General.
33 U.S.C. 474..............................  Anchorage Ground/Harbor Regulations             200             220
                                              St. Mary's river.
33 U.S.C. 495(b)...........................  Bridges/Failure to Comply with              * 5,000           (***)
                                              Regulations.
33 U.S.C. 499(c)...........................  Bridges/Drawbridges................         * 5,000           (***)
33 U.S.C. 502(c)...........................  Bridges/Failure to Alter Bridge             * 5,000           (***)
                                              Obstructing Navigation.
33 U.S.C. 533(b)...........................  Bridges/Maintenance and Operation..         * 5,000           (***)
33 U.S.C. 1208(a)..........................  Bridge to Bridge Communication;                 500             650
                                              Master, Person in Charge or Pilot.
33 U.S.C. 1208(b)..........................  Bridge to Bridge Communication;                 500             650
                                              Vessel.
33 U.S.C. 1232(a)..........................  PWSA Regulations...................          25,000          32,500
33 U.S.C. 1236(b)..........................  Vessel Navigation: Regattas or                5,000           6,500
                                              Marine Parades; Unlicensed Person
                                              in Charge.
33 U.S.C. 1236(c)..........................  Vessel Navigation: Regattas or                5,000           6,500
                                              Marine Parades; Owner Onboard
                                              Vessel.
33 U.S.C. 1236(d)..........................  Vessel Navigation: Regattas or                2,500           2,750
                                              Marine Parades; Other Persons.
33 U.S.C. 1321(b)(6)(B)(i).................  Oil/Hazardous Substances:                    10,000          11,000
                                              Discharges (Class I per violation).
33 U.S.C. 1321(b)(6)(B)(i).................  Oil/Hazardous Substances:                    25,000          32,500
                                              Discharges (Class I total under
                                              paragraph).
33 U.S.C. 1321(b)(6)(B)(ii)................  Oil/Hazardous Substances:                    10,000          11,000
                                              Discharges (Class II per day of
                                              violation).
33 U.S.C. 1321(b)(6)(B)(ii)................  Oil/Hazardous Substances:                   125,000         157,500
                                              Discharges (Class II total under
                                              paragraph).
33 U.S.C. 1321(b)(7)(A)....................  Oil/Hazardous Substances:                    25,000          32,500
                                              Discharges (per day of violation)
                                              Judicial Assessment.
33 U.S.C. 1321(b)(7)(A)....................  Oil/Hazardous Substances:                     1,000           1,100
                                              Discharges (per barrel of oil or
                                              unit discharged) Judicial
                                              Assessment.
33 U.S.C. 1321(b)(7)(B)....................  Oil/Hazardous Substances: Failure            25,000          32,500
                                              to Carry Out Removal/Comply With
                                              Order (Judicial Assessment).
33 U.S.C. 1321(b)(7)(C)....................  Oil/Hazardous Substances: Failure            25,000          32,500
                                              to Comply with Regulation Issued
                                              Under 1321(j) (Judicial
                                              Assessment).
33 U.S.C. 1321(b)(7)(D)....................  Oil/Hazardous Substances:                     3,000           3,300
                                              Discharges, Gross Negligence (per
                                              barrel of oil or unit discharged)
                                              Judicial Assessment.
33 U.S.C. 1321(b)(7)(D)....................  Oil/Hazardous Substances:                   100,000         110,000
                                              Discharges, Gross Negligence-
                                              Minimum Penalty (Judicial
                                              Assessment).
33 U.S.C. 1322(j)..........................  Marine Sanitation Devices;                    2,000           2,200
                                              Operating.
33 U.S.C. 1322(j)..........................  Marine Sanitation Devices; Sale or            5,000           6,500
                                              Manufacture.
33 U.S.C. 1517(a)..........................  Deepwater Ports; Oil Discharge.....          10,000          11,000
33 U.S.C. 1608(a)..........................  International Navigation Rules;               5,000           6,500
                                              Operator.
33 U.S.C. 1608(b)..........................  International Navigation Rules;               5,000           6,500
                                              Vessel.
33 U.S.C. 1908(b)(1).......................  Pollution from Ships; General......          25,000          32,500

[[Page 109]]

 
33 U.S.C. 1908(b)(2).......................  Pollution from Ships; False                   5,000           6,500
                                              Statement.
33 U.S.C. 2072(a)..........................  Inland Navigation Rules; Operator..           5,000           6,500
33 U.S.C. 2072(b)..........................  Inland Navigation Rules; Vessel....           5,000           6,500
33 U.S.C. 2609(a)..........................  Shore Protection; General..........          25,000          32,500
33 U.S.C. 2609(b)..........................  Shore Protection; Operating Without          10,000          11,000
                                              Permit.
33 U.S.C. 2716a(a).........................  Oil Pollution Liability and                  25,000          32,500
                                              Compensation.
42 U.S.C. 9609(a)..........................  Hazardous Substances, Releases,              25,000          27,500
                                              Liability, Compensation (Class I).
42 U.S.C. 9609(b)..........................  Hazardous Substances, Releases,              25,000          27,500
                                              Liability, Compensation (Class II).
42 U.S.C. 9609(b)..........................  Hazardous Substances, Releases,              75,000          82,500
                                              Liability, Compensation (Class II
                                              subsequent offense).
42 U.S.C. 9609(c)..........................  Hazardous Substances, Releases,              25,000          27,500
                                              Liability, Compensation (Judicial
                                              Assessment).
42 U.S.C. 9609(d)..........................  Hazardous Substances, Releases,              75,000          82,500
                                              Liability, Compensation (Judicial
                                              Assessment subsequent offense).
46 U.S.C. App 1505(a)(2)...................  Safe Containers for International             5,000           6,500
                                              Cargo.
46 U.S.C. App 1805(c)(2)...................  Suspension of Passenger Service....          50,000          60,000
46 U.S.C. 2110(e)..........................  Vessel Inspection or Examination              5,000           6,500
                                              Fees.
46 U.S.C. 2115.............................  Alcohol and Dangerous Drug Testing.           5,000           5,500
46 U.S.C. 2302(a)..........................  Negligent Operations: Recreational            5,000           (***)
                                              Vessels.
46 U.S.C. 2302(a)..........................  Negligent Operations: Other Vessels          25,000           (***)
46 U.S.C. 2302(c)(1).......................  Operating a Vessel While Under the            5,000           5,500
                                              Influence of Alcohol or a
                                              Dangerous Drug.
46 U.S.C. 2306(a)(4).......................  Vessel Reporting Requirements:                5,000           6,500
                                              Owner, Charterer, Managing
                                              Operator, or Agent.
46 U.S.C. 2306(b)(2).......................  Vessel Reporting Requirements:                1,000           1,100
                                              Master.
46 U.S.C. 3102(c)(1).......................  Immersion Suits....................           5,000           6,500
46 U.S.C. 3302(i)(5).......................  Inspection Permit..................           1,000           1,100
46 U.S.C. 3318(a)..........................  Vessel Inspection; General.........           5,000           6,500
46 U.S.C. 3318(g)..........................  Vessel Inspection; Nautical School            5,000           6,500
                                              Vessel.
46 U.S.C. 3318(h)..........................  Vessel Inspection; Failure to Give            1,000           1,100
                                              Notice IAW 3304(b).
46 U.S.C. 3318(i)..........................  Vessel Inspection; Failure to Give            1,000           1,100
                                              Notice IAW 3309(c).
46 U.S.C. 3318(j)(1).......................  Vessel Inspection; Vessel = 1600 Gross Tons.
46 U.S.C. 3318(j)(1).......................  Vessel Inspection; Vessel < 1600              2,000           2,200
                                              Gross Tons.
46 U.S.C. 3318(k)..........................  Vessel Inspection; Failure to                10,000          11,000
                                              Comply with 3311(b).
46 U.S.C. 3318(l)..........................  Vessel Inspection; Violation of               5,000           6,500
                                              3318(b)-3318(f).
46 U.S.C. 3502(e)..........................  List/count of Passengers...........             100             110
46 U.S.C. 3504(c)..........................  Notification to Passengers.........          10,000          11,000
46 U.S.C. 3504(c)..........................  Notification to Passengers; Sale of             500             650
                                              Tickets.
46 U.S.C. 3506.............................  Copies of Laws on Passenger                     200             220
                                              Vessels; Master.
46 U.S.C. 3718(a)(1).......................  Liquid Bulk/Dangerous Cargo........          25,000          32,500
46 U.S.C. 4106.............................  Uninspected Vessels................           5,000           6,500
46 U.S.C. 4311(b)(1).......................  Recreational Vessels (maximum for           250,000           (***)
                                              related series of violations).
46 U.S.C. 4311(b)(1).......................  Recreational Vessels; Violation of            5,000           (***)
                                              4307(a).
46 U.S.C. 4311(c)..........................  Recreational vessels...............           1,000           1,100
46 U.S.C. 4507(a)..........................  Uninspected Commercial Fishing                5,000           6,500
                                              Industry Vessels.
46 U.S.C. 4703.............................  Abandonment of Barges..............           1,000           1,100
46 U.S.C. 5116(a)..........................  Load Lines.........................           5,000           6,500
46 U.S.C. 5116(b)..........................  Load Lines; Violation of 5112(a)...          10,000          11,000
46 U.S.C. 5116(c)..........................  Load Lines; Violation of 5112(b)...           5,000           6,500
46 U.S.C. 6103(a)..........................  Reporting Marine Casualties........          25,000          27,500
46 U.S.C. 6103(b)..........................  Reporting Marine Casualties;                  5,000           6,500
                                              Violation of 6104.
46 U.S.C. 8101(e)..........................  Manning of Inspected Vessels;                 1,000           1,100
                                              Failure to Report Deficiency in
                                              Vessel Complement.
46 U.S.C. 8101(f)..........................  Manning of Inspected Vessels.......          10,000          11,000
46 U.S.C. 8101(g)..........................  Manning of Inspected Vessels;                10,000          11,000
                                              Employing or Serving in Capacity
                                              not Licensed by USCG.
46 U.S.C. 8101(h)..........................  Manning of Inspected Vessels;                 1,000           1,100
                                              Freight Vessel < 100 GT, Small
                                              Passenger Vessel, or Sailing
                                              School Vessel.
46 U.S.C. 8102(a)..........................  Watchmen on Passenger Vessels......           1,000           1,100
46 U.S.C. 8103(f)..........................  Citizenship Requirements...........             500             650
46 U.S.C. 8104(i)..........................  Watches on Vessels; Violation of             10,000          11,000
                                              8104(a) or (b).

[[Page 110]]

 
46 U.S.C. 8104(j)..........................  Watches on Vessels; Violation of             10,000          11,000
                                              8104(c), (d), (e), or (h).
46 U.S.C. 8302(e)..........................  Staff Department on Vessels........             100             110
46 U.S.C. 8304(d)..........................  Officer's Competency Certificates..             100             110
46 U.S.C. 8502(e)..........................  Coastwise Pilotage; Owner,                   10,000          11,000
                                              Charterer, Managing Operator,
                                              Agent, Master or Individual in
                                              Charge.
46 U.S.C. 8502(f)..........................  Coastwise Pilotage; Individual.....          10,000          11,000
46 U.S.C. 8503.............................  Federal Pilots.....................          25,000          32,500
46 U.S.C. 8701(d)..........................  Merchant Mariners Documents........             500             650
46 U.S.C. 8702(e)..........................  Crew Requirements..................          10,000          11,000
46 U.S.C. 8906.............................  Small Vessel Manning...............          25,000          27,500
46 U.S.C. 9308(a)..........................  Pilotage: Great Lakes; Owner,                10,000          11,000
                                              Charterer, Managing Operator,
                                              Agent, Master or Individual in
                                              Charge.
46 U.S.C. 9308(b)..........................  Pilotage: Great Lakes; Individual..          10,000          11,000
46 U.S.C. 9308(c)..........................  Pilotage: Great Lakes; Violation of          10,000          11,000
                                              9303.
46 U.S.C. 10104(b).........................  Failure to Report Sexual Offense...           5,000           6,500
46 U.S.C. 10314(a)(2)......................  Pay Advances to Seamen.............             500             650
46 U.S.C. 10314(b).........................  Pay Advances to Seamen;                         500             650
                                              Remuneration for Employment.
46 U.S.C. 10315(c).........................  Allotment to Seamen................             500             650
46 U.S.C. 10321............................  Seamen Protection; General.........           5,000           5,500
46 U.S.C. 10505(a)(2)......................  Coastwise Voyages: Advances........           5,000           5,500
46 U.S.C. 10505(b).........................  Coastwise Voyages: Advances;                  5,000           5,500
                                              Remuneration for Employment.
46 U.S.C. 10508(b).........................  Coastwise Voyages: Seamen                     5,000           5,500
                                              Protection; General.
46 U.S.C. 10711............................  Effects of Deceased Seamen.........             200             220
46 U.S.C. 10902(a)(2)......................  Complaints of Unfitness............             500             650
46 U.S.C. 10903(d).........................  Proceedings on Examination of                   100             110
                                              Vessel.
46 U.S.C. 10907(b).........................  Permission to Make Complaint.......             500             650
46 U.S.C. 11101(f).........................  Accommodations for Seamen..........             500             650
46 U.S.C. 11102(b).........................  Medicine Chests on Vessels.........             500             650
46 U.S.C. 11104(b).........................  Destitute Seamen...................             100             110
46 U.S.C. 11105(c).........................  Wages on Discharge.................             500             650
46 U.S.C. 11303(a).........................  Log Books; Master Failing to                    200             220
                                              Maintain.
46 U.S.C. 11303(b).........................  Log Books; Master Failing to Make               200             220
                                              Entry.
46 U.S.C. 11303(c).........................  Log Books; Late Entry..............             150             165
46 U.S.C. 11506............................  Carrying of Sheath Knives..........              50              65
46 U.S.C. 12122(a).........................  Vessel Documentation...............          10,000          11,000
46 U.S.C. 12122(c).........................  Vessel Documentation; Fishery               100,000         110,000
                                              Endorsement.
46 U.S.C. 12309(b).........................  Numbering of Undocumented Vessels..           1,000           1,100
46 U.S.C. 12507(b).........................  Vessel Identification System.......          10,000          11,000
46 U.S.C. 14701............................  Measurement of Vessels.............          20,000          27,000
46 U.S.C. 14702............................  Measurement; False Statements......          20,000          27,000
46 U.S.C. 31309............................  Commercial Instruments and Maritime          10,000          11,000
                                              Liens.
46 U.S.C. 31330(a)(2)......................  Commercial Instruments and Maritime          10,000          11,000
                                              Liens; Mortgagor.
46 U.S.C. 31330(b)(2)......................  Commercial Instruments and Maritime          25,000          27,500
                                              Liens; Violation of 31329.
46 U.S.C. 70119............................  Port Security......................          25,000           (***)
49 U.S.C. 5123(a)(1).......................  Hazardous Materials: Related to              25,000          32,500
                                              Vessels.
49 U.S.C. 5123(a)(1).......................  Hazardous Materials: Related to                 250            275
                                              Vessels--Minimum Penalty.
----------------------------------------------------------------------------------------------------------------
* These penalties will increase in accordance with the statute to: $10,000 in 2005, $15,000 in 2006, $20,000 in
  2007, and $25,000 in 2008 and thereafter.
** Enacted under the Tariff Act of 1930, exempt from inflation adjustments.
*** These penalties did not qualify for an adjustment under the rounding rules of the Act.


[USCG-2003-15486, 70 FR 17, Jan. 3, 2005]

[[Page 111]]

                                  INDEX

                            SUBCHAPTER A_GENERAL

  Editorial Note: This listing is provided for informational purposes 
only. It is compiled and kept up-to-date by the Coast Guard, Department 
of Homeland Security, and is revised through July 1, 2006.

                                                                 Section

                                 A

Acceptance and disbursement of gifts.............................17.05-5
Acceptance of facilities............................................5.39
Acceptance of offer of settlement.................................25.129
Access to vessels and waterfront facilities.......................6.10-5
Action by claimant................................................25.111
Action on appeals................................................1.07-75
Additional response...............................................20.602
Administration......................................................5.07
Administrative Law Judges (ALJ)........................Part 20-subpart B
Admiralty..............................................Part 25-subpart B
Admissibility of evidence.........................................20.802
Admission to membership.............................................5.15
Advance notice of proposed rulemaking (ANPRM)....................1.05-30
Advancement.........................................................5.23
ALJ...............................................................20.902
Alternative dispute resolution....................................20.503
Amendment or supplementation of filed documents...................20.305
Amount claimed....................................................25.513
Appeal............................................................25.409
Appeals..................................1.07-70, 6.10-9, 25.125, 25.409
Applicability...............................................1.08-1, 27.1
Application for membership..........................................5.13
Applications and recommendations................................13.01-15
Approval of facility for dangerous cargo..........................6.12-3
Areas, Atlantic and Pacific...............................3.04-1, 3.04-3
Assessment limitation on claims...................................25.709
Assignment of functions...........................................3.01-5
Assignment of.....................................................20.201
Assignments...................................................5.27, 5.29
Assistance of other agencies.....................................6.04-11
Authority and power.................................................5.31
Authority to receive gifts......................................17.01-10
Authority, delegation of............................................1.01
Auxiliary ensign....................................................5.47
Auxiliary patrol boat ensign........................................5.48
Availability of decisions........................................20.1103
Availability of Information...............................1.10-1, 1.10-5

                                 B

Bridge Permits...................................................1.01-60
Bridge-to-Bridge Radiotelephone Regulations for Vessels..........Part 26

[[Page 112]]

Burden of proof...................................................20.702

                                 C

Captains of the Port.............................................1.01-30
CERCLA...........................................................1.01-70
Charges and Fees for Certain Records and Services...........Subpart 1.25
Charges, fees or sales, payment of......................1.25-80, 1.26-25
Chronological record of seaman's previous employment...............19.07
Civil and criminal penalties.....................................1.07-95
Civil and Criminal Penalty Proceedings...............Part 1-subpart 1.07
Civil Monetary Penalties, Adjusted for Inflation.................Part 27
Civil penalty appeals decisions..................................20.1004
Claimants excluded................................................25.505
Claimants excluded................................................25.505
Claims Not Cognizable Under Other Law..................Part 25-subpart F
Claims not payable.........25.205, 25.405, 25.509,25.605, 25.735, 25.805
Claims payable............25.203, 25.403, 25.507, 25.603, 25.703, 25.803
Class II Civil Penalties.........................................Part 20
Closing of the record.............................................20.709
Coast Guard Aircraft and Vessels, Distinctive Markings...........Part 23
Coast Guard Areas, Districts, Marine Inspection Zones, and Captain 
of the Port Zones.................................................Part 3
Coast Guard Auxiliary.............................................Part 5
Coast Guard commission pennant.....................................23.20
Coast Guard emblem.................................................23.10
Coast Guard ensign.................................................23.15
Coast Guard General Gift Fund....................................Part 17
Coast Guard identifying insignia...................................23.12
Coast Guard Reserve...............................................Part 8
Collection of civil penalties....................................1.07-85
Commissioned, warrant, and petty officers........................1.01-90
Communications.....................................................26.07
Compensation........................................................5.55
Complaint.........................................................20.307
Computation of time...............................................20.306
Condition of waterfront facility (a danger to vessel(s))..........6.14-2
Conferences and Settlements............................Part 20-subpart E
Conferences.......................................................20.501
Confidential treatment, request for..............................1.07-35
Consolidation or severance of.....................................20.403
Constructive or actual loss.........................................5.53
Contents of claims................................................25.113
Counsel..........................................................1.07-40
Criminal penalties...............................................1.07-90

                                 D

Damaged equipment or facilities.....................................5.51
Decisions, maintenance of.........................................2.10-1
Decisions, subject to change or modification.....................2.10-10
Decoration, Medals, Ribbons, and Similar Devices.................Part 13
Definitions...........1.07-5, 2.05-1, 2.05-5, 2.05-10, 2.05.15, 2.05-20, 
              2.05-25, 2.05-27, 2.05-30, 2.05-35, 5.01, 6.01, 13.01-20, 
                                                           25.105, 26.02
Delegation of authority...........................................25.131
Depositions.......................................................20.605
Description of gold and silver bars.............................13.01-35
Description of Gold Lifesaving Medal............................13.01-25
Description of Silver Lifesaving Medal..........................13.01-30

[[Page 113]]

Description, general..............................................3.01-1
Direct final rule................................................1.05-55
Disclosure of evidence...........................................1.07-30
Discovery..............................................Part 20-subpart F
Disenrollment.......................................................5.17
Display.............................................................4.02
District Commander................................................1.01-1
District Commander, Seventeenth CGD..............................1.01-50
Districts.........................................................Part 3
Documentation/inspection requests.................................20.604
Documents, issuance of and employment of persons on board vessels 
                                                                  6.10-1

                                 E

Effect of other payments to claimant..............................25.121
Effective date......................................................27.2
Eighth Coast Guard District.........................................3.40
Eleventh Coast Guard District.......................................3.55
Eligibility for membership..........................................5.09
Emergencies.........................................................5.41
Enforcement.......................................................6.04-1
Establishing security zones.......................................6.04-6
Evidence...............................................Part 20-subpart H
Evidence supporting a claim.......................................25.115
Ex parte communications...........................................20.205
Exceptions.......................................................1.25-30
Exemption procedures...............................................26.08
Exhibits and documents............................................20.807

                                 F

Facilities, offer, acceptance, use, and return of......5.37, 5.39, 5.35, 
                                                                    5.45
Failure to appear.................................................20.705
Federal Tort Claims....................................Part 25-subpart C
Fees for services to the public..................................1.25-40
Fifth Coast Guard District..........................................3.25
Filing of documents and other materials...........................20.302
Final rule.......................................................1.05-50
Finality.........................................................20.1101
Finality, Petition for Hearing and Availability of Orders...........Part 
                                                            20-subpart K
First Coast Guard District..........................................3.05
Foreign Claims.........................................Part 25-subpart E
Form and content of filed documents...............................20.303
Fourteenth Coast Guard District.....................................3.70
Functions............................................................8.1
FWPCA and OPA 90.................................................1.01-80

                                 G

General supervision and control...................................6.12-1
General.................................13.01-1, 20.601, 20.801, 20.1001
Gold and silver bars............................................13.01-10
Gold and Silver Lifesaving Medals................................13.01-5

                                 H

Hearing Officer..................................................1.07-15
Hearing Officer's decisions......................................1.07-65
Hearing procedures...............................................1.07-55
Hearings...............................................Part 20-subpart G

[[Page 114]]

Hearings, location and change of venue...........................1.07-45
Hearings, reopening of...........................................1.07-80
Hearsay...........................................................20.803
Honorary members....................................................5.25

                                 I

Identification credentials........................................6.10-7
Information and assistance........................................25.103
Information, Coast Guard Reserve.....................................8.7
Initiation of.....................................................20.401
Initiation of action.............................................1.07-20
Insignia............................................................5.63
Instruction for administration..................................17.05-10
Insurance and other subrogated claims.............................25.109
Interested parties................................................20.404
Interim final rule...............................................1.05-45
Interrogatories...................................................20.603

                                 J

Jurisdiction......................................................Part 2

                                 L

Limitations of rights, privileges, and benefits.....................5.69
List of exemptions.................................................26.09

                                 M

Maintenance of radiotelephone; failure of..........................26.06
Marine Safety and Security Council................................1.05-5
Medals..............................................................5.65
Medals, replacement of............................................1.26-5
Medical treatment and hospitalization...............................5.59
Membership to military organizations................................5.11
Military Claims........................................Part 25-subpart D
Miniature medals and bars.......................................13.01-40
Motions to quash or modify........................................20.609

                                 N

Negotiated rulemaking............................................1.05-60
Ninth Coast Guard District..........................................3.45
Notice of proposed rulemaking (NPRM).............................1.05-35
Notice of violation..............................................1.07-11

                                 O

Objections and offers of proof....................................20.804
Oceanographic research...........................................1.25-48
Officer in Charge, Marine Inspection.............................1.01-20
Official notice...................................................20.806
OMB control numbers...............................................Part 4
Organization of......................................................8.3
Organization........................................................5.05

                                 P

Penalty adjustment table............................................27.3
Penalty............................................................23.30

[[Page 115]]

Permits for commercial vessels handling explosives at Military 
installations......................................................19.15
Petitions for rulemaking.........................................1.05-20
Petitions to set aside a decision and provide a hearing..........20.1102
Pleadings and Motions..................................Part 20-subpart C
Pollution Removal Damage Claims........................Part 25-subpart H
Powers............................................................20.202
Preliminary matters..............................................1.07-25
Presumptions......................................................20.703
Procedure.........................................................25.303
Procedures for appeal............................................20.1003
Procedures for effecting individual waivers........................19.01
Procedures........................................................1.08-5
Proceedings............................................Part 20-subpart D
Processing and settlement of claims in foreign countries..........25.135
Proof of amount claimed for loss of, or damage to, property.......25.119
Proof of amount claimed for personal injury or death..............25.117
Proper claimants..................................................25.503
Proposed findings, closing arguments and briefs...................20.710
Proprietary information...........................................20.805
Protection and security of vessels, harbors, and waterfront 
facilities........................................................Part 6
Protective order..................................................20.606
Public docket....................................................1.05-25
Public notice.....................................................20.402
Public vessels, aircraft, and radio stations........................5.43
Purpose of subpart................................................25.101
Purpose................1.07-1, 1.25-1, 1.26-1, 2.01-1, 4.01, 5.03, 26.01

                                 R

Radiotelephone required............................................26.03
Ranks, titles, designations, or grades..............................5.21
Reconsideration...................................................25.127
Record of proceedings.............................................20.903
Record on appeal.................................................20.1002
Records..........................................................1.07-60
Re-delegation of authority........................................25.133
Re-delegation....................................................1.01-85
Regulations for......................................................8.5
Regulatory process overview......................................1.05-10
Reimbursement for expenses..........................................5.49
Reopening.........................................................20.904
Replacement of medals and bars..................................13.01-45
Reporting and investigation......................................1.07-10
Representation....................................................20.301
Rulemaking........................................................1.05-1
Rulemaking, delegation of authority...............................1.05-1

                                 S

Sabotage and subversive activity, reporting of....................6.16-1
Sabotage, precautions against.....................................6.16-3
Safety measures...................................................6.14.1
Sales of non-excess personal property and services...............1.26-15
Sales to Coast Guard Auxiliary...................................1.26-10
Sales to eligible foreign governments............................1.26-20
Sanctions for failure to comply...................................20.607
Scheduling and notice of hearing..................................20.704
Scope......25.201, 25.301, 25.401, 26.01, 25.501, 25.601, 25.701, 25.801

[[Page 116]]

Separation of functions...........................................20.206
Service of documents..............................................20.304
Settlement and notice to claimant.................25.123, 25.515, 25.609
Settlement........................................................20.502
Seventeenth Coast Guard District....................................3.85
Seventh Coast Guard District........................................3.35
Special admeasurement services...................................1.25-45
Standard of proof.................................................20.701
Stipulations......................................................20.809
Subpoenas.........................................................20.608
Summary decision..................................................20.901
Summons in lieu of seizure of commercial fishing vessels........1.07-100
Supplemental notice of proposed rulemaking (SNPRM)...............1.05-40

                                 T

Telephonic testimony..............................................20.707
Testimony by Coast Guard personnel and production of records in 
legal proceedings.................................................1.20-1
Thirteenth Coast Guard District.....................................3.65
Time limitation on claims.........25.207, 25.407, 25.511, 25.607, 25.707
Training............................................................5.19
Traveling expenses and per diem.....................................5.57

                                 U

Unavailability....................................................20.203
Uniform Code of Military Justice, Article 139..........Part 25-subpart G
Uniforms............................................................5.61
Use of radiotelephone..............................................26.05
Use of the designated frequency....................................26.04

                                 V

Vessel traffic service, Call signs..............................26.03(f)
Vessel types................................................19.04, 19.06
Vice Commandant..................................................1.01-40
Violations........................................................6.18-1

                                 W

Waivers of Navigation and Vessel Inspection Laws and Regulations 
                                                                 Part 19
Warnings, written by Coast Guard boarding officers...Part 1-subpart 1.08
Where and when displayed, Distinctive vessel/aircraft markings.....23.05
Withdrawal or disqualification....................................20.204
Witness fees......................................................20.708
Witnesses.........................................................20.706
Written testimony.................................................20.808

[[Page 117]]



                         SUBCHAPTER B_PERSONNEL





PART 40_CADETS OF THE COAST GUARD--Table of Contents




    Authority: 14 U.S.C. 182 and 633; 49 CFR 1.46(b))



Sec. 40.1  Program for appointing cadets.

    The Coast Guard conducts a program for appointing qualified men and 
women as cadets who are admitted to the Coast Guard Academy, New London, 
Connecticut. The Superintendent of the Coast Guard Academy tenders 
appointments on the basis of previous academic performance, reported 
College Entrance Examination Board or American College Testing scores, 
and the findings of a Cadet Candidate Evaluation Board, consisting of 
Coast Guard officers appointed by the Superintendent of the Coast Guard 
Academy, which reviews each applicant's personal qualifications. In 
addition, a Service Academy Medical Examination must be satisfactorily 
completed before appointment. Applications must be submitted on Coast 
Guard form CG-4151. This form, along with additional information on the 
Cadet appointment program, may be obtained from the Director of 
Admissions, U.S. Coast Guard Academy, New London, CT 06320.

[CGD 81-004, 46 FR 4912, Jan. 19, 1981, as amended by USCG-1999-5832, 64 
FR 34712, June 29, 1999]



PART 45_ENLISTMENT OF PERSONNEL--Table of Contents




Sec.
45.1 Enlistment of personnel.
45.2 Records of enlistment of former service members.

    Authority: 14 U.S.C. 351, 371; Pub. L. 107-296, 116 Stat. 2135; 49 
CFR 1.46(b).

    Source: CGD 82-087, 50 FR 13318, Apr. 4, 1985, unless otherwise 
noted.



Sec. 45.1  Enlistment of personnel.

    (a) The Coast Guard is a military service which operates within the 
Department of Homeland Security. All personnel enlisted in the Coast 
Guard are subject to the Uniform Code of Military Justice.
    (b) Any person desiring to enlist in the Coast Guard should apply at 
a Coast Guard Recruiting Office, or direct inquiries to, Coast Guard 
Recruiting Center, 4200 Wilson Boulevard, Suite 450, Arlington, VA 
22203. Enlistments in the Coast Guard shall be for general service and 
enlisted persons may be transferred as necessary from one unit to 
another. Original enlistments will be made only at regular recruiting 
offices unless otherwise directed by the Commandant. An original 
enlistment is the enlistment of an individual who has not had previous 
service in the Regular Coast Guard. In processing an application for 
enlistment, the Coast Guard will determine the mental, moral and 
physical fitness of the applicant through reference to local police 
files, character references, employers, school authorities and physical 
and mental examinations. Concealment of any fact, circumstance or 
condition existing prior to enlistment which would render the applicant 
ineligible for enlistment may subject the applicant to criminal 
penalties under the Uniform Code of Military Justice and/or 
administrative separation from the Coast Guard.

[CGD 82-087, 50 FR 13318, Apr. 4, 1985, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996; USCG-2003-14505, 68 FR 9535, Feb. 28, 2003]



Sec. 45.2  Records of enlistment of former service members.

    Former members who have any questions about their service or who 
need information regarding their service should contact the nearest 
Coast Guard Recruiting Office or Coast Guard Recruiting Center, 4200 
Wilson Boulevard, Suite 450, Arlington, VA 20203.

[CGD 82-087, 50 FR 13318, Apr. 4, 1985, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996]

[[Page 118]]



PART 49_PAYMENT OF AMOUNTS DUE MENTALLY INCOMPETENT COAST GUARD PERSONNEL
--Table of Contents




                    Subpart 49.01_General Provisions

Sec.
49.01-1 Applicability.
49.01-5 Requests for appointment of trustee.
49.01-10 Determination of incompetency.

                          Subpart 49.05_Trustee

49.05-1 Appointment of trustee.
49.05-5 Bonding of trustee.
49.05-10 Affidavits required.

                    Subpart 49.10_Reports and Moneys

49.10-1 Reports required.
49.10-5 Payment of moneys due.
49.10-10 Cessation of payments.
49.10-15 Final accounting by trustee.

                  Subpart 49.15_Additional instructions

49.15-1 Implementing instructions.

    Authority: Secs. 1, 2, 3, 4, 64 Stat. 249, 250; 37 U.S.C. 351, 352, 
353, 354.

    Source: CGFR 51-48, 16 FR 10636, Oct. 18, 1951, unless otherwise 
noted.



                    Subpart 49.01_General Provisions



Sec. 49.01-1  Applicability.

    The Commandant of the Coast Guard is hereby designated and is 
authorized to appoint, in his discretion, the person or persons who may 
receive active-duty pay and allowances, amounts due for accumulated or 
accrued leave, or any retired or retainer pay, otherwise payable to 
personnel on the active or retired list of the Coast Guard and Coast 
Guard Reserve, entitled to Federal pay either on the active or any 
retired list of said service, who, in the opinion of competent medical 
authority, have been determined to be mentally incapable of managing 
their own affairs, and for whom no legal committee, guardian, or other 
representative has been appointed by a court of competent jurisdiction.



Sec. 49.01-5  Requests for appointment of trustee.

    Requests for the appointment of a person or persons to receive 
moneys due personnel believed to be mentally incapable of managing their 
own affairs shall be submitted to the Commandant of the Coast Guard:
    (a) By any person or persons who believe, because of relationship, 
they should be appointed to receive payments on behalf of the alleged 
incompetent;
    (b) By the Commanding Officer of the alleged incompetent if the 
latter is on active duty;
    (c) By the Commanding Officer of any Armed Forces hospital in which 
the mentally incompetent is undergoing treatment;
    (d) By the head of any veterans' hospital, or other public or 
private institution in which the alleged incompetent is undergoing 
treatment;
    (e) By any other person or organization acting for and in the best 
interests of the alleged mentally incompetent.



Sec. 49.01-10  Determination of incompetency.

    After examining the legitimacy, substance, and sufficiency of the 
application, the Commandant shall either (a) direct the Commanding 
Officer of the alleged mentally incompetent, (b) the Commanding Officer 
of the Coast Guard unit to which such incompetent may be conveniently 
referred, or (c) request the Surgeon General of the Public Health 
Service to convene or appoint, at the Public Health Hospital or 
facility, where the alleged incompetent is receiving treatment or to 
which his case may be conveniently referred, a board of not less than 
three qualified medical officers, one of whom shall be specially 
qualified in the treatment of mental disorders, to determine whether the 
alleged incompetent is capable of managing his own affairs. The record 
of proceedings, and the findings of the board shall, after action by the 
Convening or Appointive Authority thereon, be forwarded to the 
Commandant.



                          Subpart 49.05_Trustee



Sec. 49.05-1  Appointment of trustee.

    Upon receipt of a finding by a board convened or appointed in 
accordance with Sec. 49.01-10, that the alleged incompetent is mentally 
incapable of managing his own affairs, the Commandant may appoint a 
suitable person or persons, not under legal disability so to

[[Page 119]]

act, as trustee or trustees to receive in behalf of the incompetent all 
amounts due the incompetent from such sources set forth in Sec. 49.01-
1, and to use said funds in the best interests of the incompetent.



Sec. 49.05-5  Bonding of trustee.

    The trustee or trustees appointed to receive moneys in behalf of 
incompetent personnel shall furnish a bond in all cases when the amounts 
to be received may be expected to exceed $1,000, and in such other cases 
when deemed appropriate by the Commandant. The bond so required and 
furnished shall have as surety a company approved by the Federal 
Government, and shall be in such amount as is required by the 
Commandant. Such bonds shall be continued in effect for the life of 
trusteeship and expenses in connection with the furnishing and renewal 
of such bonds may be paid out of sums due the incompetent.



Sec. 49.05-10  Affidavits required.

    The trustee or trustees appointed to receive moneys due incompetent 
personnel shall, prior to the payment of any such moneys, execute and 
file with the Commandant an affidavit or affidavits saying and deposing 
that any moneys henceforth received by virtue of such appointment shall 
be applied solely to the use and benefit of the incompetent and that no 
fee, commission, or charge shall be demanded, or in any manner accepted, 
for any service or services rendered in connection with such appointment 
as trustee or trustees.



                    Subpart 49.10_Reports and Moneys



Sec. 49.10-1  Reports required.

    The trustee or trustees so appointed shall submit reports annually, 
or at such other times as the Commandant may designate. The report shall 
show a statement of the conditions of the trust account at the time of 
the submission of the report, including all funds received on behalf of 
the incompetent; all expenditures made in behalf of the incompetent, 
accompanied by receipts or vouchers covering such expenditures; and a 
receipt indicating that the surety bond required by Sec. 49.05-5 has 
been renewed. When the trustee is the spouse or adult dependent of the 
incompetent, receipts or vouchers need not be filed for expenditures 
made for living expenses. If the trustee or trustees fail to report 
promptly and properly at the end of any annual period or at such other 
times as the Commandant desires, the Commandant may, in his discretion, 
cause payment to such trustee or trustees to cease, and may, if deemed 
advisable, appoint another person or persons not under legal disability 
so to act, to receive future payments of moneys due the incompetent for 
the use and benefit of the incompetent.



Sec. 49.10-5  Payment of moneys due.

    Upon the appointment of a trustee or trustees to receive moneys due 
an incompetent, the authorized certifying officer having custody of that 
person's pay record shall be advised. After such notification, payments 
of moneys due the incompetent may be made by the appropriate officer in 
accordance with procedure prescribed by the Commandant. All such 
payments so made, however, shall be made to the designated trustee or 
trustees.



Sec. 49.10-10  Cessation of payments.

    (a) Payments of amounts due incompetent personnel shall cease to be 
paid to the trustee or trustees upon receipt of notification by the 
authorized certifying officer of the occurrence of any of the following:
    (1) Death of the incompetent;
    (2) Death or disability of the trustee or trustees appointed;
    (3) Receipt of notice that a committee, guardian, or other legal 
representative has been appointed for the incompetent by a court of 
competent jurisdiction;
    (4) Failure of the trustee or trustees to render the reports 
required by Sec. 49.10-1;
    (5) That there is probable cause to believe that moneys received on 
behalf of the incompetent have been, or are being, improperly used;
    (6) A finding by a board of medical officers that the heretofore 
incompetent is mentally capable of managing his own affairs;

[[Page 120]]

    (7) That the Commandant deems it to be in the best interest of the 
incompetent.
    (b) In the event of termination of payments under paragraphs (a)(2), 
(4), (5), or (7) of this section, the Commandant may, if deemed 
appropriate, appoint a successor trustee or trustees. The successor 
trustee or trustees, so appointed, shall comply with the provisions of 
the regulations and instructions in this part issued thereunder, and do 
all acts in the manner required of the original trustee or trustees.



Sec. 49.10-15  Final accounting by trustee.

    The trustee or trustees, when payments, hereunder are terminated, 
shall file a final account with the said Commandant. Thereupon, the 
trustee or trustees will be discharged and the surety released. In event 
of death or disability of the trustee, the final accounting will be 
filed by his legal representative.



                  Subpart 49.15_Additional Instructions



Sec. 49.15-1  Implementing instructions.

    The Commandant is hereby authorized to issue such instructions not 
in conflict with the regulations in this part as may be necessary from 
time to time to give full force and effect thereto.



PART 50_COAST GUARD RETIRING REVIEW BOARD--Table of Contents




Sec.
50.1 Establishment and duties of Board.
50.2 Composition of Board.
50.3 Request for review.
50.4 Presentation of case.
50.5 Action by the Board.
50.6 Notification of final action.

    Authority: Sec. 8, 18 Stat. 127, as amended, sec. 302, 58 Stat. 287, 
as amended; 14 U.S.C. 92, 38 U.S.C. 693i.
    Note: For the text of waivers of navigation and vessel inspection 
laws and regulations, see Part 19 of this chapter.



Sec. 50.1  Establishment and duties of Board.

    (a) A Retiring Review Board, referred to in this part as the Board, 
is hereby established in the Coast Guard.
    (b) It will be the duty of the Board to review, at the request of 
any Coast Guard officer retired or released to inactive service, without 
pay, for physical disability, pursuant to the decision of a retiring 
board, the findings and decision of the retiring board. The term 
``retired or released to inactive service'' includes every kind of 
separation from the service.
    (c) After reviewing the findings and decision of a retiring board 
the Board will affirm or reverse, in whole or in part, the findings and 
decision of the retiring board.
    (d) In carrying out its duties the Board shall have the same powers 
as exercised by, or vested in, the retiring board whose findings and 
decision are being reviewed.

[10 FR 5650, May 17, 1945]



Sec. 50.2  Composition of Board.

    (a) The Board will be composed of five commissioned officers 
designated for each case from a panel appointed by the Commandant. The 
senior Coast Guard members of the panel will designate the members of 
the Board for each case, three of whom shall be officers of the Coast 
Guard and two of whom shall be officers of the Public Health Service.
    (b) The senior Coast Guard member of the Board will be President and 
the junior Coast Guard member will be Recorder.
    (c) The Board will convene at the time and place designated by the 
President for each case, and will recess and adjourn at his order.

[10 FR 5650, May 17, 1945. Redesignated at 13 FR 7303, Nov. 30, 1948, as 
amended by CGFR 53-12, 18 FR 2953, May 22, 1953]



Sec. 50.3  Request for review.

    (a) Any officer of the Coast Guard who is retired or released to 
inactive service, without pay, for a physical disability, pursuant to 
the decision of a Coast Guard retiring board, may request a review of 
the findings and decision of the retiring board.
    (b) An application requesting a review must be in writing and shall 
be addressed to the Retiring Review Board, Coast Guard Headquarters,

[[Page 121]]

Washington D.C. 20226. Forms for application for review will be provided 
upon request.
    (c) An application requesting a review shall contain:
    (1) The full name of the applicant;
    (2) The mailing address of the applicant;
    (3) A brief statement setting out the basis of the request for 
review, showing in general the nature of error or inequity believed to 
have occurred in the findings and decision of the retiring board;
    (4) The corrective action requested;
    (5) Whether the applicant desires to appear before the Board in 
person;
    (6) Whether the applicant will be represented by counsel, and if so, 
the name and address of counsel.
    (d) No request for review shall be valid, and the Board will not 
consider an application, unless filed within fifteen years after the 
date of retirement for disability, or after the effective date of the 
act of June 22, 1944, whichever is the later.

[10 FR 5650, May 17, 1945. Redesignated at 13 FR 7303, Nov. 30, 1948]



Sec. 50.4  Presentation of case.

    (a) The applicant may present his case:
    (1) Solely by written application, or by written application 
together with any additional written evidence or argument that he may 
desire to submit;
    (2) At a hearing before the Board.
    (b) The case of an applicant may be presented by his counsel. The 
term ``counsel'' includes members of the bar in good standing, 
accredited representatives of veterans' organizations recognized by the 
Veterans' Administration under section 200 of the act of June 29, 1936 
(49 Stat. 2031, 38 U. S. C. 101), and any other person approved by the 
Board.
    (c) If an applicant signifies a desire to present his case at a 
hearing, the Board will give him written notice of the place of his 
hearing, and of the time, which shall be at least thirty days after the 
time of mailing the notice.
    (d) The Board may, upon its own motion or at the request of the 
applicant or his counsel, grant a continuance whenever it appears 
necessary, in the judgment of the Board, in order to insure a thorough, 
complete and equitable hearing.
    (e) The case of any applicant who fails to appear, either in person 
or by counsel, after being duly notified of the time and place of the 
hearing will be decided upon the written application and such other 
evidence as is available to the Board.
    (f) As far as practicable the hearings of the Board will be 
conducted in accordance with the pertinent instructions contained in 
Coast Guard Boards, 1935, as amended, except that:
    (1) Physical examination of the applicant is not mandatory, but the 
Board may request that he submit to physical examination by physicians 
of the Board's choice in any case in which it appears to the 
satisfaction of the Board to be essential;
    (2) The medical members of the Board will not submit a report and 
will not be subject to examination.
    (g) Evidence may be submitted to the Board by oral testimony under 
oath, or in the form of depositions or affidavits. Witnesses appearing 
before the Board will be subject to examination or cross-examination, as 
the case may be, by members of the Board and the applicant or his 
counsel.
    (h) The Board will consider all available service records and all 
matter adduced by the applicant that bears upon the merits of the case. 
It will not be restricted by the rules of evidence.
    (i) Classified matter of the Coast Guard will not be made available 
to an applicant or his counsel. The Board will, when it deems it 
necessary in the interest of justice and compatible with the public 
interest, make available a summary of relevant classified matter.
    (j) The Government will not assume or pay any expenses incurred by 
an applicant, or by his witnesses or counsel.

[10 FR 5650, May 17, 1945. Redesignated at 13 FR 7303, Nov. 30, 1948]



Sec. 50.5  Action by the Board.

    (a) After a complete and thorough review of the evidence before it 
the Board will, in closed session, deliberate and make its decision 
affirming or reversing the findings and decision of the retiring board 
being reviewed.

[[Page 122]]

    (b) If the Board reverses the findings of the retiring board being 
reviewed, it will make complete findings, including:
    (1) Whether the applicant was incapacitated for active service;
    (2) If so, the disability causing the incapacity;
    (3) Whether the incapacity is permanent;
    (4) Whether the incapacity was the result of an incident of service 
or incurred in the line of duty;
    (5) Whether the incapacity was the result of the applicant's own 
vicious habits;
    (6) In the case of Reserve officers and officers who have served 
under temporary appointments, when the physical disability was incurred.
    (c) The findings and decision of a majority of the Board will 
constitute the findings and decision of the Board Members who do not 
concur with the majority may file a minority report.
    (d) When the Board has concluded its proceedings in any case the 
Recorder will prepare a complete record thereof including (1) the 
application for review (2) a transcript of the hearing, if any (3) 
affidavits, briefs, and written agreements filed in the case, (4) the 
findings and decision of the Board, and (5) all other papers and 
documents necessary to reflect a true and complete record of the 
proceedings. This complete record will be transmitted to the Commandant 
for appropriate action.

[10 FR 5650, May 17, 1945. Redesignated at 13 FR 7303, Nov. 30, 1948, 
and amended at CGFR 53-12, 18 FR 2953, May 22, 1953]



Sec. 50.6  Notification of final action.

    The officer requesting the interview will be notified by letter of 
the final action taken in the case.

[CGFR 48-73, 13 FR 9333, Dec. 31, 1948]



PART 51_COAST GUARD DISCHARGE REVIEW BOARD--Table of Contents




Sec.
51.1 Basis and purpose.
51.2 Authority.
51.3 Applicability and scope.
51.4 Definitions.
51.5 Objective of review.
51.6 Propriety standard of review.
51.7 Equity standard of review.
51.8 Relevant considerations.
51.9 Discharge review procedures.
51.10 Decisions.
51.11 Records.

    Authority: 10 U.S.C. 1553; Pub. L. 107-296, 116 Stat. 2135.

    Source: CGD 81-104, 50 FR 41495, Oct. 11, 1985, unless otherwise 
noted.



Sec. 51.1  Basis and purpose.

    This part establishes the procedures for review of administrative 
discharges from the Coast Guard by a Discharge Review Board (DRB) or by 
the Secretary of the Department, and for the compilation of the record 
of the DRB determination, made available for public inspection, copying 
and distribution through the Armed Forces Discharge Review/Correction 
Board Reading Room.



Sec. 51.2  Authority.

    (a) The Secretary of Homeland Security has the authority to 
establish a Discharge Review Board (DRB) to review the discharge of a 
former member of the United States Coast Guard under the provisions of 
10 U.S.C. 1553. This part prescribes the establishment and outlines the 
procedures of the Coast Guard Discharge Review Board. The Secretary 
retains the authority to review and take final action on the DRB's 
findings in the following cases:
    (1) Those cases in which a minority of the board requests that their 
written opinion be forwarded to the Secretary for consideration;
    (2) Those cases selected by the Commandant to inform the Secretary 
of aspects of the board's functions which may be of interest to the 
Secretary;
    (3) Any case in which the Secretary demonstrates an interest;
    (4) Any case which the President of the board believes is of 
significant interest to the Secretary.
    (b) The Commandant of the Coast Guard is delegated the authority to:
    (1) Appoint members to serve on the Discharge Review Board;
    (2) Appoint alternates to serve on the DRB in the event that a 
regularly appointed member is unavailable;
    (3) Designate a member as the President of the DRB; and

[[Page 123]]

    (4) Review and take final action on all DRB decisions which are not 
reviewed by the Secretary.

[CGD 81-104, 50 FR 41495, Oct. 11, 1985, as amended by CGD 97-023, 62 FR 
33362, June 19, 1997; USCG-2003-14505, 68 FR 9535, Feb. 28, 2003]



Sec. 51.3  Applicability and scope.

    The provisions of this part apply to the United States Coast Guard 
including reserve-components and all former members who have been 
discharged within 15 years of the date upon which application for review 
is received by the DRB. A former member may apply to the DRB for a 
change in the character of, and/or the reason for, the discharge. The 
Coast Guard DRB review is generally applicable only to administrative 
discharges, however, the DRB may review the discharge of a former member 
by sentence of a court-martial for the purpose of clemency. A petition 
for clemency will not be considered by the DRB unless the applicant has 
exhausted all appellate remedies. Upon a petition for clemency, the DRB 
shall consider only the equity of the discharge awarded.



Sec. 51.4  Definitions.

    Applicant. A former member of the Coast Guard who has been 
discharged from the service but excluding those discharged by sentence 
of a court-martial, except as provided in Sec. 51.3. If the former 
member is deceased or incompetent, the term ``applicant'' includes the 
surviving spouse, next-of-kin, or legal representative who is acting on 
behalf of the former member.
    Counsel. An individual or agency designated by the applicant who 
agrees to represent the applicant in a case before the DRB. It includes, 
but is not limited to: A lawyer who is a member of the bar of a federal 
court or of the highest court of a state; an accredited representative 
designated by an organization recognized by the Administrator of 
Veterans Affairs; a representative from a state agency concerned with 
veterans affairs; or a representative from private organizations or 
local government agencies.
    Discharge. Any formal separation of a member from the Coast Guard 
which is not termed ``honorable'', including dismissals and ``dropping 
from the rolls''. This term also includes the assignment of a separation 
program designator, separation authority, the stated reason for the 
discharge, and the characterization of service.
    Discharge Review. The process by which the reason for separation, 
the procedures followed in accomplishing separation, and the 
characterization of service are evaluated. This includes determinations 
made under the provisions of 38 U.S.C. 3103(e)(2).
    Discharge Review Board. A board consisting of five members of the 
U.S. Coast Guard, appointed by the Commandant of the Coast Guard and 
vested with the authority to review the discharge of a former member. 
The board is empowered to change a discharge or issue a new discharge to 
reflect its findings, subject to review by the Commandant or the 
Secretary.
    Hearing. A proceeding which, upon request of the applicant, is 
utilized in the discharge review process enabling the applicant and/or 
the applicant's representative to appear before the DRB and present 
evidence.
    President. An officer of the United States Coast Guard appointed by 
the Commandant as President to preside over the DRB. The President will 
convene the board and may also serve as a member. If the President does 
not serve as a member of the DRB, the President shall designate a 
presiding officer for the board to serve as President.

[CGD 81-104, 50 FR 41495, Oct. 11, 1985, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996]



Sec. 51.5  Objective of review.

    The objective of the discharge review is to examine the propriety 
and equity of the applicant's discharge and to effect changes if 
necessary. The DRB will utilize its discretion to reach a fair and just 
resolution of the applicant's claim. The standards of review and the 
underlying factors which aid in determining whether the standards are 
met shall be historically consistent with criteria for determining 
honorable service. No factors shall be established which require 
automatic change, or denial of change, in a discharge.

[[Page 124]]



Sec. 51.6  Propriety standard of review.

    A discharge is deemed to be proper except that:
    (a) A discharge may be improper if an error of fact, law, procedure, 
or discretion was associated with the discharge at the time of issuance 
which prejudiced the rights of the applicant.
    (b) A discharge may be improper if there has been a change in policy 
by the Coast Guard made expressly retroactive to the type of discharge 
under consideration.



Sec. 51.7  Equity standard of review.

    (a) A discharge is presumed to be equitable and will not be changed 
under this section unless the applicant submits evidence sufficient to 
establish, to the satisfaction of the DRB that:
    (1) The policies and procedures under which the applicant was 
discharged differ in material respects from policies and procedures 
currently applicable on a service-wide basis to discharges of that type, 
provided that current policies or procedures represent a substantial 
enhancement of the rights afforded a party in such proceedings, and 
there is substantial doubt that the applicant would have received the 
same discharge if relevant current policies and procedures had been 
available to the applicant at the time of the discharge proceedings 
under consideration; or
    (2) At the time of issuance, the discharge was inconsistent with 
standards of discipline in the Coast Guard; or
    (3) The applicant's military record and other evidence presented to 
the DRB, viewed in conjunction with the factors listed in Sec. 51.8 and 
the regulations under which the applicant was discharged, do not fairly 
justify the type of discharge received.
    (b) If the applicant was discharged with a characterized discharge 
before June 15, 1983, a change from the characterized discharge to an 
uncharacterized discharge will not be considered under the provisions of 
(a)(1) of this section unless specifically requested by the applicant. A 
determination that a discharge is inequitable according to the 
provisions of (a)(2) or (a)(3) of this section shall entitle the 
applicant to a discharge of a type to which the applicant was entitled 
at the time the original discharge was issued.



Sec. 51.8  Relevant considerations.

    In determining the equity and propriety of a former member's 
discharge, the DRB shall consider all relevant evidence presented by the 
applicant. The DRB review will include, but is not limited to, 
consideration of the following factors:
    (a) The quality of the applicant's service. In determining the 
quality of the applicant's service, the DRB may consider the applicant's 
dates and periods of service; rate or rank achieved; marks and 
evaluations received; awards, decorations and letters of commendation; 
acts of merit; combat service and wounds received; promotions and 
demotions; prior military service and type of discharge; records of 
unauthorized absence; records of non-judicial punishment; convictions by 
court-martial; records of conviction by civil authorities while a member 
of the Coast Guard; and any other relevant information respecting the 
applicant which is brought to the board's attention.
    (b) The applicant's capability to serve. In determining the 
applicant's capability to serve, the DRB considers such factors as the 
applicant's age and education; qualification for reenlistment; 
capability to adjust to military service; and family or personal 
problems.
    (c) Any evidence of arbitrary, capricious or discriminatory actions 
by individuals in authority over the applicant.
    (d) Any other information respecting the applicant considered by the 
DRB to be relevant and material to the review of the applicant's 
discharge.



Sec. 51.9  Discharge review procedures.

    (a) Preliminary. Prior to a review, applicants or their 
representatives may obtain copies of military records by submitting a 
Standard Form 180, Request Pertaining to Military Records, to the 
National Personnel Records Center (NPRC), 9799 Page Boulevard, St. 
Louis, MO. 72132. The request to the NPRC should be submitted prior to 
submitting the application for review, so that relevant information from 
the

[[Page 125]]

record can be included with the application.
    (b) Initiation of review. Review may be initiated by an applicant or 
by the DRB. The applicant may apply for DRB review of discharge by 
submitting DD Form 293, Application for Review of Discharge or 
Separation from the Armed Forces of the United States, along with any 
other statements, affidavits or documentation desired by the applicant. 
The application must be received by the DRB within fifteen (15) years of 
the date of the discharge. The application form can be obtained, along 
with explanatory matter, from Commandant, (G-WPM), U.S. Coast Guard 
Headquarters, 2100 2nd Street SW., Washington, DC 20593, any regional VA 
office, or by writing to the Armed Forces Review/Correction Board 
Reading Room, Pentagon Concourse, Washington, DC 20310.
    (c) Notice. (1) The DRB will provide notification advising the 
former member of--
    (i) Receipt of the applicant's request;
    (ii) The right to appear before the board in person or by counsel; 
and
    (iii) The date of review.

If the former member is deceased, written notice of DRB review will be 
sent to the surviving spouse, next of kin or legal representative of the 
former member. If the review is initiated by the DRB, notification will 
be sent to the last known address of the former member.
    (2) Prior to the initiation of the decision process, the DRB will 
notify the former member of the date by which requests to examine the 
documents to be considered by the board must be received. This notice 
will also state the date by which a request for a hearing must be made 
and the deadline for filing responses to the board.
    (3) An applicant who requests a hearing will be notified of the time 
and place of the hearing. All expenses incurred by the applicant in DRB 
proceedings and hearings are the sole responsibility of the applicant 
and are not obligations of the U.S. Coast Guard or the Department of 
Transportation. If the applicant fails to appear, except as provided in 
Sec. 51.9(f), the DRB will review the discharge and reach a decision 
based upon the evidence of record.
    (d) Withdrawal of application. An applicant may withdraw an 
application without prejudice at any time before the scheduled review. 
An application which is withdrawn will not stay the running of the 15 
year statutory limitation imposed on the authority of the DRB to review 
the discharge.
    (e) The DRB will consider the records and other data submitted by 
the applicant. The DRB may consider other probative evidence provided 
that all materials relied on by the DRB, except classified documents, 
are made available to the applicant and applicant's representative prior 
to the hearing date (or review date if no hearing is requested). The DRB 
shall not consider a classified document in the review of a discharge 
unless a summary of, or extract from, the document (deleting all 
reference to sources of information and other matters, the disclosure of 
which would, in the opinion of the classifying authority, be detrimental 
to the security interests of the United States) is made available to the 
applicant.
    (f) Postponement of review or hearing. At any time before the date 
of scheduled review or hearing, an applicant may be granted a 
continuance, provided the applicant or the applicant's counsel makes a 
written request for additional time to the DRB which shows good cause to 
justify the postponement.
    (g) Hearing procedures. The following procedures apply to DRB 
hearings:
    (1) DRB hearings are not public. Presence at hearings is limited to 
persons authorized by the Commandant or expressly requested by the 
applicant, subject to reasonable limitations based upon available space.
    (2) The Federal Rules of Evidence are not applicable to DRB 
proceedings. The presiding officer rules on matters of procedure and 
ensures that reasonable bounds of relevancy and materiality are adhered 
to in the taking of evidence.
    (3) An applicant is permitted to make a sworn or unsworn statement. 
Witness testimony will only be taken under oath or affirmation. An 
applicant or witness who makes a statement may be questioned by the DRB.

[[Page 126]]

    (4) An applicant may make oral or written argument personally or 
through his or her representative.
    (h) Reconsideration. The decision of the DRB may not be reconsidered 
unless--
    (1) The only previous consideration of the case was on the motion of 
the DRB;
    (2) Changes in discharge policy occur; or
    (3) New, substantial, relevant evidence, not available to the 
applicant at the time of the original review, is submitted to the DRB.

[CGD 81-104, 50 FR 41495, Oct. 11, 1985, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996]



Sec. 51.10  Decisions.

    (a) The DRB will make written findings and conclusions with respect 
to all disputed facts and issues. The decision of the DRB is governed by 
the vote of a majority of the board.
    (b) A decision document is prepared for each review conducted by the 
DRB. This document contains--
    (1) The date, character of, and reason for the discharge including 
the specific authority under which the discharge was issued;
    (2) The specific change(s) requested by the applicant;
    (3) A list of the issues raised by the applicant;
    (4) The circumstances and character of the applicant's service, as 
extracted from the service record, health record and other evidence 
presented to the DRB;
    (5) References to documentary evidence, testimony or other material 
relied on by the DRB in support of its decision;
    (6) A statement of the DRB's findings with respect to each issue 
raised by the applicant;
    (7) A summary of the rationale and a statement of the DRB's 
conclusions as to whether any change, correction or modification should 
be made in the type or character of the discharge or the reason and 
authority for the discharge; and
    (8) A statement of the particular changes, correction, or 
modification made by the DRB.



Sec. 51.11  Records.

    (a) The record of the discharge review will include--
    (1) The application for review;
    (2) A summarized record of the testimony and a summary of evidence 
considered by the DRB other than information contained in the service 
records;
    (3) Briefs or written arguments submitted by or on behalf of the 
applicant;
    (4) The decision of the DRB;
    (5) Advisory opinions relief upon for the final action; and
    (6) The final action on the DRB decision by the Commandant or 
Secretary.
    (b) The record of the discharge review is incorporated into the 
service record of the applicant.
    (c) A copy of the decision of the DRB and the final action thereon 
is made available for public inspection and copying promptly after a 
notice of the final decision is sent to the applicant. However, to the 
extent required for the protection of privacy rights, identifying 
details of the applicant and other persons are deleted from the public 
record.
    (1) DRB documents made available for public inspection and copying 
are located in the Armed Forces Discharge Review/Correction Board 
Reading Room. The documents are indexed so as to enable the public to 
determine why relief was granted or denied. The index includes the case 
number, the date, character of, reason for, and authority for the 
discharge and is maintained at Coast Guard Headquarters and the Armed 
Forces Reading Room. The Armed Forces Discharge Review/Correction Board 
Reading Room publishes indexes quarterly for all boards.
    (2) Correspondence relating to matters under the cognizance of the 
Reading Room (including requests for purchase of indexes) should be 
addressed to: Armed Forces Discharge Review/Correction Board Reading 
Room, The Pentagon Concourse, Washington, DC 20310.

[[Page 127]]



PART 52_BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD
--Table of Contents




                     Subpart A_Purpose and Authority

Sec.
52.1 Purpose.
52.2 Authority.

      Subpart B_Establishment, Function, and Jurisdiction of Board

52.11 Establishment and composition.
52.12 Function.
52.13 Jurisdiction.

           Subpart C_General Provisions Regarding Applications

52.21 General requirements.
52.22 Time limit for filing application.
52.23 Counsel.
52.24 Evidence and burden of proof.
52.25 Access to official records.
52.26 Right to timely decision; effect of requests for extensions, 
          changes in requests for relief, and late submissions of 
          evidence.
52.27 Withdrawal of application.
52.28 Stay of proceedings.

    Subpart D_Consideration of Application and Administrative Closure

52.31 Consideration of application.
52.32 Administrative closure.

       Subpart E_Submissions by the Coast Guard and Other Offices

52.41 Assistance.
52.42 Views of the Coast Guard.
52.43 Requests for further information; submissions of classified, 
          privileged, and sensitive information.

                           Subpart F_Hearings

52.51 General provision.
52.52 Notice of hearing.
52.53 Witnesses.
52.54 Expenses.
52.55 Nonappearance.
52.56 Conduct of hearing.
52.57 Record of hearing.

                   Subpart G_Judgment and Disposition

52.61 Deliberations and decision.
52.62 Minority report.
52.63 Record of proceedings.
52.64 Final action.
52.65 Orders.
52.66 Notification.
52.67 Reconsideration.

        Subpart H_Payment of Claims and Implementation of Orders

52.71 Authority to pay.
52.72 Implementation of orders.
52.73 Interpretation.
52.74 Report of settlement.

                  Subpart I_Public Access to Decisions

52.81 Reading room and index.

    Authority: 10 U.S.C. 1552; 14 U.S.C. 425.

    Source: OST Doc. No. 2002-13439, 68 FR 9886, Mar. 3, 2003, unless 
otherwise noted.



                     Subpart A_Purpose and Authority



Sec. 52.1  Purpose.

    This part establishes the procedure for application for correction 
of military records of the Coast Guard, for consideration of 
applications by the Department of Homeland Security Board for Correction 
of Military Records of the Coast Guard (hereinafter ``the Board''), and 
for settling claims or determining monetary benefits.

[OST Doc. No. 2002-13439, 68 FR 9886, Mar. 3, 2003, as amended by USCG-
2003-15404, 68 FR 37740, June 25, 2003]



Sec. 52.2  Authority.

    (a) The Secretary of Homeland Security, acting through boards of 
civilians, is authorized to correct any military record of the Coast 
Guard when the Secretary considers it necessary to correct an error or 
remove an injustice. 10 U.S.C. 1552. The Secretary shall ensure that 
final action on a complete application for correction is taken within 10 
months of its receipt.

(14 U.S.C. 425)
    (b) Corrections made under this authority are final and conclusive 
on all officers of the Government except when procured by fraud. 10 
U.S.C. 1552(a)(4).

[OST Doc. No. 2002-13439, 68 FR 9886, Mar. 3, 2003, as amended by USCG-
2003-15404, 68 FR 37740, June 25, 2003]

[[Page 128]]



      Subpart B_Establishment, Function, and Jurisdiction of Board



Sec. 52.11  Establishment and composition.

    (a) Pursuant to 10 U.S.C. 1552, the Board for Correction of Military 
Records of the Coast Guard is established in the Office of the Secretary 
of Homeland Security.
    (b) The Secretary appoints a panel of civilian officers or employees 
of the Department of Homeland Security to serve as members of the Board, 
and designates one such member to serve as Chair of the Board. The Chair 
designates members from this panel to serve as the Board for each case 
requiring consideration by a Board. The Board consists of three members, 
and two members present constitute a quorum of the Board.
    (c) The Deputy Chair of the Board exercises the functions prescribed 
by these regulations and such other duties as may be assigned by the 
Chair.

[OST Doc. No. 2002-13439, 68 FR 9886, Mar. 3, 2003, as amended by USCG-
2003-15404, 68 FR 37740, June 25, 2003]



Sec. 52.12  Function.

    The function of the Board is to consider all applications properly 
before it, together with all pertinent military records and any 
submission received from the Coast Guard or other Government office 
under subpart E, to determine:
    (a) Whether an error has been made in the applicant's Coast Guard 
military record, whether the applicant has suffered an error or 
injustice as the result of an omission or commission in his or her 
record, or whether the applicant has suffered some manifest injustice in 
the treatment accorded him or her; and
    (b) Whether the Board finds it necessary to change a military record 
to correct an error or remove an injustice.



Sec. 52.13  Jurisdiction.

    (a) The Board has jurisdiction to review and determine all matters 
properly brought before it, consistent with existing law and such 
directives as may be issued by the Secretary.
    (b) No application shall be considered by the Board until the 
applicant has exhausted all effective administrative remedies afforded 
under existing law or regulations, and such legal remedies as the Board 
may determine are practical, appropriate, and available to the 
applicant.



           Subpart C_General Provisions Regarding Applications



Sec. 52.21  General requirements.

    (a) An application for correction of a Coast Guard record shall be 
submitted on DD Form 149 (Application for Correction of Military or 
Naval Record) or an exact copy thereof, and shall be addressed to: 
Chair, Board for Correction of Military Records of the Coast Guard (C-
60), United States Department of Transportation, Washington, DC 20590. 
Forms and explanatory material may be obtained from the Chair of the 
Board.
    (b) The application shall be signed by the person alleging error or 
injustice in his or her military record, except that an application may 
be signed by a family member or legal representative with respect to the 
record of a deceased, incapacitated, or missing person. The family 
member or legal representative must submit proof of his or her proper 
interest with the application.
    (c) No application shall be docketed or processed until it is 
complete. An application for relief is complete when all of the 
following have been received by the Board:
    (1) A signed DD Form 149, providing all necessary responses, 
including a specific allegation of error or injustice, accompanied by 
substantial evidence or information in support of such allegation;
    (2) The military records of the applicant; and
    (3) Any applicable military and Department of Veterans Affairs 
medical records.
    (d) It is the applicant's responsibility to include his or her 
correct mailing address on the DD Form 149 and to inform the Chair in 
writing of any subsequent change of address until the Board or the 
Secretary takes final action on the application.
    (e) Briefs in support of applications must be assembled in a manner 
that

[[Page 129]]

permits easy reproduction and may not exceed twenty-five double-spaced 
typewritten pages in a type size with no more than twelve characters per 
inch. This limitation does not apply to supporting documentary evidence. 
In complex cases, the Chair may waive this limitation.



Sec. 52.22  Time limit for filing application.

    An application for correction of a record must be filed within three 
years after the applicant discovered or reasonably should have 
discovered the alleged error or injustice. If an application is 
untimely, the applicant shall set forth reasons in the application why 
it is in the interest of justice for the Board to consider the 
application. An untimely application shall be denied unless the Board 
finds that sufficient evidence has been presented to warrant a finding 
that it would be in the interest of justice to excuse the failure to 
file timely.



Sec. 52.23  Counsel.

    (a) Applicants may be represented by counsel at their own expense. 
Applicants whose cases are processed under the Whistleblower Protection 
Act and who are granted a hearing by the Board may be entitled to 
representation by a Coast Guard law specialist. 10 U.S.C. 1034(f)(3)(A).
    (b) As used in this part, the term ``counsel'' includes attorneys 
who are members in good standing of any bar; accredited representatives 
of veterans' organizations recognized by the Secretary of Veterans 
Affairs pursuant to 38 U.S.C. 5902; and other persons who, in the 
opinion of the Chair, are competent to represent the applicant for 
correction. Whenever the term ``applicant'' is used in these rules, 
except in Sec. 52.21(c), the term shall mean an applicant or his or her 
counsel.



Sec. 52.24  Evidence and burden of proof.

    (a) It is the responsibility of the applicant to procure and submit 
with his or her application such evidence, including official records, 
as the applicant desires to present in support of his or her case. All 
such evidence should be submitted with the applicant's DD Form 149 in 
accordance with Sec. 52.21(c)(1). Evidence submitted by an applicant 
after an application has been filed and docketed shall be considered 
late and its acceptance is subject to the provisions in Sec. 
52.26(a)(4) and (c).
    (b) The Board begins its consideration of each case presuming 
administrative regularity on the part of Coast Guard and other 
Government officials. The applicant has the burden of proving the 
existence of an error or injustice by the preponderance of the evidence.



Sec. 52.25  Access to official records.

    The applicant shall have such access to official records or to any 
information pertaining to the applicant which is in the custody of the 
Coast Guard as is provided in 49 CFR parts 7 and 10.



Sec. 52.26  Right to timely decision; effect of requests for extensions, 
changes in requests for relief, and late submissions of evidence.

    (a) Each applicant has a right to have final action taken on his or 
her application within 10 months after all the elements of a complete 
application, as defined in Sec. 52.21(c), have been received by the 
Board, unless the applicant:
    (1) Submits a written request, which is granted by the Chair, for an 
extension of a specific duration to seek counsel or additional evidence;
    (2) Submits a written request, which is granted by the Chair, for an 
extension of the time provided for responding to the views of the Coast 
Guard in accordance with Sec. 52.42(d);
    (3) Submits a signed statement that is determined by the Chair to 
significantly amend the applicant's request for relief after the 
application has been docketed;
    (4) Submits significant new evidence, as determined by the Chair, 
after the application has been docketed; or
    (5) Is found by the Chair to have unreasonably delayed responding to 
a request for further information or evidence.
    (b) If the applicant requests an extension in accordance with 
paragraphs (a)(1) or (a)(2) of this section or unreasonably delays 
responding to a request for further information or evidence in 
accordance with paragraph (a)(5) of this section, he or she shall have a

[[Page 130]]

right to have final action taken on the application for correction 
within 10 months of the application's completion plus all periods of 
extension granted to the applicant by the Chair and all periods of 
unreasonable delay.
    (c) If the applicant significantly amends his or her request for 
relief or submits significant new evidence after the application has 
been docketed, in accordance with paragraphs (a)(3) or (a)(4) of this 
section, the application shall be considered newly complete as of the 
date the amended request for relief or new evidence is received, in 
which case the applicant shall have a right to have final action taken 
on the application within 10 months of the date the Board receives the 
amended request for relief or significant new evidence.



Sec. 52.27  Withdrawal of application.

    The Chair may, at his or her discretion, permit the applicant to 
withdraw his or her application at any time before final action is taken 
under Sec. 52.64. Any further consideration by the Board of the issues 
raised in the withdrawn application shall occur only upon the filing of 
a new application.



Sec. 52.28  Stay of proceedings.

    An application to the Board for correction of a military record does 
not operate as a stay of any proceeding or administrative action taken 
with respect to or affecting the applicant.



    Subpart D_Consideration of Application and Administrative Closure



Sec. 52.31  Consideration of application.

    Each application shall be reviewed by the Chair to determine whether 
it meets the requirements of Sec. 52.21 before it is docketed. The 
Chair shall decide in appropriate cases whether to grant a hearing or to 
recommend disposition on the merits without a hearing.



Sec. 52.32  Administrative closure.

    (a) The Chair may administratively close a case after it has been 
docketed and at any time prior to its consideration by the Board if the 
Chair determines that:
    (1) The application was erroneously docketed because the application 
did not meet the criteria under Sec. 52.21;
    (2) Effective relief cannot be granted by the Board;
    (3) The Board does not have jurisdiction to determine the issues 
presented or the applicant has not exhausted an available administrative 
remedy, as required under Sec. 52.13(b); or
    (4) The Coast Guard has granted effective relief satisfactory to the 
applicant.
    (b) Administrative closure does not constitute a denial of relief. 
Applicants who believe their cases should not have been administratively 
closed by the Chair may resubmit their applications with a request for 
further consideration and a statement explaining why the applicant 
believes his or her case should be docketed and considered by the Board. 
A request for further consideration shall be regarded as a new 
application for the purposes of Sec. Sec. 52.21 and 52.26.
    (c) If the Chair administratively closes a case, the applicant shall 
be advised of the reason and of the right to resubmit his or her 
application.



       Subpart E_Submissions by the Coast Guard and Other Offices



Sec. 52.41  Assistance.

    The Board may request such advice, opinion, assistance, or use of 
the facilities of any other bureau, board, or office of the Department 
of Transportation as the Board deems necessary.



Sec. 52.42  Views of the Coast Guard.

    (a) The Board shall transmit to the Commandant of the Coast Guard or 
his or her delegate a copy of each application for relief submitted and 
docketed under subpart C of this part, together with any briefs, 
memoranda, and documentary evidence submitted or obtained in the case.
    (b) The Commandant of the Coast Guard or his or her delegate may 
forward to the Board a written advisory opinion presenting the views of 
the Coast Guard on any case before the Board.
    (c) An advisory opinion furnished by the Coast Guard under this 
section shall not be binding upon the Board,

[[Page 131]]

but shall be considered by the Board, along with all other information 
and material submitted in the particular case, if it is received by the 
Board within 135 days of the date the application is complete. The Chair 
may, in his or her discretion, grant the Coast Guard an extension of the 
time provided for submitting the advisory opinion.
    (d) The Board shall promptly send a copy of each submission made by 
the Coast Guard under this section to the applicant involved, subject to 
the limitations in Sec. Sec. 52.42(c) and 52.43(c). Each applicant has 
30 days, from the date the Board sends the submission, to submit to the 
Board a written rebuttal or response to the Coast Guard's advisory 
opinion or a written request for an extension of the time to respond, 
subject to the provisions in Sec. 52.26.
    (e) Advisory opinions submitted by the Coast Guard and briefs 
submitted by applicants in response to the advisory opinions of the 
Coast Guard must be assembled in a manner that permits easy reproduction 
and may not exceed fifteen double-spaced typewritten pages in a type 
size with no more than twelve characters per inch. This limitation does 
not apply to supporting documentary evidence. In complex cases, the 
Chair may waive this limitation.



Sec. 52.43  Requests for further information; submissions of classified, 
privileged, and sensitive information.

    (a) The Chair or the Board may ask the applicant to submit 
additional information not included in the application or response to 
the advisory opinion.
    (b) The Chair or the Board may ask the Coast Guard or other 
Government office to submit any information, including reports of 
investigations, that the Chair or the Board deems relevant to an 
applicant's case.
    (c) Whenever the Coast Guard or other Government office submits 
classified, privileged, or sensitive information to the Board in 
accordance with paragraph (b) of this section or Sec. 52.42(b), it 
shall identify such information and also provide the Board with a copy 
of that part of the information that would be released to the applicant 
by the Coast Guard or other Government office if he or she requested it 
under 49 CFR parts 7 and 10. The Board shall forward only this redacted 
copy to the applicant.



                           Subpart F_Hearings



Sec. 52.51  General provision.

    In each case in which the Chair determines that a hearing is 
warranted, the applicant will be entitled to be heard orally in person, 
by counsel, or in person with counsel.



Sec. 52.52  Notice of hearing.

    (a) If the Chair determines that a hearing is warranted, the Chair 
shall notify the applicant that a hearing has been granted.
    (b) The date of hearing shall be not less than 21 days from the date 
of this notification. Written notice stating the date, time, and place 
of the hearing shall be given to the applicant and the Coast Guard.



Sec. 52.53  Witnesses.

    (a) In any case in which the Chair has granted a hearing, the 
applicant shall have the right to present witnesses.
    (b) It is the responsibility of the applicant to notify his or her 
witnesses and to ensure their appearance at the date, time, and place 
set for the hearing.



Sec. 52.54  Expenses.

    No expenses of any nature whatsoever incurred by an applicant, his 
or her counsel, witnesses, or others acting on behalf of the applicant 
shall be paid by the Government, except that an applicant may be 
entitled to representation by a Coast Guard law specialist if the case 
has been processed under the Whistleblower Protection Act. 10 U.S.C. 
1034(f)(3)(A).



Sec. 52.55  Nonappearance.

    An applicant who fails without good cause to appear in person or by 
counsel at the appointed date, time, and place for hearing, is deemed to 
have waived the right to a hearing. The application is then considered 
by the Board on the basis of all the material of record.

[[Page 132]]



Sec. 52.56  Conduct of hearing.

    (a) The Chair or the Chair's designee shall conduct a hearing so as 
to ensure a full and fair presentation of the evidence.
    (b) The hearing is not limited by legal rules of evidence, but 
reasonable standards of competency, relevancy, and materiality are 
observed for the receipt and consideration of evidence.
    (c) All testimony shall be given under oath or affirmation.



Sec. 52.57  Record of hearing.

    A hearing pursuant to this subpart in open session shall be recorded 
verbatim and, at the discretion of the Board or direction of the 
Secretary, shall be transcribed.



                   Subpart G_Judgment and Disposition



Sec. 52.61  Deliberations and decision.

    (a) The Board is convened at the call of the Chair and its meetings 
are recessed or adjourned by order of the Chair. Only members of the 
Board and its staff may be present during the deliberations of the 
Board. The Board's deliberations are conducted in executive session and 
are not reported.
    (b) When the Board finds that the facts have not been fully and 
fairly disclosed by the records, testimony, and any other evidence 
before the Board, the Board may request the applicant and/or the Coast 
Guard to obtain and submit such further evidence as it considers 
essential to a complete and impartial understanding of the facts and 
issues.
    (c) Following the receipt of all evidence, the Chair shall cause to 
be prepared and shall submit to the Board for its consideration a draft 
decision containing proposed findings and conclusions and a proposed 
order. A majority vote of the members of the Board present at a meeting 
on any matter relating to a draft decision before the Board shall 
constitute the action of the Board. If a draft decision is approved by 
the Board, it shall become a decision of the Board.
    (d) The decision of the Board shall specify any change, correction, 
or modification of records to be made by the Coast Guard, and any other 
action deemed necessary to provide full and effective relief, which may 
include directing the Coast Guard to convene medical boards.
    (e) If the Board deems it necessary to submit a comment or 
recommendation to the Secretary as to a matter arising from, but not 
directly related to, the issues in a case, it does so by separate 
communication.



Sec. 52.62  Minority report.

    In case of disagreement among Board members, a minority report may 
be submitted dissenting from or concurring with the decision of the 
Board.



Sec. 52.63  Record of proceedings.

    (a) The Board shall prepare a complete record of each proceeding. 
The record shall include the application for relief; the written views 
of the Coast Guard, if any; any transcript of testimony; affidavits and 
documents considered by the Board; briefs and written arguments filed in 
the case; the findings, decisions, and recommendations of the Board; 
minority reports, if any; and all other materials necessary to reflect a 
true and complete history of the proceedings.
    (b) After final action has been taken on an application in 
accordance with Sec. 52.64, any classified, privileged, or sensitive 
information in the record of proceedings that has been provided by the 
Coast Guard or another Government office in accordance with Sec. Sec. 
52.42 or 52.43 shall be returned by the Board to the office from which 
it was received. Only a copy of the information provided by the Coast 
Guard or other Government office for release to the applicant in 
accordance with Sec. 52.43(c) shall be retained in the permanent record 
of proceedings after final action is taken.



Sec. 52.64  Final action.

    (a) The Board, provided that it acts unanimously, may take final 
action on behalf of the Secretary, pursuant to 10 U.S.C. 1552, as 
follows:
    (1) The Board may deny an application for the correction of military 
records.
    (2) Unless the Coast Guard, in submitting its views pursuant to 
Sec. 52.42(b), identifies and describes a significant

[[Page 133]]

issue of Coast Guard policy challenged in the application, the Board may 
approve an application for the correction of military records in any of 
the following categories:
    (i) An application to correct an enlistment or reenlistment contract 
or agreement to extend an enlistment for the purpose of effecting or 
increasing entitlement to a Selective Reenlistment Bonus;
    (ii) An application to modify an election to participate in the 
Survivor Benefit Plan;
    (iii) An application to change a reenlistment eligibility code;
    (iv) An application to correct the character of, or reason for, a 
discharge or separation; or
    (v) An application to receive a medal or award.
    (3) The Board may approve any application for correction of military 
records not included in one of the categories in paragraph (a)(2) of 
this section, if the Coast Guard recommends the same or substantially 
same relief as that requested by the applicant.
    (b) Except in cases where the Board takes final action under 
paragraph (a) of this section, the Board shall forward the record of its 
proceedings to the Secretary, who may approve, disapprove, or concur in 
the decision of the Board or the minority report, if any, either in 
whole or in part, and amend the order of the Board accordingly, or 
return the case to the Board for additional consideration. After taking 
final action, the Secretary shall send any such statement and the record 
of proceedings to the Board for disposition.



Sec. 52.65  Orders.

    (a) The Board shall issue such orders or directives as may be 
necessary to carry out a final action.
    (b) The Board may ask the Coast Guard to submit a written report to 
the Board specifying the action taken and the date thereof with respect 
to any final action.
    (c) Unless doing so is likely to nullify the relief granted, copies 
of the final decision shall be placed in the military record of the 
applicant.



Sec. 52.66  Notification.

    After final action is taken under Sec. 52.64, the Board shall send 
a copy of the final decision to the applicant. The applicant may inspect 
the permanent record of proceedings at Board offices.



Sec. 52.67  Reconsideration.

    (a) Reconsideration of an application for correction of a military 
record shall occur if an applicant requests it and the request meets the 
requirements set forth in paragraph (a)(1) or (a)(2) of this section.
    (1) An applicant presents evidence or information that was not 
previously considered by the Board and that could result in a 
determination other than that originally made. Such new evidence or 
information may only be considered if it could not have been presented 
to the Board prior to its original determination if the applicant had 
exercised reasonable diligence; or
    (2) An applicant presents evidence or information that the Board, or 
the Secretary as the case may be, committed legal or factual error in 
the original determination that could have resulted in a determination 
other than that originally made.
    (b) The Chair shall docket a request for reconsideration of a final 
decision if it meets the requirements of paragraph (a)(1) or (a)(2) of 
this section. If neither of these requirements is met, the Chair shall 
not docket such request.
    (c) The Board shall consider each application for reconsideration 
that has been docketed. None of the Board members who served on the 
Board that considered an applicant's original application for correction 
shall serve on the Board that decides the applicant's application upon 
reconsideration.
    (d) Action by the Board on a docketed application for 
reconsideration is subject to Sec. Sec. 52.26 and 52.64(b).
    (e) An applicant's request for reconsideration must be filed within 
two years after the issuance of a final decision, except as otherwise 
required by law. If the Chair dockets an applicant's request for 
reconsideration, the two-year requirement may be waived if the Board 
finds that it would be in the interest of justice to consider the 
request despite its untimeliness.

[[Page 134]]



        Subpart H_Payment of Claims and Implementation of Orders



Sec. 52.71  Authority to pay.

    (a) The Coast Guard is authorized to pay the claims of any person as 
the result of any action heretofore or hereafter taken under 10 U.S.C. 
1552.
    (b) The Coast Guard is not authorized to pay any claim heretofore 
compensated by Congress through enactment of private law, or to pay any 
amount as compensation for any benefit to which the claimant might 
subsequently become entitled under the laws and regulations administered 
by the Secretary of Veterans Affairs.



Sec. 52.72  Implementation of orders.

    (a) In each case the Board shall transmit a copy of its decision or 
the Secretary's decision to the proper Coast Guard authority for 
determination of monetary benefits due, if any, as a result of the 
action of the Board and for corrections of the military record ordered 
by the Board.
    (b) Upon request, the claimant is required to furnish to the Board 
or to the Coast Guard any information necessary to determine the proper 
parties to the claim for payment under applicable provisions of law.
    (c) Appropriate records shall be examined in light of the Board's 
decision to determine all amounts which may be due. Amounts found due 
are subject to setoff in the amount of any existing indebtedness to the 
Government arising from Coast Guard service and to other setoffs 
required by law or regulation.
    (d) At the time of payment, the claimant shall be advised as to the 
nature and amount of the various benefits represented by the total 
settlement, and of the fact that acceptance of the settlement 
constitutes a complete release by the claimant of any claim against the 
United States on account of the correction of record ordered by the 
Board.



Sec. 52.73  Interpretation.

    If the intent or import of the final decision is not clear to the 
Coast Guard, if the Coast Guard believes that executing all or part of 
the order in the final decision is beyond the Coast Guard's authority, 
or if the Coast Guard believes that the order is incomplete because of 
an oversight, the final decision shall be returned to the Board for 
clarification or technical amendment.



Sec. 52.74  Report of settlement.

    When payment is made pursuant to the order of the Board, the Board 
may request the Coast Guard to notify it of the name of any person to 
whom payment was made and of the amount of the payment.



                  Subpart I_Public Access to Decisions



Sec. 52.81  Reading room and index.

    After deleting only so much personal information as is necessary to 
prevent an unwarranted invasion of privacy of the applicant or other 
persons mentioned in the final decision of the Board, a redacted copy of 
each final decision shall be indexed by subject and made available for 
review and copying at a public reading room. Final decisions created on 
or after November 1, 1996, shall be made available by electronic means. 
5 U.S.C. 552.



PART 53_COAST GUARD WHISTLEBLOWER PROTECTION--Table of Contents




Sec.
53.1 Purpose.
53.3 Applicability.
53.5 Definitions.
53.7 Requirements.
53.9 Responsibilities.
53.11 Procedures.

    Authority: 10 U.S.C. 1034; Pub. L. 100-456, 102 Stat. 1918; Pub. L. 
101-225, 103 Stat. 1908; Pub. L. 107-296, 116 Stat. 2135.

    Source: 56 FR 13405, Apr. 2, 1991, unless otherwise noted.



Sec. 53.1  Purpose.

    This part:
    (a) Establishes policy and implements section 1034 of title 10 of 
the United States Code to provide protection against reprisal to members 
of the Coast Guard for making a lawful communication to a Member of 
Congress or an Inspector General.

[[Page 135]]

    (b) Assigns responsibilities and delegates authority for such 
protection and prescribes operating procedures.



Sec. 53.3  Applicability.

    This part applies to members of the United States Coast Guard, the 
Board for Correction of Military Records of the Coast Guard, and the 
Department of Homeland Security's Office of the Inspector General.

[56 FR 13405, Apr. 2, 1991, as amended by USCG-2003-14505, 68 FR 9535, 
Feb. 28, 2003]



Sec. 53.5  Definitions.

    As used in this part, the following terms shall have the meaning 
stated, except as otherwise provided:
    Board for Correction of Military Records of the Coast Guard. The 
Department of Homeland Security Board for Correction of Military Records 
of the Coast Guard (Board) is empowered under 10 U.S.C. 1552 to make 
corrections of Coast Guard military records. The Board is part of the 
Office of the General Counsel in the Office of the Secretary of Homeland 
Security.
    Corrective Action. Any action deemed necessary to make the 
complainant whole, changes in agency regulations or practices, and/or 
administrative or disciplinary action against offending personnel, or 
referral to the U.S. Attorney General or courtmartial convening 
authority of any evidence of criminal violation.
    Inspector General. The Inspector General in the Office of Inspector 
General of the Department of Homeland Security, as appointed under the 
Inspector General Act of 1978.
    Law Specialist. A commissioned officer of the Coast Guard designated 
for special duty (law).
    Member of the Coast Guard. Any past or present Coast Guard uniformed 
personnel, officer or enlisted, regular or reserve. This definition 
includes cadets of the Coast Guard Academy.
    Member of Congress. In addition to a Representative or a Senator, 
the term includes any Delegate or Resident Commissioner to Congress.
    Personnel Action. Any action taken regarding a member of the Coast 
Guard that adversely affects or has the potential to adversely affect 
the member's position or his or her career. Such actions include, but 
are not limited to, a disciplinary or other corrective action; a 
transfer or reassignment; a performance evaluation; or a decision 
concerning a promotion, pay, benefits, awards, or training.
    Reprisal. Taking or threatening to take an unfavorable personnel 
action or withholding or threatening to withhold a favorable personnel 
action against a member of the Coast Guard for making or preparing to 
make a communication to a Member of Congress or an Inspector General.
    Secretary. The Secretary of Homeland Security or his or her 
delegate.

[56 FR 13405, Apr. 2, 1991, as amended by USCG-2003-14505, 68 FR 9535, 
Feb. 28, 2003]



Sec. 53.7  Requirements.

    (a) No person within the Department of Homeland Security may 
restrict a member of the Coast Guard from lawfully communicating with a 
Member of Congress or an Inspector General.
    (b) Members of the Coast Guard shall be free from reprisal for 
making or preparing to make lawful communications to Members of Congress 
or an Inspector General.
    (c) Any employee or member of the Coast Guard who has the authority 
to take, direct others to take, or recommend or approve any personnel 
action shall not, under such authority, take, withhold, threaten to 
take, or threaten to withhold a personnel action regarding any member of 
the Coast Guard in reprisal for making or preparing to make a lawful 
communication to a Member of Congress or an Inspector General.

[56 FR 13405, Apr. 2, 1991, as amended by USCG-2003-14505, 68 FR 9535, 
Feb. 28, 2003]



Sec. 53.9  Responsibilities.

    (a) The Inspector General, Department of Homeland Security shall:
    (1) Expeditiously investigate any allegation, if such allegation is 
submitted, that a personnel action has been taken (or threatened) in 
reprisal for making or preparing to make a lawful communication to a 
Member of Congress or an Inspector General concerning a complaint or 
disclosure of information that the member reasonably

[[Page 136]]

believes constitutes evidence of a violation of law or regulation, 
mismanagement, a gross waste of funds, an abuse of authority, or a 
substantial and specific danger to public health or safety. No 
investigation is required when such allegation is submitted more than 60 
days after the Coast Guard member became aware of the personnel action 
that is the subject of the allegation.
    (2) Initiate a separate investigation of the information the Coast 
Guard member believes evidences wrongdoing if such investigation has not 
already been initiated. The Inspector General is not required to make 
such an investigation if the information that the Coast Guard member 
believes evidences wrongdoing relates to actions that took place during 
combat.
    (3) Complete the investigation of the allegation of reprisal and 
issue a report not later than 90 days after receipt of the allegation, 
which shall include a thorough review of the facts and circumstances 
relevant to the allegation, the relevant documents acquired during the 
investigation, and summaries of interviews conducted. The Inspector 
General may forward a recommendation as to the disposition of the 
complaint.
    (4) Submit a copy of the investigation report to the Secretary of 
Homeland Security and to the Coast Guard member making the allegation 
not later than 30 days after the completion of the investigation. The 
copy of the report issued to the Coast Guard member may exclude any 
information not otherwise available to the Coast Guard member under the 
Freedom of Information Act (5 U.S.C. 552).
    (5) If a determination is made that the report cannot be issued 
within 90 days of receipt of the allegation, notify the Secretary and 
the Coast Guard member making the allegation of the reasons why the 
report will not be submitted within that time, and state when the report 
will be submitted.
    (6) At the request of the Board, submit a copy of the investigative 
report to the Board.
    (7) After the final action with respect to an allegation filed under 
this part, whenever possible, interview the person who made the 
allegation to determine the views of that person concerning the 
disposition of the matter.
    (b) The Board shall, in accordance with its regulations (33 CFR part 
52):
    (1) Consider under 10 U.S.C. 1552 and 33 CFR part 52 an application 
for the correction of records made by a Coast Guard member who has filed 
a timely complaint with the Inspector General, alleging that a personnel 
action was taken in reprisal for making or preparing to make a lawful 
communication to a Member of Congress or an Inspector General. This may 
include oral argument, examining and cross-examining witnesses, taking 
depositions, and conducting an evidentiary hearing at the Board's 
discretion.
    (2) Review the report of any investigation by the Inspector General 
into the Coast Guard member's allegation of reprisal.
    (3) As deemed necessary, request the Inspector General to gather 
further evidence and issue a further report to the Board.
    (4) Issue a final decision concerning the application for the 
correction of military records under this part not later than 180 days 
after receipt of a complete application.
    (c) If the Board elects to hold an administrative hearing, the Coast 
Guard member may be represented by a Coast Guard law specialist if:
    (1) The Inspector General, in the report of the investigation, finds 
there is probable cause to believe that a personnel action was taken, 
withheld, or threatened in reprisal for the Coast Guard member making or 
preparing to make a lawful communication to a Member of Congress or an 
Inspector General;
    (2) The Chief Counsel of the Coast Guard determines that the case is 
unusually complex or otherwise requires the assistance of a law 
specialist to ensure proper presentation of the legal issues in the 
case; and
    (3) The Coast Guard member is not represented by outside counsel 
chosen by the member.
    (d) If the Board elects to hold an administrative hearing, the Board 
must ensure that the Coast Guard member may examine witnesses through 
deposition, serve interrogatories, and request the production of 
evidence, including

[[Page 137]]

evidence in the Inspector General investigatory record but not included 
in the report released to the member.
    (e) If the Board determines that a personnel action was taken in 
reprisal for a Coast Guard member making or preparing to make a lawful 
communication to a Member of Congress or an Inspector General, the Board 
may forward its recommendation to the Secretary for the institution of 
appropriate administrative or disciplinary action against the individual 
or individuals found to have taken reprisal, and direct any appropriate 
correction of the member's records.
    (f) The Board shall notify the Inspector General of the Board's 
decision concerning an application for the correction of military 
records of a Coast Guard member who alleged reprisal for making or 
preparing to make a lawful communication to a Member of Congress or an 
Inspector General, and of any recommendation to the Secretary for 
appropriate administrative or disciplinary action against the individual 
or individuals found to have taken reprisal.
    (g) When reprisal is found, the Secretary shall ensure that 
appropriate corrective action is taken.

[56 FR 13405, Apr. 2, 1991, as amended by USCG-2003-14505, 68 FR 9535, 
Feb. 28, 2003]



Sec. 53.11  Procedures.

    (a) Any member of the Coast Guard, who reasonably believes a 
personnel action (including the withholding of an action) was taken or 
threatened in reprisal for making or preparing to make a lawful 
communication to a Member of Congress or an Inspector General, may file 
a complaint with the DOT Inspector General Hotline under this part. Such 
a complaint may be filed by telephone, or by letter addressed to the 
Department of Transportation, Office of Inspector General, Hotline 
Center, P.O. Box 23178, Washington, D.C. 20026-0178. Telephone Numbers: 
1-800-424-9071, FTS 8-366-1461. The commercial number is (202) 366-1461.
    (b) The complaint should include the name, address, and telephone 
number of the complainant; the name and location of the activity where 
the alleged violation occurred; the personnel action taken, or 
threatened, that is alleged to be motivated by reprisal; the 
individual(s) believed to be responsible for the personnel action; the 
date when the alleged reprisal occurred; and any information that 
suggests or evidences a connection between the communication and 
reprisal. The complaint should also include a description of the 
communication to a Member of Congress or an Inspector General including 
a copy of any written communication and a brief summary of any oral 
communication showing date of communication, subject matter, and the 
name of the person or official to whom the communication was made.
    (c) A member of the Coast Guard who is alleging reprisal for making 
or preparing to make a lawful communication to a Member of Congress or 
an Inspector General, may submit an application for the correction of 
military records to the Board, in accordance with regulations governing 
the Board. See 33 CFR part 52.
    (d) An application submitted under paragraph (c) of this section 
shall be considered in accordance with regulations governing the Board. 
See 33 CFR part 52.



PART 54_ALLOTMENTS FROM ACTIVE DUTY PAY FOR CERTAIN SUPPORT OBLIGATIONS
--Table of Contents




Sec.
54.01 Purpose.
54.03 Persons authorized to give notices.
54.05 Form and contents of notice.
54.07 Service of notice upon designated Coast Guard official.

    Authority: 42 U.S.C. 665(c).

    Source: CGD 82-109, 48 FR 4285, Jan. 31, 1983, unless otherwise 
noted.



Sec. 54.01  Purpose.

    This part prescribes procedures for State officials to notify the 
Coast Guard that a member on active duty is delinquent in meeting an 
obligation for child support alone, or both child and spousal support, 
in an amount equal to the support payable for two months or longer. 
Under 42 U.S.C. 665, an allotment may be taken from the pay and 
allowances of the member in this situation.

[[Page 138]]



Sec. 54.03  Persons authorized to give notices.

    For the purpose of instituting an allotment under this part, notice 
that a Coast Guard member is delinquent in meeting support obligations 
may be given by:
    (a) Any agent or attorney of any State having in effect a plan 
approved under Part D of Title IV of the Social Security Act (42 U.S.C. 
651-664), who has the duty or authority to seek recovery of any amounts 
owed as child or child and spousal support, including any official of a 
political subdivision when authorized under a State plan.
    (b) The court that has authority to issue an order against the 
member for the support and maintenance of a child, or any agent of that 
court.



Sec. 54.05  Form and contents of notice.

    (a) The notice required to institute an allotment under this part 
must be given in the form of a court order, letters, or other document 
issued by a person specified in Sec. 54.03.
    (b) The notice must:
    (1) Provide the full name, social security number, and duty station 
of the member who owes the support obligation;
    (2) Specify the amount of support due, and the period in which it 
has remained owing;
    (3) Be accompanied by a certified copy of an order directing the 
payment of this support issued:
    (i) By a court of competent jurisdiction, or;
    (ii) In accordance with an administrative procedure which is 
established by State law, affords substantial due process, and is 
subject to judicial review;
    (4) Provide the full name, social security number, and mailing 
address of the person to whom the allotment is to be paid;
    (5) Identify the period in which the allotment is to remain in 
effect; and
    (6) Identify the name and birth date of all children for whom 
support is to be provided under the allotment.
    (c) Each notice must be accompanied by the following information:
    (1) For each administrative order, a copy of all provisions of state 
law governing its issuance.
    (2) For each court order and for each administrative order, if not 
stated in the support order:
    (i) An explanation as to how personal jurisdiction was obtained over 
the member; and
    (ii) A statement on the age of majority in the state law, with 
appropriate legal citations.



Sec. 54.07  Service of notice upon designated Coast Guard official.

    The notice and all accompanying documentation must be sent to 
Commanding Officer, Coast Guard Human Resources Service and Information 
Center, Federal Building, 444 S.E. Quincy Street, Topeka, KS 66683-3591, 
telephone 785-339-3595, facsimile 785-339-3788.

[CGD 82-109, 48 FR 4285, Jan. 31, 1983, as amended by CGD 88-052, 53 FR 
25119, July 1, 1988; CGD 97-023, 62 FR 33362, June 19, 1997; USCG-2001-
9286, 66 FR 33639, June 25, 2001]



PART 55_CHILD DEVELOPMENT SERVICES--Table of Contents




                            Subpart A_General

Sec.
55.1 Purpose.
55.3 Who is covered by this part?
55.5 Who is eligible for child development services?
55.7 Definitions.
55.9 Child development centers.
55.11 How are child development center fees established?
55.13 Family child care providers.

    Authority: 14 U.S.C. 515.

    Source: USCG-1998-3821, 64 FR 6528, Feb. 10, 1999, unless otherwise 
noted.



                            Subpart A_General



Sec. 55.1  Purpose.

    This subpart implements 46 U.S.C. 515, which provides for Coast 
Guard Child Development Services.



Sec. 55.3  Who is covered by this subpart?

    This subpart applies to all Coast Guard installations.



Sec. 55.5  Who is eligible for child development services?

    Coast Guard members and civilian Coast Guard employees are eligible 
for

[[Page 139]]

the child developmental services described in this subpart. As space is 
available, members of the other Armed Forces and other Federal civilian 
employees are also eligible.



Sec. 55.7  Definitions.

    As used in this subpart--
    Child development center means a facility located on a Coast Guard 
installation that offers, on a regularly scheduled basis, developmental 
services designed to foster social, emotional, physical, creative, and 
intellectual growth to groups of children.
    Child development services means developmental services provided at 
a child development center or by a family child care provider at his or 
her Coast Guard-owned or -leased home.
    Coast Guard family child care provider means a Coast Guard family 
member, 18 years of age or older, who provides child care for 10 hours 
or more per week per child to one but no more than six children, 
including the provider's own children under the age of eight, on a 
regular basis in his or her Coast Guard-owned or -leased housing.
    Coast Guard family child care services means child care provided on 
a regularly scheduled basis for 10 hours or more a week by an individual 
certified by the Coast Guard and who resides in Coast Guard-controlled 
housing.
    Command means the Commanding Officer of one or more units of 
personnel in a limited geographic area with responsibility for a child 
development center.
    Family child care means child care provided in the home of a 
provider, either a Coast Guard family child care provider or a family 
home day care provider.
    Family home day care provider means an individual 18 years of age or 
older who is licensed by the state agency that regulates child care. 
This person provides child care to one but to no more than six children, 
including the provider's own children under the age of eight, on a 
regular basis in his or her residence.
    Geographic cost of living allowance means the adjustment in basic 
pay related to higher living costs in certain geographic areas.
    Total family income means the earned income for adult members of the 
household including wages, salaries, tips, long-term disability benefits 
received by a family, incentive and special pay for service or anything 
else of value, even if not taxable, that was received for providing 
services. Also included is Basic Allowance for Housing and Basic 
Allowance for Subsistence authorized for the pay grade of military 
personnel, whether the allowance is received in cash or in-kind. Total 
Family Income does not include: the geographic cost of living allowance; 
alimony and child support; temporary duty allowances or reimbursements 
for educational expenses; veterans benefits; workers compensation 
benefits; and, unemployment compensation. These are to be excluded from 
total family income.
    Uneconomical and inefficient means that the fees collected from 
parents can not be used in a manner that provides a quality program at 
an affordable cost to parents using the child care services.



Sec. 55.9  Child development centers.

    (a) The Commandant may make child development services available at 
child development centers located at Coast Guard installations.
    (b) Regular and unannounced inspections of each child development 
center shall be conducted annually by headquarters program personnel, 
the commanding officer of the sponsoring command, fire personnel, and 
health and safety personnel.
    (c) Training programs shall be conducted monthly to ensure that all 
child development center employees complete a minimum of 20 hours of 
training annually with respect to early childhood development, 
activities and disciplinary techniques appropriate to children of 
different ages, child abuse prevention and detection, and appropriate 
emergency medical procedures.



Sec. 55.11  How are child development center fees established?

    (a) Fees for the provision of services at child development centers 
shall be

[[Page 140]]

set by each Command with responsibility for a center-based program, 
according to the following total family income chart:

                           Total Family Income

$0 to $23,000
$23,001 to $34,000
$34,001 to $44,000
$44,001 to $55,000
Over $55,000

    (b) Fees for the provision of services at Coast Guard child 
development centers shall be used only for compensation for employees at 
those centers who are directly involved in providing child care, unless 
it is uneconomical and inefficient. If uneconomical and inefficient, 
then the fees may be used for:
    (1) The purchase of consumable or disposable items for Coast Guard 
child development centers; and
    (2) If the requirements of such centers for consumable or disposable 
items for a given fiscal year have been met, for other expenses of those 
centers.



Sec. 55.13  Family child care providers.

    When appropriated funds are available, funds may be offered to 
provide assistance to Coast Guard Family Child Care Providers or to 
family home day care providers so that family child care services can be 
provided to military members and civilian employees of the Coast Guard, 
at a cost comparable to the cost of services at Coast Guard child 
development centers.

[[Page 141]]

                                  INDEX

                       SUBCHAPTER B_MILITARY PERSONNEL

  Editorial Note: This listing is provided for informational purposes 
only. It is compiled and kept up-to-date by the Coast Guard, Department 
of Homeland Security, and is revised through July 1, 2006.

                                                                 Section

                                 A

Access to official records.........................................52.25
Action by the Board.................................................50.5
Affidavits required.............................................49.05.10
Allotments from Active Duty Pay for Certain Support Obligations.....Part 
                                                                      54
Applicability and scope, Discharge Review Board.....................51.3
Applicability..............................................49.01-1, 53.3
Application, time limit for filing.................................52.22
Appointment of trustee, requests for....................49.01-5, 49.05-1
Assistance.........................................................52.81
Authority, Board for Correction of Military Records.................52.2
Authority, Discharge Review Board...................................51.2
Authority to pay...................................................52.71

                                 B

Basis and purpose, Discharge Review Board...........................51.1
Board for Correction of Military Records.........................Part 52
Bonding of trustee...............................................49.05-5

                                 C

Cadets, program for appointing......................................40.1
Cessation of payments...........................................49.10-10
Composition of the Board............................................50.2
Conduct of hearing.................................................52.51
Consideration of application.......................................52.31
Counsel............................................................52.23

                                 D

Decisions..........................................................51.10
Definitions...................................................51.4, 53.5
Deliberations and decision.........................................52.61
Denial of relief...................................................52.32
Determination of incompetency...................................49.01-10
Discharge Review Board...........................................Part 51
Discharge review procedures.........................................51.9

                                 E

Enlistment of Personnel.............................................45.1
Enlistment records of former service members........................45.2
Equity standard of review...........................................51.7

[[Page 142]]

Establishment and composition......................................52.11
Establishment and duties of the Board...............................50.1
Evidence...........................................................52.24
Expenses...........................................................52.44

                                 F

Final accounting by trustee.....................................49.10-15
Final action, time limit for................................52.64, 52.68
Form and contents of notice........................................54.05
Function...........................................................52.12

                                 G

General provision, Hearings........................................52.41
General requirements, Military Records Correction Applications.....52.21

                                 I

Implementing instructions........................................49.15-1
Interpretation.....................................................52.73

                                 J

Jurisdiction, Board for Correction of Military Records.............52.13

                                 M

Mentally Incompetent Personnel...................................Part 49
Minority report....................................................52.62

                                 N

Nonappearance......................................................52.45
Notice of hearing..................................................52.42
Notification of final action........................................50.6
Notification.......................................................52.66

                                 O

Objective of review.................................................51.5
Orders.............................................................52.65

                                 P

Payments of money due............................................49.10-5
Persons authorized to give notice..................................54.03
Presentation of case................................................50.4
Procedures..................................................52.72, 53.11
Proprietary standard of review......................................51.6
Purpose, Allotments from Active Duty Pay...........................54.01
Purpose, Whistleblower protection...................................53.1

                                 R

Reconsideration....................................................52.67
Record of proceedings..............................................52.63
Relevant considerations.............................................51.8
Report of settlement...............................................52.74
Reports required.................................................49.10-1
Request for review..................................................50.3
Requirements........................................................53.7

[[Page 143]]

Responsibilities regarding whistleblower protection.................53.9
Retiring Review Board............................................Part 50

                                 S

Service of notice upon designated Coast Guard official.............54.07
Stay of proceedings................................................52.33
Submission sent to or received from the Coast Guard................52.82

                                 W

Whistleblower Protection.........................................Part 53
Withdrawal of application..........................................52.26
Witnesses..........................................................52.43

[[Page 144]]



                     SUBCHAPTER C_AIDS TO NAVIGATION



    Cross Reference: Corps of Engineers, Department of the Army, see 
Chapter II of this title.

                           PART 60 [RESERVED]



PART 62_UNITED STATES AIDS TO NAVIGATION SYSTEM--Table of Contents




                            Subpart A_General

Sec.
62.1 Purpose.
62.3 Definition of terms.
62.5 Marking of marine parades and regattas.

              Subpart B_The U.S. Aids to Navigation System

62.21 General.
62.23 Beacons and buoys.
62.25 Lateral marks.
62.27 Safe water marks.
62.29 Isolated danger marks.
62.31 Special marks.
62.32 Inland waters obstruction mark.
62.33 Information and regulatory marks.
62.35 Mooring buoys.
62.37 Lighthouses.
62.41 Ranges.
62.43 Numbers and letters.
62.45 Light characteristics.
62.47 Sound signals.
62.49 Intracoastal Waterway identification.
62.51 Western Rivers Marking System.
62.53 Racons.
62.54 Ownership identification.

Subpart C [Reserved]

     Subpart D_Public Participation in the Aids to Navigation System

62.63 Recommendations.
62.65 Procedure for reporting defects and discrepancies.

    Authority: 14 U.S.C. 85; 33 U.S.C. 1222, 1233; 43 U.S.C. 1333; 
Department of Homeland Security Delegation No. 0170.

    Source: CGD 86-031, 52 FR 42640, Nov. 6, 1987, unless otherwise 
noted.



                            Subpart A_General



Sec. 62.1  Purpose.

    (a) The Coast Guard administers the U.S. Aids to Navigation System. 
The system consists of Federal aids to navigation operated by the Coast 
Guard, aids to navigation operated by the other armed services, and 
private aids to navigation operated by other persons.
    (b)(1) This part describes the general characteristics of the U.S. 
Aids to Navigation System, and the details, policies and procedures 
employed by the Coast Guard in establishing, maintaining, operating, 
changing or discontinuing Federal aids to navigation. Regulations 
concerning the marking of wrecks, structures, and other obstructions are 
found in 33 CFR part 64. Regulations concerning private aids are found 
in 33 CFR part 66. Regulations concerning the marking of artificial 
islands and structures which are erected on or over the seabed and 
subsoil of the Outer Continental Shelf of the United States or its 
possessions are found in 33 CFR part 67. Regulations concerning the 
marking of bridges are found in 33 CFR part 118. Regulations concerning 
aids to navigation at deepwater ports are found in subchapter NN of this 
chapter.
    (2) The regulations found in 33 CFR subpart 66.10 expire on December 
31, 2003, at which time the provisions of this part will apply.
    (c) The Coast Guard maintains systems of marine aids to navigation 
consisting of visual, audible, and electronic signals which are designed 
to assist the prudent mariner in the process of navigation. The aids to 
navigation system is not intended to identify every shoal or obstruction 
to navigation which exists in the navigable waters of the United States, 
but rather provides for reasonable marking of marine features as 
resources permit. The primary objective of the aids to navigation system 
is to mark navigable channels and waterways, obstructions adjacent to 
these waterways, and obstructions in areas of general navigation which 
may not be anticipated. Other waters, even if navigable, are generally 
not marked.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 88-018, 54 FR 
48608, Nov. 24, 1989; CGD 97-018, 63 FR 33573, June 19, 1998]

[[Page 145]]



Sec. 62.3  Definition of terms.

    Certain terms as used in this subchapter are defined as follows:
    (a) Aid to Navigation. The term aid to navigation means any device 
external to a vessel or aircraft intended to assist a navigator to 
determine position or safe course, or to warn of dangers or obstructions 
to navigation.
    (b) Commerce. The term commerce, in addition to general, national 
and international trade and commerce of the United States, includes 
trade and travel by seasonal passenger craft (marine and air), yachts, 
houseboats, fishing boats, motor boats, and other craft, whether or not 
operated for hire or profit.
    (c) Commandant. The term Commandant means the Commandant of the 
Coast Guard.
    (d) District Commander. The term District Commander means the 
commander of a Coast Guard District. Coast Guard Districts are listed in 
Part 3 of this chapter.
    (e) Corps of Engineers. The term Corps of Engineers means the Corps 
of Engineers, Department of the Army.
    (f) Person. The term person imparts both singular or plural, as the 
case demands, and includes any Federal Agency, State, Territory, 
possession, or public subdivision thereof, the District of Columbia, and 
any corporation, company, association, club, or other instrumentality.
    (g) Navigable waters of the United States. The term navigable waters 
of the United States is defined in Sec. 2.36(a) of this chapter.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by USCG-2001-9044, 68 
FR 42601, July 18, 2003]



Sec. 62.5  Marking of marine parades and regattas.

    (a) The Coast Guard may establish aids to navigation to mark marine 
parades and regattas which are regulated by the Coast Guard for the 
purpose of protecting life and property, or to assist in the observance 
and enforcement of special regulations. For marine parade and regatta 
regulations, see Part 100 of this chapter.
    (b) [Reserved]



              Subpart B_The U.S. Aids to Navigation System



Sec. 62.21  General.

    (a) The navigable waters of the United States and non-navigable 
State waters after December 31, 2003, are marked to assist navigation 
using the U.S. Aids to Navigation System, a system consistent with the 
International Association of Lighthouse Authorities (IALA) Maritime 
Buoyage System. The IALA Maritime Buoyage System is followed by most of 
the world's maritime nations and will improve maritime safety by 
encouraging conformity in buoyage systems worldwide. IALA buoyage is 
divided into two regions made up of Region A and Region B. All navigable 
waters of the United States follow IALA Region B, except U.S. 
possessions west of the International Date Line and south of 10 degrees 
north latitude, which follow IALA Region A. Lateral aids to navigation 
in Region A vary from those described throughout this Subpart. Non-
lateral aids to navigation are the same as those used in Region B. See 
Sec. 62.25. Appropriate nautical charts and publications should be 
consulted to determine whether the Region A or Region B marking schemes 
are in effect for a given area.
    (b) The U.S. Aids to Navigation System is designed for use with 
nautical charts. Nautical charts portray the physical features of the 
marine environment, including soundings and other submarine features, 
landmarks, and other aids necessary for the proper navigation of a 
vessel. This crucial information cannot be obtained from other sources, 
even ones such as topographic maps, aeronautical charts, or atlases. The 
exact meaning of an aid to navigation may not be clear to the mariner 
unless the appropriate chart is consulted, as the chart illustrates the 
relationship of the individual aid to navigation to channel limits, 
obstructions, hazards to navigation, and to the total aids to navigation 
system.
    (c) The navigator should maintain and consult suitable publications 
and instruments for navigation depending on the vessel's requirements. 
This shipboard equipment is separate from the aids to navigation system, 
but is often

[[Page 146]]

essential to its use. The following publications are available from the 
U.S. Government to assist the navigator:
    (1) The Light List, published by the Coast Guard and available 
through the Government Printing Office or authorized sales agents, lists 
federal and private aids to navigation. It includes all major Federal 
aids to navigation and those private aids to navigation, which have been 
deemed to be important to general navigation, and includes a physical 
description of these aids and their locations.
    (2) The United States Coast Pilot, published by the National Ocean 
Service and available through that agency or authorized nautical chart 
sales agents, supplements the information shown on nautical charts. 
Subjects such as local navigation regulations, channel and anchorage 
peculiarities, dangers, climatalogical data, routes, and port facilities 
are covered.
    (3) Local Notices to Mariners are published by local Coast Guard 
District Commanders. Persons may be placed on the mailing list to 
receive local Notices by contacting the Aids to Navigation and Waterway 
Management Branch of the appropriate Coast Guard District. These notices 
pass information affecting navigation safety. Changes to aids to 
navigation, reported dangers, scheduled construction or other 
disruptions, chart corrections and similar useful marine information is 
made available through this publication.
    (4) The Notice to Mariners is a national publication, similar to the 
Local Notice to Mariners, published by the National Imagery and Mapping 
Agency. The notice may be obtained free of charge from commercial 
maritime sources and, upon request, to Defense Logistics Agency, Defense 
Supply Center Richmond, ATTN: JNB, 8000 Jefferson Davis Highway, 
Richmond, VA 23297-5100 or FAX 804-279-6510, ATTN: Accounts Manager, 
RMF. A letter of justification should be included in the request. This 
publication provides ocean going vessels significant information on 
national and international navigation and safety.
    (5) The mariner should also listen to Coast Guard Broadcast Notices 
to Mariners. These broadcasts update the Local Notice to Mariners with 
more timely information. Mariners should monitor VHF-FM channel 16 to 
locate Coast Guard Marine Information Broadcasts.
    (d) The U.S. Aids to Navigation System is primarily a lateral system 
which employs a simple arrangement of colors, shapes, numbers, and light 
characteristics to mark the limits of navigable routes. This lateral 
system is supplemented by nonlateral aids to navigation where 
appropriate.
    (e) Generally, lateral aids to navigation indicate on which side of 
a vessel an aid to navigation should be passed when the vessel is 
proceeding in the Conventional Direction of Buoyage. Normally, the 
Conventional Direction of Buoyage is the direction in which a vessel 
enters navigable channels from seaward and proceeds towards the head of 
navigation. In the absence of a route leading from seaward, the 
Conventional Direction of Buoyage generally follows a clockwise 
direction around land masses. For example, proceeding southerly along 
the Atlantic Coast, from Florida to Texas along the Gulf Coast, and 
northerly along the Pacific Coast are considered as proceeding in the 
Conventional Direction of Buoyage. In some instances, this direction 
must be arbitrarily assigned. Where doubt exists, the mariner should 
consult charts and other nautical publications.
    (f) Although aids to navigation are maintained to a reasonable 
degree of reliability, the rigors of the marine environment and various 
equipment failures do cause discrepancies on occasion.
    (g) The Coast Guard makes reasonable efforts to inform the navigator 
of known discrepancies, and to correct them within a reasonable period 
of time, depending upon resources available. Occasionally, a temporary 
aid to navigation, which provides different but similar service, is 
deployed until permanent repairs can be made to the original aid. 
Notification of such temporary changes is made through the notice to 
mariners system.
    (h) Mariners should exercise caution when using private aids to 
navigation because private aids are often established to serve the needs 
of specific users rather than general navigation

[[Page 147]]

and their purpose may not be obvious to casual users; and, discrepancies 
to private aids are often detected, reported, and corrected less 
promptly than discrepancies to Coast Guard aids to navigation.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 88-018, 54 FR 
48608, Nov. 24, 1989; CGD 97-018, 63 FR 33573, June 19, 1998; USCG-2001-
9286, 66 FR 33640, June 25, 2001]



Sec. 62.23  Beacons and buoys.

    (a) Aids to navigation are placed on shore or on marine sites to 
assist a navigator to determine his position or safe course. They may 
mark limits of navigable channels, or warn of dangers or obstructions to 
navigation. The primary components of the U.S. Aids to Navigation System 
are beacons and buoys.
    (b) Beacons are aids to navigation structures which are permanently 
fixed to the earth's surface. They range from large lighthouses to 
small, single-pile structures and may be located on land or in the 
water. Lighted beacons are called lights; unlighted beacons are called 
daybeacons.
    (1) Beacons exhibit a daymark. For small structures these are 
colored geometric shapes which make an aid to navigation readily visible 
and easily identifiable against background conditions. Generally, the 
daymark conveys to the mariner, during daylight hours, the same 
significance as does the aid's light or reflector at night. The daymark 
of large lighthouses and towers, however, consists of the structure 
itself. As a result, these daymarks do not infer lateral significance.
    (2) Vessels should not pass beacons close aboard due to the danger 
of collision with rip-rap or structure foundations, or the obstruction 
or danger that the aid marks.
    (c) Buoys are floating aids to navigation used extensively 
throughout U.S. waters. They are moored to the seabed by sinkers with 
chain or other moorings of various lengths.
    (1) The daymark of a buoy is the color and shape of the buoy and, if 
so equipped, of the topmark.
    (i) Can buoys have a cylindrical shape.
    (ii) Nun buoys have a tapered, conical shape.
    (iii) Pillar buoys have a wide cylindrical base supporting a 
narrower superstructure. They may be surmounted by colored shapes called 
topmarks.
    (iv) Spherical buoys have a round shape.
    (2) Mariners attempting to pass a buoy close aboard risk collision 
with a yawing buoy, the buoy's mooring, or with the obstruction which 
the buoy marks.
    (3) Mariners should not rely on buoys alone for determining their 
positions due to factors limiting their reliability. Prudent mariners 
will use bearings or angles from beacons or other landmarks, soundings, 
and various methods of electronic navigation. Buoys vary in reliability 
because:
    (i) Buoy positions represented on nautical charts are approximate 
positions only, due to practical limitations in positioning and 
maintaining buoys and their sinkers in precise geographical locations.
    (ii) Buoy moorings vary in length. The mooring lengths define a 
``watch circle'', and buoys can be expected to move within this circle. 
Actual watch circles do not coincide with the dots or circles 
representing them on charts.
    (iii) Buoy positions are normally verified during periodic 
maintenance visits. Between visits, environmental conditions, including 
atmospheric and sea conditions, and seabed slope and composition, may 
shift buoys off their charted positions. Also buoys may be dragged off 
station, sunk, or capsized by a collision with a vessel.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987; CGD 86-031, 52 FR 46351, Dec. 5, 
1987]



Sec. 62.25  Lateral marks.

    (a) Lateral marks define the port and starboard sides of a route to 
be followed. They may be either beacons or buoys.
    (b) Sidemarks are lateral marks which advise the mariner to stay to 
one side of the mark. Their most frequent use is to mark the sides of 
channels; however, they may be used individually to mark obstructions 
outside of clearly defined channels. Sidemarks are not always placed 
directly on a channel edge and may be positioned outside the channel as 
indicated on charts and nautical publications.

[[Page 148]]

    (1) Port hand marks indicate the left side of channels when 
proceeding in the Conventional Direction of Buoyage. Beacons have green 
square daymarks, while buoys are green can or pillar buoys.
    (2) Starboard hand marks indicate the right side of channels when 
proceeding in the Conventional Direction of Buoyage. Beacons have red 
triangular daymarks, while buoys are red nun or pillar buoys.
    (c) Preferred channel marks indicate channel junctions or 
bifurcations and may also mark wrecks or obstructions which the mariner, 
after consulting a chart to ascertain the location of the obstruction 
relative to the aid, may pass on either side. Preferred channel marks 
have red and green horizontal bands with the color of the topmost band 
indicating the preferred channel. If the topmost band is green, the mark 
serves as a port hand mark for vessels following the preferred channel 
proceeding in the Conventional Direction of Buoyage, and as a starboard 
hand mark for the other channel. Beacons would have square daymarks, 
while buoys would be can or pillar buoys. If the topmost band is red, 
the mark serves as a starboard hand mark for vessels following the 
preferred channel proceeding in the Conventional Direction of Buoyage, 
and a port hand mark for the other channel. Beacons would have 
triangular daymarks, while buoys would be nun or pillar buoys.
    (d) The above color schemes apply to IALA Region B. Marks located in 
the IALA Region A exhibit reversed color significance: port hand marks 
will be red when following the Conventional Direction of Buoyage, and 
starboard hand marks will be green. The meaning of daymark and buoy 
shapes is identical in both regions.
    (e) Certain marks on the Intracoastal Waterway may exhibit reversed 
lateral significance. See Sec. 62.49.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 88-018, 54 FR 
48608, Nov. 24, 1989]



Sec. 62.27  Safe water marks.

    Safe water marks indicate that there is navigable water all around 
the mark. They are often used to indicate fairways or midchannels, or 
the seaward end of channels. Safe water marks are colored with red and 
white vertical stripes. Beacons have an octagonal daymark; red and white 
buoys are spherical or display a red spherical topmark.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 88-018, 54 FR 
48608, Nov. 24, 1989]



Sec. 62.29  Isolated danger marks.

    Isolated danger marks indicate an isolated danger which may be 
passed on all sides. As these marks are erected or moored on or near 
dangers, they should not be approached closely without special caution. 
These marks are colored black with one or more broad horizontal red 
bands and are equipped with a topmark of two black spheres, one above 
the other.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 88-018, 54 FR 
48608, Nov. 24, 1989]



Sec. 62.31  Special marks.

    Special marks are not primarily intended to assist safe navigation, 
but to indicate special areas or features referred to in charts or other 
nautical publications. They may be used, for example, to mark 
anchorages, cable or pipeline areas, traffic separation schemes, 
military exercise zones, ocean data acquisition systems, etc. Special 
marks are colored solid yellow.



Sec. 62.32  Inland waters obstruction mark.

    (a) On inland waters designated by the Commandant as State waters in 
accordance with Sec. 66.05-5 of this chapter and on non-navigable 
internal waters of a State which have no defined head of navigation, a 
buoy showing alternate vertical black and white stripes may be used to 
indicate to a vessel operator that an obstruction to navigation extends 
from the nearest shore to the buoy.
    (b) The black and white buoy's meaning is ``do not pass between the 
buoy and the shore''. The number of white and black stripes is 
discretionary, provided that the white stripes are twice the width of 
the black stripes. Prior to December 31, 2003, this aid shall not be 
used on a waterway which has a red and white striped obstruction marker

[[Page 149]]

defined in Sec. 66.10-15(e)(3) of this chapter, unless all obstruction 
markers are replaced.

[CGD 97-018, 63 FR 33573, June 19, 1998]



Sec. 62.33  Information and regulatory marks.

    (a) Information and Regulatory Marks are used to alert the mariner 
to various warnings or regulatory matters. These marks have orange 
geometric shapes against a white background. The meanings associated 
with the orange shapes are as follows:
    (1) A vertical open-faced diamond signifies danger.
    (2) A vertical diamond shape having a cross centered within 
indicates that vessels are excluded from the marked area.
    (3) A circular shape indicates that certain operating restrictions 
are in effect within the marked area.
    (4) A square or rectangular shape will contain directions or 
instructions lettered within the shape.
    (b) When a buoy is used as an information or regulatory mark it 
shall be white with two horizontal orange bands placed completely around 
the buoy circumference. One band shall be near the top of the buoy body, 
with a second band placed just above the waterline of the buoy so that 
both bands are clearly visible.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 97-018, 63 FR 
33573, June 19, 1998]



Sec. 62.35  Mooring buoys.

    Mooring Buoys are white with a blue horizontal band. This 
distinctive color scheme is recommended to facilitate identification and 
to avoid confusion with aids to navigation.



Sec. 62.37  Lighthouses.

    Lighthouses are prominent beacons of varying size, color, and 
appearance employed to mark headlands, landfalls, harbor entrances, 
channel edges, hazards, and other features. While normally identified by 
their distinctive appearance, some lighthouses display diamond shaped, 
checkered daymarks to facilitate recognition.



Sec. 62.41  Ranges.

    Ranges are aids to navigation systems employing dual beacons which, 
when the structures appear to be in line, assist the mariner in 
maintaining a safe course. The appropriate nautical chart must be 
consulted when using ranges to determine whether the range marks the 
centerline of the navigable channel and also to ascertain what section 
of the range may be safety traversed. Ranges are generally, but not 
always, lighted, and display rectangular daymarks of various colors.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987; CGD 86-031, 52 FR 46351, Dec. 5, 
1987]



Sec. 62.43  Numbers and letters.

    (a) All solid red and solid green aids are numbered, with red aids 
bearing even numbers and green aids bearing odd numbers. The numbers for 
each increase in the Conventional Direction of Buoyage. Numbers are kept 
in approximately sequence on both sides of the channel by omitting 
numbers where necessary.
    (b) Only sidemarks are numbered. However, aids other than those 
mentioned above may be lettered to assist in their identification, or to 
indicate their purpose. Sidemarks may carry letters in addition to 
numbers to identify the first aid to navigation in a waterway, or when 
new aids to navigation are added to channels with previously completed 
numerical sequences. Letters on sidemarks will follow alphabetical order 
from seaward and proceeding toward the Conventional Direction of Buoyage 
and will be added to numbers as suffixes.
    (c) Aids to navigation may be fitted with light-reflecting material 
to increase their visibility in darkness. The colors of this material 
may convey the same significance as the aid except that letters and 
numbers may be white.
    (d) Exceptions to the provisions of this section will be found on 
the Western Rivers System. See Sec. 62.51.
    (e) The guidelines for the display of numbers and letters on aids to 
navigation are identical for both Region A and Region B; red aids to 
navigation

[[Page 150]]

display even numbers, and green aids display odd numbers.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 88-018, 54 FR 
48608, Nov. 24, 1989]



Sec. 62.45  Light characteristics.

    (a) Lights on aids to navigation are differentiated by color and 
rhythm. Lighthouses and range lights may display distinctive light 
characteristics to facilitate recognition. No special significance 
should be attached to the color or rhythm of such lights. Other lighted 
aids to navigation employ light characteristics to convey additional 
information.
    (b) When proceeding in the Conventional Direction of Buoyage, aids 
to navigation, if lighted, display light characteristics as follows:
    (1) Green lights mark port (left) sides of channels and locations of 
wrecks or obstructions which are to be passed by keeping these lights on 
the port (left) hand of a vessel. Green lights are also used on 
Preferred Channel Marks where the topmost band is green.
    (2) Red lights mark starboard (right) sides of channels and 
locations of wrecks or obstructions which are to be passed by keeping 
these lights on the starboard (right) hand of a vessel. Red lights are 
also used on Preferred Channel Marks where the topmost band is red.
    (3) Certain lights marking the Intracoastal Waterway may display 
reversed lateral significance. See Sec. 62.49.
    (c) Yellow lights have no lateral significance. Except on the 
Western Rivers, see Sec. 62.51, white lights have no lateral 
significance. The purpose of aids exhibiting white or yellow lights may 
be determined by their shape, color, letters or numbers, and the light 
rhythm employed.
    (d) Light rhythms, except as noted in Sec. 62.51 for the Western 
Rivers, are employed as follows:
    (1) Aids with lateral significance display regularly flashing or 
regularly occulting light rhythms. Ordinarily, flashing lights 
(frequency not exceeding 30 flashes per minute) will be used.
    (2) Preferred Channel Marks display a composite group flashing light 
rhythm (groups of two flashes followed by one flash).
    (3) Safe Water Marks display a white Morse Code ``A'' rhythm (short-
long flash).
    (4) Isolated Danger Marks display a white group flashing two.
    (5) Special Marks display yellow lights with fixed or slow flashing 
rhythm preferred.
    (6) Mooring Buoys and Information and Regulatory Marks display white 
lights of various rhythms.
    (7) For situations where lights require a distinct cautionary 
significance, as at sharp turns, sudden channel constrictions, wrecks, 
or obstructions, a quick flashing light rhythm (60 flashes per minute) 
may be used.
    (e) Occasionally lights use sectors to mark shoals or warn mariners 
of other dangers. Lights so equipped show one color from most directions 
and a different color or colors over definite arcs of the horizon as 
indicated on the appropriate nautical chart. These sectors provide 
approximate bearing information since the observer should note a change 
of color as the boundary between the sectors is crossed. As sector 
bearings are not precise, they should be considered a warning only and 
not used to determine exact bearing to the light.
    (f) Aids to navigation may be fitted with light-reflecting material 
to increase their visibility in darkness. Green or red reflective 
material is used only on marks which, if lighted, would exhibit a light 
of that color. Yellow reflective material is used on special marks and 
on Intracoastal Waterway marks. No significance is attached to white 
reflective material.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 88-018, 54 FR 
48608, Nov. 24, 1989; CGD 97-018, 63 FR 33573, June 19, 1998]



Sec. 62.47  Sound signals.

    (a) Often sound signals are located on or adjacent to aids to 
navigation. When visual signals are obscured, sound signals warn 
mariners of the proximity of danger.
    (1) Sound signals are distinguished by their tone and phase 
characteristics.
    (i) Tones are determined by the devices producing the sound (i.e., 
diaphones, diaphragm horns, reed horns, sirens, whistles, bells and 
gongs).

[[Page 151]]

    (ii) Phase characteristics are defined by the signal's sound 
pattern, i.e., the number of blasts and silent periods per minute and 
their durations. Sound signals emanating from fixed structures generally 
produce a specific number of blasts and silent periods each minute when 
operating. Buoy sound signals are generally actuated by the motion of 
the sea and therefore do not emit a regular signal characteristic.
    (2) Where no live watch is maintained, sound signals are normally 
operated continuously. However, some are equipped with fog detectors 
which activate sound signals when visibility falls below a predetermined 
limit.
    (b) Mariners should not rely solely on sound signals to determine 
their positions for the following reasons:
    (1) Distance cannot be accurately determined by sound intensity.
    (2) Occasionally sound signals may not be heard in areas close to 
their location.
    (3) Signals may not sound in cases where fog exists close to, but 
not at, the location of the sound signal.
    (4) As buoy signals are generally activated by sea motion, they may 
produce no signals when seas are calm.
    (5) As previously noted, buoy positions are not always reliable. 
Therefore their sound signals cannot be assumed to be emanating from a 
fixed position.



Sec. 62.49  Intracoastal Waterway identification.

    (a) In addition to the conventional signals, aids to navigation 
marking the Intracoastal Waterway exhibit unique yellow symbols to 
distinguish them from aids marking other waters.
    (1) Yellow triangles indicate that aids to navigation so marked 
should be passed keeping them on the starboard (right) hand of a vessel, 
regardless of the aid's number, color, or light color.
    (2) Yellow squares indicate that aids to navigation so marked should 
be passed keeping them on the port (left) hand of a vessel, regardless 
of the aid's number, color, or light color.
    (3) A horizontal yellow band provides no lateral information, but 
simply identifies aids to navigation as marking the Intracoastal 
Waterway.
    (b) The above guidelines apply for vessels traversing the 
Intracoastal Waterway in a southerly direction on the Atlantic Coast, in 
a westerly direction on the Okeechobee Waterway, or in a westerly 
direction along the Gulf Coast.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987; CGD 86-031, 52 FR 46351, Dec. 5, 
1987]



Sec. 62.51  Western Rivers Marking System.

    (a) A variation of the standard U.S. aids to navigation system 
described above is employed on the Mississippi River and tributaries 
above Baton Rouge, LA and on certain other rivers which flow toward the 
Gulf of Mexico.
    (b) The Western Rivers System varies from the standard U.S. system 
as follows:
    (1) Buoys are not numbered.
    (2) Numbers on beacons do not have odd/even lateral significance 
but, rather, indicate mileage from a fixed point (normally the river 
mouth).
    (3) Diamond-shaped non-lateral dayboards, checkered red-and-white or 
green-and-white, similar to those used in the U.S. Aids to Navigation 
System, as appropriate, are used as crossing dayboards where the river 
channel crosses from one bank to the other.
    (4) Lights on green buoys and on beacons with green daymarks show a 
single flash which may be green or white.
    (5) Lights on red buoys and on beacons with red daymarks show a 
double flash [Group Flashing (2)] which may be red or white.
    (6) Isolated danger marks are not used.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD-94-091, 61 FR 
27782, June 3, 1996; USCG-2001-9286, 66 FR 33640, June 25, 2001]



Sec. 62.53  Racons.

    (a) Aids to navigation may be enhanced by the use of radar beacons 
(racons). Racons, when triggered by a radar signal, will transmit a 
coded reply to the interrogating radar. This reply serves to identify 
the aid station by exhibiting a series of dots and dashes which appear 
on the radar display in a line emanating radially from just beyond the 
echo of the aid station. Although racons may be used on both laterally 
significant and non-laterally significant aids alike, the racon signal

[[Page 152]]

itself is for identification purposes only, and therefore carries no 
lateral significance.
    (b) Racons are also used as bridge marks to mark the best point of 
passage.



Sec. 62.54  Ownership identification.

    Ownership identification on private or state aids to navigation is 
permitted so long as it does not change or hinder an understanding of 
the meaning of the aid to navigation.

[CGD 97-018, 63 FR 33573, June 19, 1998]

Subpart C [Reserved]



     Subpart D_Public Participation in the Aids to Navigation System



Sec. 62.63  Recommendations.

    (a) The public may recommend changes to existing aids to navigation, 
request new aids or the discontinuation of existing aids, and report 
aids no longer necessary for maritime safety. These recommendations 
should be sent to the appropriate District Commander.
    (b) Recommendations, requests and reports should be documented with 
as much information as possible to justify the proposed action. 
Desirable information includes:
    (1) Nature of the vessels which transit the area(s) in the question, 
including type, displacement, draft, and number of passengers and crew.
    (2) Where practicable, the kinds of navigating devices used aboard 
such vessels (e.g, magnetic or gyro compasses, radio direction finders, 
radar, loran, and searchlights).
    (3) A chartlet or sketch describing the actual or proposed location 
of the aid(s), and a description of the action requested or recommended.



Sec. 62.65  Procedure for reporting defects and discrepancies.

    (a) Mariners should notify the nearest Coast Guard facility 
immediately of any observed aids to navigation defects or discrepancies.
    (b) The Coast Guard cannot monitor the many thousands of aids in the 
U.S. Aids to Navigation System simultaneously and continuously. As a 
result, it is not possible to maintain every aid operating properly and 
on its charted position at all times. Marine safety will be enhanced if 
persons finding aids missing, sunk, capsized, damaged, off station, or 
showing characteristics other than those advertised in the Light List, 
or other publication, promptly inform the Coast Guard. When making the 
report to the Coast Guard the mariner should consult the Light List to 
ensure the correct geographical information is used due to the 
similarity of names and geographical areas.
    (c) Procedures for reporting defects and discrepancies:
    (1) Radio messages should be prefixed ``Coast Guard'' and 
transmitted directly to a Government shore radio station listed in 
Chapter three of Radio Navigation Aids Publication, 117, for relay to 
the relevant District Commander.
    (2) Telephone, e-mail, or facsimile messages may also be used to 
advise the nearest Coast Guard unit of defects or discrepancies in aids 
to navigation.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by USCG-2000-7223, 65 
FR 40054, June 29, 2000; USCG-2001-9286, 66 FR 33640, June 25, 2001; 
USCG-2001-10714, 69 FR 24982, May 5, 2004]



PART 64_MARKING OF STRUCTURES, SUNKEN VESSELS AND OTHER OBSTRUCTIONS
--Table of Contents




                            Subpart A_General

Sec.
64.01 Purpose.
64.03 Scope.
64.06 Definition of terms.

             Subpart B_Sunken Vessels and Other Obstructions

64.11 Marking and notification requirements.
64.13 Approval of markings.
64.16 Duration of marking on sunken vessels in navigable waters.

                          Subpart C_Structures

64.21 Marking and notification requirements.
64.23 Duration of marking on structures.

[[Page 153]]

                   Subpart D_Miscellaneous Provisions

64.31 Determination of hazard to navigation.
64.33 Marking by the Coast Guard.

    Authority: 14 U.S.C. 633; 33 U.S.C. 409, 1231; 42 U.S.C. 9118; 43 
U.S.C. 1333; Department of Homeland Security Delegation No. 0170.

    Source: CGD 78-156, 48 FR 11267, Mar. 17, 1983, unless otherwise 
noted.



                            Subpart A_General

    Source: CGD 78-156, 48 FR 11267, Mar. 17, 1983, unless otherwise 
noted. Redesignated by CGD 91-031, 57 FR 43402, Sept. 21, 1992.



Sec. 64.01  Purpose.

    This part prescribes rules relating to the marking of structures, 
sunken vessels and other obstructions for the protection of maritime 
navigation.



Sec. 64.03  Scope.

    (a) Except as provided in paragraph (b) of this section these rules 
apply to:
    (1) Structures located in or over waters subject to the jurisdiction 
of the United States and, on the high seas, structures owned or operated 
by persons subject to the jurisdiction of the United States;
    (2) Sunken vessels in the navigable waters or waters above the 
continental shelf of the United States; and
    (3) Other obstructions existing on or in the navigable waters or 
waters above the continental shelf of the United States.
    (b) The following obstructions are exempt from the requirements of 
this part:
    (1) Dredging pipelines subject to Subchapter D of this chapter;
    (2) Bridges subject to Subchapter J of this chapter;
    (3) Vessels subject to the International Regulations for preventing 
Collisions at Sea, 1972 (1972 COLREGS) or the Inland Navigation Rules;
    (4) Deepwater port facilities subject to subchapter NN of this 
chapter; and
    (5) Artificial islands and structures subject to Part 67 of this 
subchapter.



Sec. 64.06  Definition of terms.

    As used in this part:
    Hazard to navigation means an obstruction, usually sunken, that 
presents sufficient danger to navigation so as to require expeditious, 
affirmative action such as marking, removal, or redefinition of a 
designated waterway to provide for navigational safety.
    Markings means the lights and other signals placed on or near 
structures, sunken vessels, and other obstructions for the protection of 
navigation.
    Navigable waters of the United States means those waters described 
in Sec. 2.36(a) of this chapter, specifically including the waters 
described in Sec. 2.22(a)(2) of this chapter.
    Obstruction means anything that restricts, endangers, or interferes 
with navigation.
    Structures means any fixed or floating obstruction, intentionally 
placed in the water, which may interfere with or restrict marine 
navigation.

[CGD 78-156, 48 FR 11267, Mar. 17, 1983. Redesignated and amended by CGD 
91-031, 57 FR 43402, Sept. 21, 1992; USCG-2001-9044, 68 FR 42601, July 
18, 2003]



             Subpart B_Sunken Vessels and Other Obstructions

    Source: CGD 78-156, 48 FR 11267, Mar. 17, 1983, unless otherwise 
noted. Redesignated by CGD 91-031, 57 FR 43402, Sept. 21, 1992.



Sec. 64.11  Marking and notification requirements.

    (a) The owner of a vessel, raft, or other craft wrecked and sunk in 
a navigable channel shall mark it immediately with a buoy or daymark 
during the day and with a light at night. The owner of a sunken vessel, 
raft, or other obstruction that otherwise constitutes a hazard to 
navigation shall mark it in accordance with this subchapter.
    (b) Owners of vessels sunk in waters subject to the jurisdiction of 
the United States or sunk on the high seas, if the owner is subject to 
the jurisdiction of the United States, shall promptly report to the 
District Commander, in whose jurisdiction the obstruction is located, 
the action they are taking to mark the sunken vessel, giving the 
following information (in addition to the information required by 46 CFR 
4.05, Notice of Marine Casualty and Voyage Records):
    (1) Name and description of the sunken vessel;

[[Page 154]]

    (2) Accurate description of the location of the vessel;
    (3) Depth of water over the vessel; and
    (4) Location and type of marking established, including color and 
shape of buoy or other daymark and characteristic of the light.
    (c) Owners of other obstructions may report the existence of such 
obstructions and mark them in the same manner as prescribed for sunken 
vessels.
    (d) Owners of marine pipelines that are determined to be hazards to 
navigation shall report and mark the hazardous portion of those 
pipelines in accordance with 49 CFR parts 192 or 195, as applicable.

    Note: Outer Continental Shelf (OCS) lessees are subject to 
additional notification requirements provided in OCS Order No.1, 
paragraph 4 (44 FR 76216, December 21, 1979), issued by U.S. Geological 
Survey.

[CGD 78-156, 48 FR 11267, Mar. 17, 1983. Redesignated and amended by CGD 
91-031, 57 FR 43402, Sept. 21, 1992; USCG-1998-3799, 63 FR 35526, June 
30, 1998]



Sec. 64.13  Approval of markings.

    (a) All markings of sunken vessels and other obstructions 
established in accordance with Sec. 64.11 must be reported to and 
approved by the appropriate District Commander.
    (b) Should the District Commander determine that these markings are 
inconsistent with Part 62 of this subchapter, they must be replaced as 
soon as practicable with approved markings.

[ CGD 78-156, 48 FR 11267, Mar. 17, 1983. Redesignated by CGD 91-031, 57 
FR 43402, Sept. 21, 1992, and amended by USCG-2001-9286, 66 FR 33640, 
June 25, 2001]



Sec. 64.16  Duration of marking on sunken vessels in navigable waters.

    Markings shall be maintained until:
    (a) The sunken vessel or other obstruction is removed; or
    (b) The right of the owner to abandon is legally established and 
exercised.

    Note: Notices of abandonment of sunken vessels or other obstructions 
will not be accepted by the Coast Guard. Any notice of intention to 
abandon should be addressed to the District Engineer, Corps of 
Engineers, U.S. Army, within whose district the sunken vessel or other 
obstruction is located.



                          Subpart C_Structures

    Source: CGD 78-156, 48 FR 11267, Mar. 17, 1983, unless otherwise 
noted. Redesignated by CGD 91-031, 57 FR 43402, Sept. 21, 1992.



Sec. 64.21  Marking and notification requirements.

    Before establishing a structure, the owner or operator shall apply 
for Coast Guard authorization to mark the structure in accordance with 
Sec. 66.01-5 of this chapter. The appropriate District Commander will 
determine the marking requirements.



Sec. 64.23  Duration of marking on structures.

    Markings determined to be required shall be established and 
maintained until:
    (a) The structure is removed; or
    (b) Otherwise directed by the District Commander.



                   Subpart D_Miscellaneous Provisions

    Source: CGD 78-156, 48 FR 11267, Mar. 17, 1983, unless otherwise 
noted. Redesignated by CGD 91-031, 57 FR 43402, Sept. 21, 1992.



Sec. 64.31  Determination of hazard to navigation.

    In determining whether an obstruction is a hazard to navigation for 
the purposes of marking, the District Commander considers, but is not 
limited to, the following factors:
    (a) Location of the obstruction in relation to the navigable channel 
and other navigational traffic patterns;
    (b) Navigational difficulty in the vicinity of the obstruction;
    (c) Depth of water over the obstruction, fluctuation of the water 
level, and other hydrologic characteristics in the area;
    (d) Draft, type, and density of vessel traffic or other marine 
activity in the vicinity of the obstruction;
    (e) Physical characteristics of the obstruction;
    (f) Possible movement of the obstruction;
    (g) Location of the obstruction in relation to other obstructions or 
aids to navigation;

[[Page 155]]

    (h) Prevailing and historical weather conditions;
    (i) Length of time that the obstruction has been in existence;
    (j) History of vessel incidents involving the obstruction; and
    (k) Whether the obstruction is defined as a hazard to navigation 
under other statutes or regulations.

[CGD 91-031, 57 FR 43403, Sept. 21, 1992]



Sec. 64.33  Marking by the Coast Guard.

    (a) The District Commander may mark for the protection of maritime 
navigation any structure, sunken vessel or other obstruction that is not 
suitably marked by the owner. Markings established by the Coast Guard do 
not relieve the owner's duty or responsibility to mark the sunken vessel 
or other obstruction, or to remove it as required by law.
    (b) Costs for markings established by the Coast Guard will be 
determined in accordance with part 74 of this Chapter.
    (c) Costs for marking of a sunken vessel or other obstruction shall 
be charged to the owner and shall continue until:
    (1) The vessel or other obstruction is removed;
    (2) The right of the owner to abandon is legally established and has 
been exercised; or
    (3) The District Commander directs otherwise.

    Note: When the needs of navigation permit, the owner may be given 
reasonable opportunity to establish and maintain the necessary markings.



PART 66_PRIVATE AIDS TO NAVIGATION--Table of Contents




      Subpart 66.01_Aids to Navigation Other Than Federal or State

Sec.
66.01-1 Basic provisions.
66.01-3 Delegation of authority to District Commanders.
66.01-5 Application procedure.
66.01-10 Characteristics.
66.01-11 Lights.
66.01-12 May I continue to use the private aid to navigation I am 
          currently using?
66.01-13 When must my newly manufactured equipment comply with these 
          rules?
66.01-14 Label affixed by manufacturer.
66.01-15 Action by Coast Guard.
66.01-20 Inspection.
66.01-25 Discontinuance and removal.
66.01-30 Corps of Engineers' approval.
66.01-40 Exemptions.
66.01-45 Penalties.
66.01-50 Protection of private aids to navigation.
66.01-55 Transfer of ownership.

                 Subpart 66.05_State Aids to Navigation

66.05-1 Purpose.
66.05-5 Definitions.
66.05-10 State waters for private aids to navigation; designations; 
          revisions, and revocations.
66.05-20 Coast Guard-State agreements.
66.05-25 Change and modification of State aids to navigation.
66.05-30 Notice to Mariners.
66.05-35 Private aids to navigation other than State owned.
66.05-40 Corps of Engineers' approval.
66.05-100 Designation of navigable waters as State waters for private 
          aids to navigation.

           Subpart 66.10_Uniform State Waterway Marking System

66.10-1 General.
66.10-5 [Reserved]
66.10-10 [Reserved]
66.10-15 Aids to navigation.
66.10-35 Navigation lights.

    Authority: 14 U.S.C. 83, 84, 85; 43 U.S.C. 1333; Pub. L. 107-296, 
116 Stat. 2135; Department of Homeland Security Delegation No. 0170.1.



      Subpart 66.01_Aids to Navigation Other Than Federal or State

    Source: CGFR 68-152, 33 FR 19816, Dec. 27, 1968, unless otherwise 
noted.



Sec. 66.01-1  Basic provisions.

    (a) No person, public body or instrumentality not under the control 
of the Commandant, exclusive of the Armed Forces, shall establish and 
maintain, discontinue, change or transfer ownership of any aid to 
maritime navigation, without first obtaining permission to do so from 
the Commandant.
    (b) For the purposes of this subpart, the term private aids to 
navigation includes all marine aids to navigation operated in the 
navigable waters of the United States other than those operated by the 
Federal Government (part 62 of this subchapter) or those operated

[[Page 156]]

in State waters for private aids to navigation (subpart 66.05).
    (c) Coast Guard authorization of a private aid to navigation does 
not authorize any invasion of private rights, nor grant any exclusive 
privileges, nor does it obviate the necessity of complying with any 
other Federal, State or local laws or regulations.
    (d) With the exception of radar beacons (racons) and shore based 
radar stations, operation of electronic aids to navigation as private 
aids will not be authorized.

[CGFR 68-152, 33 FR 19816, Dec. 27, 1968, as amended by CGD 85-057, 51 
FR 11448, Apr. 3, 1986]



Sec. 66.01-3  Delegation of authority to District Commanders.

    (a) Under Section 888 of Pub. L. 107-296, 116 Stat. 2135, the 
Commandant delegates to the District Commanders within the confines of 
their respective districts (see Part 3 of this chapter for descriptions) 
the authority to grant permission to establish and maintain, 
discontinue, change or transfer ownership of private aids to maritime 
navigation, and otherwise administer the requirements of this subpart.
    (b) The decisions of the District Commander may be appealed within 
30 days from the date of decision. The decision of the Commandant in any 
case is final.

[CGFR 68-152, 33 FR 19816, Dec. 27, 1968, as amended by USCG-1998-3799, 
63 FR 35526, June 30, 1998; USCG-2003-14505, 68 FR 9535, Feb. 28, 2003]



Sec. 66.01-5  Application procedure.

    To establish and maintain, discontinue, change, or transfer 
ownership of a private aid to navigation, you must apply to the 
Commander of the Coast Guard District in which the aid is or will be 
located. You can find application form CG-2554 at http://
www.uscgboating.org/safety/aton/aids.htm or you can request a paper copy 
by calling the Boating Safety Information line at (800) 368-5647. You 
must complete all parts of the form applicable to the aid concerned, and 
must forward the application to the District Commander. You must include 
the following information:
    (a) The proposed position of the aid to navigation by two or more 
horizontal angles, bearings and distance from charted landmarks, or the 
latitude and longitude as determined by GPS or differential GPS. Attach 
a section of chart or sketch showing the proposed position.
    (b) The name and address of the person at whose expense the aid will 
be maintained.
    (c) The name and address of the person who will maintain the aid to 
navigation.
    (d) The time and dates during which it is proposed to operate the 
aid.
    (e) The necessity for the aid.
    (f) For lights: The color, characteristic, range, effective 
intensity, height above water, and description of illuminating 
apparatus. Attach a copy of the manufacturer's data sheet to the 
application.
    (g) For sound signals: Type (whistle, horn, bell, etc.) and 
characteristic.
    (h) For buoys or daybeacons: Shape, color, number, or letter, depth 
of water in which located or height above water.
    (i) For racons: Manufacturer and model number of racon, height above 
water of desired installation, and requested coding characteristic. 
Equipment must have FCC authorization.

[CGFR 68-152, 33 FR 19816, Dec. 27, 1968, as amended by CGD 85-057, 51 
FR 11448, Apr. 3, 1986; USCG-2000-7466, 68 FR 68238, Dec. 8, 2003; USCG-
2000-7466, 69 FR 12541, Mar. 17, 2004; USCG-2001-10714, 69 FR 24982, May 
5, 2004]



Sec. 66.01-10  Characteristics.

    The characteristics of a private aid to navigation must conform to 
those prescribed by the United States Aids to Navigation System set 
forth in subpart B of part 62 of this subchapter.

[USCG-2000-7466, 68 FR 68238, Dec. 8, 2003]



Sec. 66.01-11  Lights.

    (a) Except for range and sector lights, each light approved as a 
private aid to navigation must:
    (1) Have at least the effective intensity required by this subpart 
omnidirectionally in the horizontal plane, except at the seams of its 
lens-mold.
    (2) Have at least 50% of the effective intensity required by this 
subpart within 2[deg] of the horizontal plane.

[[Page 157]]

    (3) Have a minimum effective intensity of at least 1 candela for a 
range of 1 nautical mile, 3 candelas for one of 2 nautical miles, 10 
candelas for one of 3 nautical miles, and 54 candelas for one of 5 
nautical miles. The District Commander may change the requirements for 
minimum intensity to account for local environmental conditions. For a 
flashing light this intensity is determined by the following formula:

Ie=G/(0.2+t2-t1)

Where:

Ie = Effective intensity
G = The integral of the instantaneous intensity of the flashed light 
with respect to time
t1 = Time in seconds at the beginning of the flash
t2 = Time in seconds at the end of the flash
t2-t1 is greater than or equal to 0.2 seconds.

    (4) Unless the light is a prefocused lantern, have a means of 
verifying that the source of the light is at the focal point of the 
lens.
    (5) Emit a color within the angle of 50% effective intensity with 
color coordinates lying within the boundaries defined by the corner 
coordinates in Table 66.01-11(5) of this part when plotted on the 
Standard Observer Diagram of the International Commission on 
Illumination (CIE).

             Table 66.01-11(5)--Coordinates of Chromaticity
------------------------------------------------------------------------
                                                        Coordinates of
                                                         chromaticity
                        Color                        -------------------
                                                       x axis    y axis
------------------------------------------------------------------------
White...............................................     0.500     0.382
                                                         0.440     0.382
                                                         0.285     0.264
                                                         0.285     0.332
                                                         0.453     0.440
                                                         0.500     0.440
Green...............................................     0.305     0.689
                                                         0.321     0.494
                                                         0.228     0.351
                                                         0.028     0.385
Red.................................................     0.735     0.265
                                                         0.721     0.259
                                                         0.645     0.335
                                                         0.665     0.335
Yellow..............................................     0.618     0.382
                                                         0.612     0.382
                                                         0.555     0.435
                                                         0.560     0.440
------------------------------------------------------------------------

    (6) Have a recommended interval for replacement of the source of 
light that ensures that the lantern meets the minimal required intensity 
stated in paragraph (a)(3) of this section in case of degradation of 
either the source of light or the lens.
    (7) Have autonomy of at least 10 days if the light has a self-
contained power system. Power production for the prospective position 
should exceed the load during the worst average month of insolation. The 
literature concerning the light must clearly state the operating limits 
and service intervals. Low-voltage disconnects used to protect the 
battery must operate so as to prevent sporadic operation at night.
    (b) The manufacturer of each light approved as a private aid to 
navigation must certify compliance by means of an indelible plate or 
label affixed to the aid that meets the requirements of Sec. 66.01-14.

[USCG-2000-7466, 68 FR 68238, Dec. 8, 2003]



Sec. 66.01-12  May I continue to use the private aid to navigation I 
am currently using?

    If, after March 8, 2004, you modify, replace, or install any light 
that requires a new application as described in Sec. 66.01-5, you must 
comply with the rules in this part.

[USCG-2000-7466, 68 FR 68239, Dec. 8, 2003]



Sec. 66.01-13  When must my newly manufactured equipment comply with 
these rules?

    After March 8, 2004, equipment manufactured for use as a private aid 
to navigation must comply with the rules in this part.

[USCG-2000-7466, 68 FR 68239, Dec. 8, 2003]



Sec. 66.01-14  Label affixed by manufacturer.

    (a) Each light, intended or used as a private aid to navigation 
authorized by this part, must bear a legible, indelible label (or 
labels) affixed by the manufacturer and containing the following 
information:
    (1) Name of the manufacturer.
    (2) Model number.
    (3) Serial number.
    (4) Words to this effect: ``This equipment complies with 
requirements of the U.S. Coast Guard in 33 CFR part 66.''
    (b) This label must last the service life of the equipment.

[[Page 158]]

    (c) The manufacturer must provide the purchaser a data sheet 
containing the following information:
    (1) Recommended service life based on the degradation of either the 
source of light or the lamp.
    (2) Range in nautical miles.
    (3) Effective intensity in candela.
    (4) Size of lamp (incandescent only).
    (5) Interval, in days or years, for replacement of dry-cell or 
rechargeable battery.

[USCG-2000-7466, 68 FR 68239, Dec. 8, 2003]



Sec. 66.01-15  Action by Coast Guard.

    (a) The District Commander receiving the application will review it 
for completeness and will assign the aid one of the following 
classifications:
    Class I: Aids to navigation on marine structures or other works 
which the owners are legally obligated to establish, maintain and 
operate as prescribed by the Coast Guard.
    Class II: Aids to navigation exclusive of Class I located in waters 
used by general navigation.
    Class III: Aids to navigation exclusive of Class I located in waters 
not ordinarily used by general navigation.
    (b) Upon approval by the District Commander, a signed copy of the 
application will be returned to the applicant. Approval for the 
operation of radar beacons (racons) will be effective for an initial two 
year period, then subject to annual review without further submission 
required of the owner.

[CGFR 68-152, 33 FR 19816, Dec. 27, 1968, as amended by CGD 85-057, 51 
FR 11448, Apr. 3, 1986]



Sec. 66.01-20  Inspection.

    All classes of private aids to navigation shall be maintained in 
proper operating condition. They are subject to inspection by the Coast 
Guard at any time and without prior notice.



Sec. 66.01-25  Discontinuance and removal.

    (a) No person, public body or instrumentality shall change, move or 
discontinue any authorized private aid to navigation required by statute 
or regulation (Class I, Sec. 66.01-15) without first obtaining 
permission to do so from the District Commander.
    (b) Any authorized private aid to navigation not required by statute 
or regulation (Classes II and III, Sec. 66.01-15) may be discontinued 
and removed by the owner after 30 days' notice to the District Commander 
to whom the original request for authorization for establishment of the 
aid was submitted.
    (c) Private aids to navigation which have been authorized pursuant 
to this part shall be discontinued and removed without expense to the 
United States by the person, public body or instrumentality establishing 
or maintaining such aids when so directed by the District Commander.



Sec. 66.01-30  Corps of Engineers' approval.

    (a) Before any private aid to navigation consisting of a fixed 
structure is placed in the navigable waters of the United States, 
authorization to erect such structure shall first be obtained from the 
District Engineer, U.S. Army Corps of Engineers in whose district the 
aid will be located.
    (b) The application to establish any private aid to navigation 
consisting of a fixed structure shall show evidence of the required 
permit having been issued by the Corps of Engineers.



Sec. 66.01-40  Exemptions.

    (a) Nothing in the preceding sections of this subpart shall be 
construed to interfere with or nullify the requirements of existing laws 
and regulations pertaining to the marking of structures, vessels and 
other obstructions sunken in waters subject to the jurisdiction of the 
United States (Part 64 of this subchapter), the marking of artificial 
islands and structures which are erected on or over the seabed and 
subsoil of the Outer Continental Shelf (Part 67 of this subchapter), or 
the lighting of bridges over navigable waters of the United States 
(Subchapter J of this subchapter).
    (b) Persons marking bridges pursuant to Subchapter J of this title 
are exempted from the provisions of Sec. 66.01-5.

[CGD 78-156, 48 FR 11268, Mar. 17, 1983]



Sec. 66.01-45  Penalties.

    Any person, public body or instrumentality, excluding the armed 
forces,

[[Page 159]]

who shall establish, erect or maintain any aid to maritime navigation 
without first obtaining authority to do so from the Coast Guard, with 
the exception of those established in accordance with Sec. 64.10 of 
this chapter, or who shall violate the regulations relative thereto 
issued in this part, is subject to the provisions of 14 U.S.C. 83.

[CGD 78-156, 48 FR 11268, Mar. 17, 1983]



Sec. 66.01-50  Protection of private aids to navigation.

    Private aids to navigation lawfully maintained under these 
regulations are entitled to the same protection against interference or 
obstruction as is afforded by law to Coast Guard aids to navigation 
(Part 70 of this subchapter). If interference or obstruction occurs, a 
prompt report containing all the evidence available should be made to 
the Commander of the Coast Guard District in which the aids are located.



Sec. 66.01-55  Transfer of ownership.

    (a) When any private aid to navigation authorized by the District 
Commander, or the essential real estate or facility with which the aid 
is associated, is sold or transferred, both parties to the transaction 
shall submit application (Sec. 66.01-5) to the Commander of the Coast 
Guard District in which the aid is located requesting authority to 
transfer responsibility for maintenance of the aid.
    (b) The party relinquishing responsibility for maintenance of the 
private aid to navigation shall indicate on the application form (CG-
2554) both the discontinuance and the change of ownership of the aid 
sold or transferred.
    (c) The party accepting responsibility for maintenance of the 
private aid to navigation shall indicate on the application form (CG-
2554) both the establishment and the change of ownership of the aid sold 
or transferred.
    (d) In the event the new owner of the essential real estate or 
facility with which the aid is associated refuses to accept 
responsibility for maintenance of the aid, the former owner shall be 
required to remove the aid without expense to the United States. This 
requirement shall not apply in the case of any authorized private aid to 
navigation required by statute or regulation (Class I, Sec. 66.01-15) 
which shall be maintained by the new owner until the conditions which 
made the aid necessary have been eliminated.



                 Subpart 66.05_State Aids to Navigation

    Source: CGFR 66-32, 31 FR 10320, July 30, 1966, unless otherwise 
noted.



Sec. 66.05-1  Purpose.

    The purpose of the regulations in this subpart is to prescribe the 
conditions under which state governments may regulate aids to navigation 
owned by state or local governments, or private parties. With the 
exception on the provisions of subpart 66.10, which are valid until 
December 31, 2003, aids to navigation must be in accordance with the 
United States Aids to Navigation System in part 62 of this subchapter.

[CGD 97-018, 63 FR 33573, June 19, 1998]



Sec. 66.05-5  Definitions.

    (a) The term State waters for private aids to navigation means those 
navigable waters of the United States which the Commandant, upon request 
of a State Administrator, has designated as waters within which a State 
government may regulate the establishment, operation, and maintenance of 
marine aids to navigation, including regulatory markers. The Commandant 
will entertain requests to make such designations with respect to 
navigable waters of the United States not marked by the Federal 
government. These designations when approved will be set forth in 
separate sections by States in this subpart and will briefly describe or 
identify waters so designated.
    (b) The term Uniform State Waterway Marking System (USWMS) means the 
system of private aids to navigation which may be operated in State 
waters. Subpart 66.10, which describes the USWMS, expires on December 
31, 2003.
    (c) The term State Administrator means the official of a State 
having power under the law of the State to regulate, establish, operate 
or maintain maritime aids to navigation on

[[Page 160]]

waters over which the State has jurisdiction.
    (d) The term State aids to navigation means all private marine aids 
to navigation operated in State waters for private aids to navigation, 
whether owned by a State, political subdivisions thereof or by 
individuals, corporations, or organizations.
    (e) The term regulate State maritime aids to navigation means to 
control the establishment, disestablishment, operation and maintenance 
of State aids to navigation.

[CGFR 66-32, 31 FR 10320, July 30, 1966, as amended by CGD 97-018, 63 FR 
33573, June 19, 1998]



Sec. 66.05-10  State waters for private aids to navigation; 
designations; revisions, and revocations.

    (a) A State Administrator who desires to regulate State maritime 
aids to navigation in the navigable waters of the United States not 
marked by the Federal Government, shall request the Commandant to 
designate the specific bodies of water involved as State waters for 
private aids to navigation.
    (b) The request shall be forwarded to the District Commander in 
whose district the bodies of water are located. The request shall give 
the name and description of the waterway; the extent of use being made 
of the waterway for marine navigation, in general terms; an appropriate 
chart or sketch of the area; and a general outline of the nature and 
extent of the State aids to navigation which the Administrator plans to 
establish in the waterway.
    (c) The District Commander shall review the request and consult with 
the State Administrator concerning the terms of an initial agreement to 
be entered into under provisions of Sec. 66.05-20. When they have 
arrived at terms of an agreement satisfactory to both, the District 
Commander shall forward the request to the Commandant with 
recommendations and the terms of agreement mutually settled upon. If 
they cannot reach such agreement, the District Commander shall forward 
the request with recommendations and a statement of the points agreed 
upon and the points remaining at issue.
    (d) Upon receipt of the request, the Commandant will determine 
whether or not approval of the request is in the public interest and 
will inform the State Administrator and the District Commander of the 
Coast Guard's decision. If the request is approved, the designation by 
the Commandant of the waters in question as State waters for private 
aids to navigation will be also defined and described in this subpart.
    (e) The Commandant may, upon his or her own initiative or upon 
request, revoke or revise any designations of State waters for private 
aids to navigation previously made by him or her. Written notice shall 
be given the State Administrator of the action contemplated by the 
Commandant. The State Administrator will be afforded a period of not 
less than 30 days from the date of the notice in which to inform the 
Commandant of the State's views in the matter before final action is 
completed to revoke or revise such designation.

[CGFR 66-32, 31 FR 10320, July 30, 1966, as amended by USCG-2001-10714, 
69 FR 24982, May 5, 2004]



Sec. 66.05-20  Coast Guard-State agreements.

    (a) The District Commander in whose District a waterway is located 
may enter into agreements with State Administrators permitting a State 
to regulate aids to navigation, including regulatory markers, in State 
waters for private aids to navigation, as, in the opinion of the 
District Commander, the State is able to do in a manner to improve the 
safety of navigation. When a waterway is located within the area of 
jurisdiction of more than one Coast Guard District, the District 
Commander in whose District the State capital is located shall execute 
the agreement in behalf of the Coast Guard. All such agreements shall 
reserve to the District Commander the right to inspect the State aids to 
navigation without prior notice to the State. They shall stipulate that 
State aids to navigation will conform to the Uniform State Waterway 
marking System or to the U.S. Aids to Navigation System and that the 
State Administrator will modify or remove State aids to navigation 
without expense to the United States when so directed by the District 
Commander, subject to the

[[Page 161]]

right of appeal on the part of the State Administrator to the 
Commandant.
    (b) A Coast Guard-State agreement shall become effective when both 
parties have signed the agreements. In lieu of the procedure prescribed 
in Sec. 66.01-5, the agreement shall constitute blanket approval by the 
Commandant, of the State aids to navigation, including regulatory 
markers, established or to be established in State waters for private 
aids to navigation designated or to be designated by the Commandant.
    (c) In addition to the matters set forth in paragraph (a) of this 
section, Coast Guard-State agreements shall cover the following points, 
together with such other matters as the parties find it desirable to 
include:
    (1) A description, in sufficient detail for publication in Notices 
to Mariners, of all aids to navigations under State jurisdiction in 
navigable waters of the United States in existence prior to the 
effective date of the agreement which have not been previously approved 
under procedures of Sec. 66.01-5.
    (2) Procedures for use by the State administrator to notify the 
District Commander of changes made in State aids to navigation, as 
required by Sec. 66.05-25.
    (3) If prior to December 21, 2003, specification of the marking 
system to be used, whether the U.S. Aids to Navigation System or the 
Uniform State Waterway Marking System.
    (4) Specification of standards as to minimum size and shape of 
markers, the use of identifying letters, the use of reflectors or 
retroreflective materials, and any other similar standards so as to 
enable Coast Guard inspectors to determine compliance with Statewide 
standards.

[CGD 86-031, 52 FR 42645, Nov. 6, 1987, as amended by CGD 97-018, 63 FR 
33573, June 19, 1998]



Sec. 66.05-25  Change and modification of State aids to navigation.

    Wherever a State Administrator determines the need for change in 
State aids to navigation, he or she must inform the District Commander 
of the nature and extent of the changes, as soon as possible, but not 
less than 30 days in advance of making the changes.

[USCG-2001-10714, 69 FR 24982, May 5, 2004]



Sec. 66.05-30  Notice to Mariners.

    (a) To improve public safety, the District Commander may publish 
information concerning State aids to navigation, including regulatory 
markers, in the Coast Guard Local Notices to Mariners.
    (b) Notices to Mariners which concern the establishment, 
disestablishment, or change of State aids to navigation, including 
regulatory markers, may be published whenever the aids to navigation 
concerned are covered by navigational charts or maps issued by the 
National Ocean Service or the U.S. Army Corps of Engineers.

[CGFR 66-32, 31 FR 10320, July 30, 1966, as amended by USCG-2000-7223, 
65 FR 40055, June 29, 2000; USCG-2001-9286, 66 FR 33640, June 25, 2001; 
USCG-2001-10714, 69 FR 24982, May 5, 2004]



Sec. 66.05-35  Private aids to navigation other than State owned.

    (a) No person, public body or other instrumentality not under 
control of the Commandant or the State Administrator, exclusive of the 
Armed Forces of the United States, shall establish, erect or maintain in 
State waters for private aids to navigation any aid to navigation 
without first obtaining permission to do so from the State 
Administrator. Discontinuance of any State aids to navigation may be 
effected by order of the State Administrator.



Sec. 66.05-40  Corps of Engineers' approval.

    (a) In each instance where a regulatory marker is to be established 
in navigable waters of the United States which have been designated by 
the Commandant as State waters for private aids to navigation, the State 
Administrator is responsible for obtaining prior permission from the 
District Engineer, U.S. Army Corps of Engineers concerned, authorizing 
the State to regulate the water area involved, or a statement that there 
is no objection to the proposed regulation of the water area. A copy of 
the Corps of Engineers permit or letter of authority shall be

[[Page 162]]

provided by the Administrator to the District Commander upon request.
    (b) Similarly, where an aid to navigation is to be placed on a fixed 
structure or a mooring buoy is to be established in State waters for 
private aids to navigation, the State Administrator shall assure that 
prior permission or a statement of no objection to the structures or 
mooring buoys proposed is obtained from the District Engineer concerned. 
A copy of the permit or letter is not required by the District 
Commander.



Sec. 66.05-100  Designation of navigable waters as State waters for 
private aids to navigation.

    In accordance with the procedures contained in Sec. 66.05-10(d), 
the following navigable waters listed by the State in which they are 
located, are designated as State waters for private aids to navigation:
    (a) Arizona. The portion of Lake Havasu within the State, except 
that portion within Havasu Lake National Wildlife Refuge.
    (b) Louisiana. The portion of Toledo Bend Reservoir within the 
State.
    (c) Missouri. Teach water within the State except the:
    (1) Mississippi River; and
    (2) Missouri River.
    (d) Montana. The portion of Missouri River between the U.S. Highway 
287 bridge near Townsend and Great Falls including the following 
impoundments:
    (1) Black Eagle Dam Reservoir.
    (2) Canyon Ferry Reservoir.
    (3) Hauser Lake.
    (4) Holter Lake.
    (5) Rainbow Dam Reservoir.
    (e) North Carolina. Navigable waters within the State not marked 
with Coast Guard aids to navigation on June 1, 1973.
    (f) Pennsylvania. The portion of Youghiogheny River Reservoir within 
the State.
    (f-1) South Carolina. (1) The portion of Lake Wylie within the 
State; (2) Lake Marion; (3) Lake Moultrie; and (4) Lake Murray.
    (g) Texas. The portion of Toledo Bend Reservoir within the State.
    (h) Virginia. (1) Claytor Lake, on the New River in Pulaski County.
    (2) Leesville Lake, on the Roanoke River below Smith Mountain Dam.
    (3) The portions of the following reservoirs within the State:
    (i) Gaston.
    (ii) Holston.
    (iii) John H. Kerr.
    (iv) Philpott.
    (i) Wisconsin. Navigable waters within the State not marked with 
Coast Guard aids to navigation as of May 1, 1996.

[CGD 72-154R, 38 FR 33473, Dec. 5, 1973, as amended by CGD 76-015, 41 FR 
12879, Mar. 29, 1976; CGD 80-132, 46 FR 27643, May 21, 1981; CGD 98-
3604, 63 FR 55947, Oct. 20, 1998; USCG-2001-10714, 69 FR 24982, May 5, 
2004]



           Subpart 66.10_Uniform State Waterway Marking System



Sec. 66.10-1  General.

    (a) Until December 31, 2003, the Uniform State Waterway Marking 
System's (USWMS) aids to navigation provisions for marking channels and 
obstructions may be used in those navigable waters of the U.S. that have 
been designated as state waters for private aids to navigation and in 
those internal waters that are non-navigable waters of the U.S. All 
other provisions for the use of regulatory markers and other aids to 
navigation shall be in accordance with United States Aid to Navigation 
System, described in part 62 of this subchapter.
    (b) The USATONS may be used in all U.S. waters under state 
jurisdiction, including non-navigable state waters.

[CGD 97-018, 63 FR 33574, June 19, 1998]



Sec. 66.10-5  [Reserved]



Sec. 66.10-10  [Reserved]



Sec. 66.10-15  Aids to navigation.

    (a) USWMS aids to navigation may have lateral or cardinal meaning.
    (b) On a well defined channel including a river or other relatively 
narrow natural or improved waterway, an aid to navigation shall normally 
be a solid colored buoy. A buoy which marks the left side of the channel 
viewed looking upstream or toward the head of navigation shall be 
colored all black. A buoy which marks the right side of the channel 
viewed looking upstream or toward

[[Page 163]]

the head of navigation shall be colored all red. On a well defined 
channel, solid colored buoys shall be established in pairs, one on each 
side of the navigable channel which they mark, and opposite each other 
to inform the user that the channel lies between the buoys and that the 
user should pass between the buoys.
    (c) On an irregularly defined channel, solid colored buoys may be 
used singly in staggered fashion on alternate sides of the channel 
provided they are spaced at sufficiently close intervals to inform the 
user that the channel lies between the buoys and that the user should 
pass between the buoys.
    (d) Where there is no well-defined channel or when a body of water 
is obstructed by objects whose nature or location is such that the 
obstruction can be approached by a vessel from more than one direction, 
supplemental aids to navigation having cardinal meaning (i.e., 
pertaining to the cardinal points of the compass, north, east, south, 
and west) may be used. The use of an aid to navigation having cardinal 
meaning is discretionary provided that the use of such a marker is 
limited to wholly State owned waters and the State waters for private 
aids to navigation as defined and described in this part.
    (e) Aids to navigation conforming to the cardinal system shall 
consist of three distinctly colored buoys.
    (1) A white buoy with a red top may be used to indicate to a vessel 
operator that the operator must pass to the south or west of the buoy.
    (2) A white buoy with a black top may be used to indicate to a 
vessel operator that the operator must pass to the north or east of the 
buoy.
    (3) In addition, a buoy showing alternate vertical red and white 
stripes may be used to indicate to a vessel operator that an obstruction 
to navigation extends from the nearest shore to the buoy and that the 
operator must not pass between the buoy and shore. The number of white 
and red stripes is discretionary, provided that the white stripes are 
twice the width of the red stripes.

[CGFR 66-32, 31 FR 10321, July 30, 1966, as amended by CGD 97-018, 63 FR 
33574, June 19, 1998; USCG-2001-10714, 69 FR 24982, May 5, 2004]



Sec. 66.10-35  Navigation lights.

    A red light shall only be used on a solid colored red buoy. A green 
light shall only be used on a solid colored black or a solid colored 
green buoy. White lights shall be used for all other buoys. When a light 
is used on a cardinal system buoy or a vertically striped white and red 
buoy, it shall always be quick flashing.

[CGD 97-018, 63 FR 33574, June 19, 1998]



PART 67_AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES
--Table of Contents




                   Subpart 67.01_General Requirements

Sec.
67.01-1 Scope.
67.01-5 Definitions.
67.01-10 Delegation of functions.
67.01-15 Classification of structures.
67.01-20 Prescribing lines of demarcation.
67.01-30 Equivalents.

              Subpart 67.05_General Requirements for Lights

67.05-1 Arrangement of obstruction lights.
67.05-5 Multiple obstruction lights.
67.05-10 Characteristics of obstruction lights.
67.05-15 Operating periods of obstruction lights.
67.05-20 Minimum lighting requirements.
67.05-25 Special lighting requirements.

          Subpart 67.10_General Requirements for Sound signals

67.10-1 Apparatus requirements.
67.10-5 Location requirements.
67.10-10 Operating requirements.
67.10-15 Approval of sound signals.
67.10-20 Sound signal tests.
67.10-25 Application for tests.
67.10-30 Withdrawal of approval.
67.10-35 Notice of approval and withdrawal of approval.
67.10-40 Sound signals authorized for use prior to January 1, 1973.

            Subpart 67.15_Miscellaneous Marking Requirements

67.15-1 Lights and signals on attendant vessels.
67.15-5 Seismographic and surveying operations.
67.15-10 Spoil banks, artificial islands, and dredged channels.

[[Page 164]]

                 Subpart 67.20_Class ``A'' Requirements

67.20-1 Class ``A'' structures.
67.20-5 Obstruction lights.
67.20-10 Sound signal.

                 Subpart 67.25_Class ``B'' Requirements

67.25-1 Class ``B'' structures.
67.25-5 Obstruction lights.
67.25-10 Sound signal.

                 Subpart 67.30_Class ``C'' Requirements

67.30-1 Class ``C'' structures.
67.30-5 Obstruction lights.
67.30-10 Sound signals.

                       Subpart 67.35_Applications

67.35-1 Procedure.
67.35-5 Contents of application.
67.35-10 Private aids to navigation.
67.35-15 To whom addressed.

                       Subpart 67.40_Notification

67.40-1 Notification to District Commander.
67.40-5 Waivers.
67.40-10 Communication with owner.
67.40-15 Marking at owner's expense.
67.40-20 Charges invoiced to owner.
67.40-25 Penalty.

                   Subpart 67.50_District Regulations

67.50-1 Scope.
67.50-5 First Coast Guard District.
67.50-15 Fifth Coast Guard District.
67.50-20 Seventh Coast Guard District.
67.50-25 Eighth Coast Guard District.
67.50-30 Ninth Coast Guard District.
67.50-35 Eleventh Coast Guard District.
67.50-45 Thirteenth Coast Guard District.
67.50-50 Seventeenth Coast Guard District.

    Authority: 14 U.S.C. 85, 633; 43 U.S.C. 1333; Department of Homeland 
Security Delegation No. 0170.1.

    Source: CGFR 58-17, 23 FR 3377, May 20, 1958, unless otherwise 
noted.

    Editorial Note: Nomemclature changes to part 67 appear at USCG-2001-
10714, 69 FR 24983, 24984, May 5, 2004.



                   Subpart 67.01_General Requirements



Sec. 67.01-1  Scope.

    (a) The regulations in this part prescribe the obstruction lights 
and sound signals to be operated as privately maintained maritime aids 
to navigation on the artificial islands and structures which are erected 
on or over the seabed and subsoil of the Outer Continental Shelf and in 
the waters under the jurisdiction of the United States, for the purpose 
of exploring for, developing, removing and transporting resources 
therefrom.
    (b) Subpart 66.01 in Part 66 of this subchapter shall be applicable 
to all private aids to navigation erected on or over the Outer 
Continental Shelf in the same manner and to the same extent as they are 
applicable to private aids to navigation established, erected, or 
maintained in the waters under the jurisdiction of the United States.



Sec. 67.01-5  Definitions.

    (a) Structures. The term ``structures'' as used in this part shall 
include all fixed structures, temporary or permanent, for which a Corps 
of Engineers' permit is issued. It shall include, but is not necessarily 
limited to, all drilling platforms, Mobile Offshore Drilling Units 
(MODUs) when attached to the bottom, production platforms, quarters 
platforms, pipe line riser platforms, manifold platforms, loading 
platforms, boat landings, caissons, well protective structures, tank 
battery barges submerged on station, drilling barges submerged on 
location, breakwater barges submerged on location, artificial islands 
and all other piles, pile clusters, pipes, or structures erected in the 
waters.
    (b) Class ``A'', ``B'', or ``C'' structures. The term ``Class A, B, 
or C structures'' refers to the classification assigned to structures 
erected in areas in which corresponding requirements for marking are 
prescribed.
    (c) Line of demarcation. The term ``line of demarcation'' means the 
dividing line used administratively to distinguish between the areas in 
which structures shall conform to Class ``A'' and Class ``B'' or ``C'' 
requirements.
    (d) Outer Continental Shelf. The term ``Outer Continental Shelf'' 
means all submerged lands lying seaward and outside the area of lands 
beneath navigable waters as defined in the Submerged Lands Act (sec. 2, 
67 Stat. 29, 43 U. S. C. 1301), and of which the subsoil and seabed 
appertain to the United States and are subject to its jurisdiction and 
control.
    (e) Reliable operation. The term ``reliable'' as used in this part 
shall mean

[[Page 165]]

that dependability which will insure to the highest degree reasonably 
possible the uninterrupted operation of lights and sound signals as 
private aids to navigation for safety of marine commerce.
    (f) Sound signal. The term ``sound signal'' as used in this part 
shall mean the audible sound signal, authorized as a private aid to 
navigation, to mark a structure for the safety of marine commerce 
whenever the visibility has been reduced by fog, mist, rain, falling 
snow, smoke, dust, or other phenomena.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 63-18, 28 FR 
4026, Apr. 14, 1963; USCG-2001-10714, 69 FR 24983, May 5, 2004]



Sec. 67.01-10  Delegation of functions.

    The Coast Guard District Commander may delegate the authority for 
performing inspections, enforcement, and administration of regulations 
to any civilian or military position in the Coast Guard.

[USCG-2001-10714, 69 FR 24983, May 5, 2004]



Sec. 67.01-15  Classification of structures.

    (a) When will structures be assigned to a Class? The District 
Commander will assign structures to Class A, B, or C as part of 
processing an application for a permit to establish and operate lights 
and sound signals.
    (b) In general, where will the different classes of structures be 
located? Specific criteria in paragraph (c) of this section may create 
exceptions, but, in general, structures the farthest from shore are 
likely to be assigned to Class A and required to have obstruction lights 
and sound signals that can be detected from the farthest distance. 
Structures closest to shore are likely to be assigned to Class C and, 
while subject to requirements to ensure that they are also detectable 
from a safe distance away, will be required to have the least powerful 
obstruction lights or sound signals. The location and standards for 
Class B structures will generally be in between Class A and C 
structures.
    (c) What criteria will be used to classify structures? When 
assigning a structure to a class, the District Commander will take into 
consideration whether a line of demarcation has been prescribed, and 
matters concerning, but not necessarily limited to, the dimensions of 
the structure and the depth of water in which it is located, the 
proximity of the structure to vessel routes, the nature and amount of 
vessel traffic, and the effect of background lighting.
    (1) If a line of demarcation has been prescribed, the District 
Commander will assign those structures seaward of the line of 
demarcation to Class A. He or she will assign all structures shoreward 
of the line of demarcation to either Class B or Class C, unless the 
District Commander determines under Sec. 67.05-25 that the structure 
should be assigned to Class A because of the structure's proximity to a 
navigable channel, fairway or line of demarcation.
    (2) If a line of demarcation has not been prescribed, the District 
Commander will assign a structure to Class A, B, or C as he or she deems 
appropriate.

[USCG-2001-10714, 69 FR 24983, May 5, 2004]



Sec. 67.01-20  Prescribing lines of demarcation.

    The District Commander sends recommendations for establishing or 
changing lines of demarcation to the Commandant. For the purposes of 
this part, when the Commandant approves of additions to or changes in 
prescribed lines of demarcation, such additions or changes will be 
published in the Federal Register and will become effective on the date 
specified in that publication.

[USCG-2001-10714, 69 FR 24983, May 5, 2004]



Sec. 67.01-30  Equivalents.

    The use of alternate equipment, apparatus, or installation 
arrangements specified in this part may be permitted by the District 
Commander to such extent and under such conditions as will result in 
achieving a degree of safety or compliance with these regulations 
equivalent to or above the minimum requirements set forth in this part.

[[Page 166]]



              Subpart 67.05_General Requirements for Lights



Sec. 67.05-1  Arrangement of obstruction lights.

    (a) Structures having a maximum horizontal dimension of 30 feet or 
less on any one side, or in diameter, shall be required to have one 
obstruction light visible for 360[deg].
    (b) Structures having a maximum horizontal dimension of over 30 
feet, but not in excess of 50 feet, on any one side, or in diameter, 
shall be required to have two obstruction lights installed on diagonally 
opposite corners, 180[deg] apart, or as prescribed by the District 
Commander, each light to have a 360[deg] lens.
    (c) Structures having a horizontal dimension of over 50 feet on any 
one side, or in diameter, shall be required to have an obstruction light 
on each corner, or 90[deg] apart in the case of circular structures, or 
as prescribed by the District Commander, each light to have a 360[deg] 
lens.
    (d) Where the overall dimensions of a structure require the 
installation of two or more obstruction lights, the lights shall all be 
mounted on the same horizontal plane within the limitations of height 
specified in Sec. 67.20-5, Sec.  67.25-5, or Sec.  67.30-5, as 
applicable.
    (e) Lesser structures and piles, pile clusters or flare templates, 
etc., will not normally be required to be marked by obstruction lights, 
when they are located within 100 yards of a Class ``A'', ``B'' or ``C'' 
structure marked by established obstruction lights, but they shall be 
marked with red or white retro-reflective material, installed as 
prescribed by the District Commander.
    (f) All obstruction lights shall be installed in a manner which will 
permit at least one of them to be carried in sight of the mariner, 
regardless of the angle of approach, until the mariner is within 50 feet 
of the structure, visibility permitting.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by USCG-2001-10714, 69 
FR 24983, May 5, 2004]



Sec. 67.05-5  Multiple obstruction lights.

    When more than one obstruction light is required by this part to 
mark a structure, all such lights shall be operated to flash in unison.



Sec. 67.05-10  Characteristics of obstruction lights.

    All obstruction lights required by this part shall be powered from a 
reliable power source, including auxiliary power sources as necessary. 
They shall display a quick-flash characteristic of approximately 60 
flashes per minute, unless prescribed otherwise in the permit issued by 
the District Commander. Their color shall be white when marking Class 
``A'' and ``B'' structures, and either white or red, as prescribed by 
the District Commander, when marking Class ``C'' structures. In 
determining whether white or red lights shall be authorized, the 
District Commander shall take into consideration matters concerning, but 
not necessarily limited to, the dimensions of the structure and the 
depth of water in which it is located; the proximity of the structure to 
vessel routes; the nature and amount of vessel traffic; and the effect 
of background lighting.



Sec. 67.05-15  Operating periods of obstruction lights.

    Obstruction lights shall be displayed at all times between the hours 
of sunset and sunrise, local time, commencing at the time the 
construction of a structure is begun. During construction and until such 
time as a platform capable of supporting the obstruction lights is 
completed, the fixed lights on an attending vessel shall be used. In 
addition, when lights are in use for general illumination to facilitate 
the construction or operation of a structure, and can be seen from any 
angle of approach at a distance equal to that prescribed for the 
obstruction lights for the class of structure, the actual operation of 
obstruction lights also will not be required.

[CGFR 58-34, 23 FR 7701, Oct. 4, 1958]



Sec. 67.05-20  Minimum lighting requirements.

    The obstruction lighting requirements prescribed in this part are 
the minimum requirements only and shall not preclude the maintainer from 
making application for authorization to establish more lights, or lights 
of greater

[[Page 167]]

intensity than required to be visible at the distances prescribed: 
Provided, That the prescribed characteristics of color and flash 
duration are adhered to.



Sec. 67.05-25  Special lighting requirements.

    Whenever a structure is erected in a position on or adjacent to the 
edges of navigable channels and fairways, or lines of demarcation, the 
District Commander is authorized to require the structure to be marked 
by the lights which in his judgment are necessary for the safety of 
marine commerce, and without regard to the fact that the structure may 
be located in an area in which either Class ``B'' or Class ``C'' 
requirements are otherwise applicable. The requirements for the lights 
in any of these cases, shall not exceed those established for structures 
in the Class ``A'' areas.



          Subpart 67.10_General Requirements for Sound signals

    Source: CGD 72-74R, 37 FR 13512, July 8, 1972, unless otherwise 
noted.



Sec. 67.10-1  Apparatus requirements.

    The sound signal required by Sec. Sec. 67.20-10, 67.25-10, and 
67.30-10 must:
    (a) Have its maximum intensity at a frequency between 100 and 1,100 
Hertz;
    (b) Sound a 2-second blast every 20 seconds (2 seconds sound, 18 
seconds silence) unless otherwise authorized by the District Commander;
    (c) Have the rated range required by Sec. 67.20-10, Sec.  67.25-10, 
or Sec. 67.30-10;
    (d) Have a height not exceeding 25 feet;
    (e) Have not more than eight sound sources;
    (f) Be approved by the Coast Guard under Sec. 67.10-15; and
    (g) Be permanently marked with:
    (1) The date of Coast Guard approval;
    (2) The manufacturer and date of manufacture;
    (3) A model designation;
    (4) The approved range; and
    (5) The power necessary to comply with the provisions of paragraph 
(c) of this section.



Sec. 67.10-5  Location requirements.

    The sound signal required by Sec. Sec. 67.20-10, 67.25-10, and 
67.30-10 must:
    (a) Be located on the structure so that the sound signal produced is 
audible over 360[deg] in a horizontal plane at all ranges up to and 
including the required rated range; and
    (b) Be located at least 10 feet but not more than 150 feet above 
mean high water.



Sec. 67.10-10  Operating requirements.

    (a) Sound signals required by Sec. Sec. 67.20-10, 67.25-10, and 
67.30-10 must be operated continuously, regardless of visibility, unless 
the sound signal is controlled:
    (1) By an attendant on the structure;
    (2) Remotely by an attendant on a nearby structure; or
    (3) By a fog detection device capable of activating the sound signal 
when the visibility in any direction is reduced to the rated range at 
which sound signal operation is required by this part.
    (b) During construction and until such time as a sound signal is 
installed and operating on a platform, the whistle of an attending 
vessel moored alongside the platform may be used to sound the signal 
required for the structure by this part.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by USCG-2001-10714, 69 
FR 24983, May 5, 2004]



Sec. 67.10-15  Approval of sound signals.

    (a) The Coast Guard approves a sound signal if:
    (1) It meets the requirements for sound signals in Sec. 67.10-1 
(a), (b), (c), (d), and (e) when tested under Sec. 67.10-20; or
    (2) It is similar to a sound signal which was tested and approved 
under the provisions of this section and the Coast Guard has approved 
all variations in design, construction, production, and manufacture from 
the sound signal tested.
    (b) A sound signal that is an identical production model of a sound 
signal which has been approved under paragraph (a) of this section is a 
Coast Guard approved sound signal.



Sec. 67.10-20  Sound signal tests.

    (a) Sound signal tests must:

[[Page 168]]

    (1) Be made by the applicant in the presence of a Coast Guard 
representative, who certifies the test if the procedures comply with the 
requirements of this section;
    (2) Be made with Coast Guard supplied and calibrated sound level 
meters and power meters; and
    (3) Be made in an anechoic chamber large enough to accommodate the 
entire sound signal, as if installed for actual use.
    (b) The sound pressure level must be measured as a function of:
    (1) Distance by using a sufficient number of points to allow a far-
field extrapolation of the sound pressure level;
    (2) Power at outputs up to and including the approximate power level 
necessary to comply with Sec. 67.10-1(c);
    (3) Horizontal angle at increments not greater than 30[deg]; and
    (4) Harmonic content to at least the third harmonic.
    (c) In analyzing the test data to determine the minimum power 
necessary to produce the sound pressure level specified in Table A of 
this section the Coast Guard follows the procedures prescribed by the 
International Association of Lighthouse Authorities (IALA) in Supplement 
No. 3 to the IALA Bulletin of February 1969 for analysis of harmonic 
components and does not consider components above 1,100 Hertz as adding 
to the audible range.
[GRAPHIC] [TIFF OMITTED] TC21OC91.000



Sec. 67.10-25  Application for tests.

    A person requesting a Coast Guard representative at a test of a 
sound signal must:
    (a) Direct a written request to the Office of Aids to Navigation, 
U.S. Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 
20593-0001 including:
    (1) Requestor's name, address, and telephone number;
    (2) A description of the sound signal;
    (3) Rated range for which approval is requested;
    (4) Location of the anechoic chamber; and
    (5) Proposed test dates.

[[Page 169]]

    (b) Bear all the expenses of conducting the test conducted in 
accordance with Sec. 67.10-20 including all travel and per diem 
expenses of the U.S. Government in sending a Coast Guard representative 
to the test.

[CGD 72-74R, 37 FR 13512, July 8, 1972, as amended by CGD88-052, 53 FR 
25119,July 1, 1988; CGD 96-026, 61 FR 33663, June 28, 1996; USCG-2001-
10714, 69 FR 24983, May 5, 2004]



Sec. 67.10-30  Withdrawal of approval.

    The Coast Guard may withdraw approval of a sound signal if it fails 
to meet the requirements of Sec. 67.10-1 (a), (b), and (c).



Sec. 67.10-35  Notice of approval and withdrawal of approval.

    (a) The Coast Guard publishes a notice of the approval or withdrawal 
of approval of a sound signal in the Local Notice to Mariners.
    (b) A listing of approved sound signals may be obtained from any 
District Commander.



Sec. 67.10-40  Sound signals authorized for use prior to January 1, 1973.

    Any sound signal authorized for use by the Coast Guard and 
manufactured prior to January 1, 1973, is excepted from the requirements 
in this subpart, except Sec. Sec. 67.10-1 (b) and (c), 67.10-5, and 
67.10-10, if the sound signal has a minimum sound pressure level as 
specified in Table A of Subpart 67.10 of Title 33 of the Code of Federal 
Regulations in effect on December 31, 1972, for the range required by 
Sec. 67.20-10, Sec.  67.25-10, or Sec.  67.30-10.



            Subpart 67.15_Miscellaneous Marking Requirements



Sec. 67.15-1  Lights and signals on attendant vessels.

    The requirements prescribed by this part apply to structures. The 
barges, vessels, and other miscellaneous floating plants in attendance 
must display lights and signals under the International Navigational 
Rules Act of 1977 (33 U.S.C. 1601-1608) that adopted the International 
Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), or the 
Inland Navigational Rules Act of 1980 (33 U.S.C. 2001-2038). When 
vessels are fixed to or submerged onto the seabed, however, they become 
structures as described in Sec. 67.01-5.

[USCG-2001-10714, 69 FR 24983, May 5, 2004]



Sec. 67.15-5  Seismographic and surveying operations.

    All stakes, casings, pipes, and buoys, except bamboo poles and 
wooden stakes less than 2 inches in diameter, placed in the water to 
facilitate seismographic or surveying operations shall be marked, in the 
manner prescribed by the District Commander, for the safety of 
navigation.



Sec. 67.15-10  Spoil banks, artificial islands, and dredged channels.

    (a) All submerged spoil banks, or artificial islands resulting from 
the dredging of private channels, laying of pipelines, or any other 
private operation, and all privately dredged channels which, in the 
judgment of the District Commander are required to be marked by aids to 
navigation, shall be marked by private aids to navigation conforming to 
the standard United States system of aids to navigation characteristics 
described in subpart B of part 62 of this subchapter.
    (b) To receive a permit to establish and maintain a private aid to 
navigation for the purposes described in paragraph (a) of this section, 
submit your application to the District Commander. The District 
Commander will review all applications and issue all permits.

[USCG-2001-10714, 69 FR 24983, May 5, 2004]



                 Subpart 67.20_Class ``A'' Requirements



Sec. 67.20-1  Class ``A'' structures.

    Class ``A'' structures shall be the structures erected in an area 
where Class ``A'' requirements must be met.



Sec. 67.20-5  Obstruction lights.

    The obstruction lights shall be white lights as prescribed in 
Subpart 67.05 of this part. The lights shall be of sufficient 
candlepower as to be visible at a distance of at least five nautical 
miles 90 percent of the nights of the year. The lights shall be 
displayed not less than 20 feet above mean high water, but not at a 
height greater than that governed by the requirement in Sec. 67.05-

[[Page 170]]

1(f) that mariners be able to see at least one of the lights, regardless 
of the angle of approach, until within 50 feet of the structure, 
visibility permitting.

[CGFR 58-34, 23 FR 7701, Oct. 4, 1958, as amended by USCG-2001-10714, 69 
FR 24983, May 5, 2004]



Sec. 67.20-10  Sound signal.

    (a) The owner of a Class ``A'' structure shall:
    (1) Install a sound signal that has a rated range of at least 2 
miles; and,
    (2) Operate the sound signal when the visibility in any direction is 
less than 5 miles.
    (b) The District Commander may waive any requirements in paragraph 
(a) of this section if he or she finds that a structure is so close to 
other structures and so enveloped by the sound signals on other 
structures that it is not a hazard to navigation.

[CGD 72-74R, 37 FR 13513, July 8, 1972, as amended by USCG-2001-10714, 
69 FR 24984, May 5, 2004]



                 Subpart 67.25_Class ``B'' Requirements



Sec. 67.25-1  Class ``B'' structures.

    Class ``B'' structures shall be the structures erected in an area 
where Class ``B'' requirements must be met.



Sec. 67.25-5  Obstruction lights.

    (a) The obstruction lights shall be white lights as prescribed in 
Subpart 67.05 of this part and shall be of sufficient candlepower as to 
be visible at a distance of at least three nautical miles 90 percent of 
the nights of the year. The lights shall be displayed not less than 20 
feet above mean high water, but not at a height greater than that 
specified in Sec. 67.05-1(f), except that on Class ``B'' structures 
which are required to be marked by only one light, that light may be 
displayed not less than 10 feet above mean high water if the structural 
features preclude mounting the light within the range of heights 
otherwise specified in this section.
    (b) The District Commander may waive the requirement for obstruction 
lights on Class ``B'' structures if there is no hazard to navigation by 
so doing.

[CGFR 58-34, 23 FR 7701, Oct. 4, 1958, as amended by CGFR 62-32, 27 FR 
10101, Oct. 13, 1962]



Sec. 67.25-10  Sound signal.

    (a) The owner of a Class ``B'' structure shall:
    (1) Install a sound signal that has a rated range of at least one-
half mile, except that the District Commander may--
    (i) Prescribe a greater rated range, not to exceed 2 miles, under 
the provisions of paragraph (b) of this section; or
    (ii) Exempt the structure from the requirements of this paragraph, 
under the provisions of paragraph (c) of this section;
    (2) Operate the sound signal when the visibility in any direction is 
less than 3 miles, unless the District Commander establishes a greater 
or lesser distance of visibility, not to exceed 5 miles, under the 
provisions of paragraph (b) or (c) of this section.
    (b) The owner of a Class ``B'' structure shall install a sound 
signal with a greater rated range or operate it at times of greater 
visibility than required in paragraph (a) of this section if:
    (1) The structure is erected on or adjacent to the edge of a:
    (i) Navigable channel;
    (ii) Fairway; or
    (iii) Line of demarcation; and
    (2) The District Commander decides a greater range or operation of 
the sound signal at times of greater visibility is necessary for the 
safety of marine commerce.
    (c) The District Commander may waive or relax the provisions of 
paragraph (a) of this section, if he or she finds that a structure is:
    (1) So close to other structures and so enveloped by the sound 
signals on other structures that it is not a hazard to navigation; or
    (2) So located in a shoal area that it is not a hazard to 
navigation.

[CGD 72-74R, 37 FR 13513, July 8, 1972, as amended by USCG-2001-10714, 
69 FR 24983, 24984, May 5, 2004]

[[Page 171]]



                 Subpart 67.30_Class ``C'' Requirements



Sec. 67.30-1  Class ``C'' structures.

    Class ``C'' structures shall be the structures erected in an area 
where Class ``C'' requirements must be met.



Sec. 67.30-5  Obstruction lights.

    (a) The obstruction lights shall be white or red lights as 
prescribed in Subpart 67.05 of this part and shall be of sufficient 
candlepower as to be visible at a distance of at least one nautical mile 
90 percent of the nights of the year. The lights shall be displayed at 
such height, above mean high water, as shall be prescribed by the 
District Commander. When the District Commander shall authorize red 
lights to mark a Class ``C'' structure, the color thereof shall conform 
to the shade of red prescribed in Military Specification Mil-C-25050 
(ASG), Type 1, Grade D. A copy of the specification may be obtained from 
the Commanding Officer, Document Automation and Production Service, 700 
Robbins Avenue, Building 4, Section D, Philadelphia, PA 19111-5091.
    (b) When Class ``C'' structures are erected in close proximity to 
each other, or are connected in such a manner as to prevent marine 
traffic from passing freely through the field, obstruction lights may be 
authorized to mark the perimeter structures only, when in the judgment 
of the District Commander the group of structures which are equipped 
with obstruction lights are so arranged that the particular structures 
are protected to the degree required by this part, and are not a hazard 
to navigation.
    (c) Unless advised to the contrary by the District Commander, 
obstruction lights shall be required on Class ``C'' structures erected 
in depths of water greater than 3 feet at mean low water.
    (d) In cases where, although not required, an applicant desires to 
establish and operate obstruction lights, a permit therefor shall be 
granted, at the discretion of the District Commander: Provided, That the 
lights meet the requirements set forth in this part.

[CGFR 58-34, 23 FR 7701, Oct. 4, 1958, as amended by CGFR 68-95, 33 FR 
15285, Oct. 15, 1968; USCG-2001-10714, 69 FR 24983, 24984, May 5, 2004]



Sec. 67.30-10  Sound signals.

    (a) The owner of a Class ``C'' structure shall install a sound 
signal if:
    (1) The structure is erected on or adjacent to the edge of a:
    (i) Navigable channel;
    (ii) Fairways; or
    (iii) Line of demarcation; and
    (2) The District Commander decides it is necessary for the safety of 
marine commerce.
    (b) Sound signals required by paragraph (a) of this section must 
have rated range of at least one-half mile, unless the District 
Commander prescribes a greater rated range, not to exceed 2 miles.
    (c) The owner of the structure shall operate the sound signal 
required by paragraph (a) of this section whenever the visibility in any 
direction is less than 3 miles, unless the District Commander 
establishes a greater or lesser distance of visibility, not to exceed 5 
miles.
    (d) Class ``C'' structures may have sound signals if:
    (1) Authorized by the District Commander under the provisions of 
Subpart 66.01 of this subchapter; and
    (2) The sound signal meets the requirements of Sec. 67.10-1 (a) and 
(b).

[CGD 72-74R, 37 FR 13513, July 8, 1972]



                       Subpart 67.35_Applications



Sec. 67.35-1  Procedure.

    (a) An application, on Coast Guard forms which will be provided by 
the District Commander upon request, shall be submitted for each private 
aid to navigation for which a permit is required to establish, operate, 
move, change or discontinue, except as modified in this subpart.
    (b) An application on the prescribed form shall be submitted to the 
District Commander for each structure to be equipped with obstruction 
lights and/or sound signals if the structure is to remain in place six 
months or more. An

[[Page 172]]

application may be made by letter for each structure to be so equipped 
if the structure is to remain in place less than six months.
    (c) One application form only shall be submitted to the District 
Commander to cover a group of unlighted buoys or daybeacons.



Sec. 67.35-5  Contents of application.

    (a) All applicable items of the prescribed forms shall be completed. 
A brief descriptive print of the structure or aid to navigation involved 
shall be furnished with the application, together with a location plat 
or chart section. When Lambert coordinates are used to plot the position 
of the aid, the plat or chart shall be annotated to show latitude and 
longitude of the proposed aid to navigation, except when the position 
has been described by reference to one or more horizontal angles, or by 
the bearing and distance from a charted landmark.
    (b) Each application shall have appended to it a list showing the 
type, model, name and address of the manufacturer of the lighting 
apparatus and sound signal equipment to be used.
    (c) Each application shall always specify the date the proposals 
contained therein are desired to be effective, and approval thereof must 
be obtained before the proposed action is undertaken.



Sec. 67.35-10  Private aids to navigation.

    See Sec. 67.15-10(b) for review of applications respecting private 
aids to navigation for spoil banks, artificial islands and dredged 
channels.



Sec. 67.35-15  To whom addressed.

    The applications and correspondence dealing with private aids to 
navigation and obstruction lighting should be addressed to the District 
Commander having jurisdiction over the area.



                       Subpart 67.40_Notification



Sec. 67.40-1  Notification to District Commander.

    (a) Class ``A'' structures. In the case of structures to be located 
in areas where Class ``A'' requirements must be met, notification shall 
be given to the District Commander of the approximate date work will 
commence, as soon as known after a permit is received from the Corps of 
Engineers, U.S. Army, or 30 days in advance, if possible. Persons 
constructing structures must notify the District Commander by either 
telegram or overnight mail on the day they begin construction. Within 
this notice, they must inform him or her of the lights and sound signals 
they will use during construction. When construction has been completed, 
the maintainer shall notify the District Commander to that effect by 
letter, stating whether or not the authorized obstruction lights and/or 
sound signals are in operation. Final notification by letter shall be 
given when the lights used for general illumination, to facilitate the 
construction or operation of the structure, have been discontinued and 
the authorized obstruction lights placed in operation.
    (b) Class ``B'' structures. Notification shall be given to the 
District Commander in the case of structures to be located in areas 
where Class ``B'' requirements must be met, in the same manner as 
prescribed in the case of Class ``A'' structures, except that the 
telegram on the day construction of the structure is commenced shall not 
be required.
    (c) Class ``C'' structures. Notification shall be given to the 
District Commander in the case of structures to be located in areas 
where Class ``C'' requirements must be met, upon completion of the 
structure.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 62-32, 27 FR 
10101, Oct. 13, 1962; USCG-2001-10714, 69 FR 24984, May 5, 2004]



Sec. 67.40-5  Waivers.

    (a) The District Commander is authorized to modify or waive any 
requirement prescribed in this part whenever, in his or her judgment, 
the safety of marine commerce will not be impaired by so doing.
    (b) When the District Commander shall determine that changed 
circumstances in the case of a structure, whose obstruction lights and/
or sound signal have been modified or waived, constitutes a hazard to 
marine navigation, he or she is authorized to revoke or revise his or 
her previous action and

[[Page 173]]

to require the structure to be appropriately marked by suitable 
obstruction lights and/or sound signals in accordance with this part.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by USCG-2001-10714, 69 
FR 24984, May 5, 2004]



Sec. 67.40-10  Communication with owner.

    Communication with the owners of private aids to navigation by the 
District Commander shall be addressed to their usual or last known place 
of business, or to their local representative, if any. Communication 
shall be by the method considered appropriate for the circumstances.



Sec. 67.40-15  Marking at owner's expense.

    The District Commander may mark, for the protection of marine 
commerce, any structure whenever the owner thereof has failed suitably 
to mark the same in accordance with this part, and the owner shall 
reimburse the Coast Guard for all costs incurred.



Sec. 67.40-20  Charges invoiced to owner.

    Charges to the owner for the cost of marking a structure by the 
Coast Guard shall be determined in accordance with Part 74 of this 
subchapter. All such charges shall be invoiced to the owner beginning 
with the date such marking is established and shall continue until 
notice is received by the District Commander that the structure has been 
removed, or until the owner has applied for and been issued a permit by 
the District Commander to establish and operate the required obstruction 
lights and/or sound signals or other markings required by this part.



Sec. 67.40-25  Penalty.

    The penalty for violation is in section 1, 63 Stat. 501 (14 U.S.C. 
85), or section 4(e)(2) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1333). Any person, firm, company, or corporation who shall fail 
or refuse to obey any of the lawful rules and regulations issued in this 
part or pursuant thereto shall be guilty of a misdemeanor and shall be 
fined not more than $100 for each offense. Each day during which such 
violation shall continue shall be considered a new offense.



                   Subpart 67.50_District Regulations



Sec. 67.50-1  Scope.

    (a) The regulations in this subpart shall apply to the structures 
which are located within the boundaries of the Coast Guard districts 
hereinafter defined.
    (b) Geographic coordinates expressed in terms of latitude or 
longitude, or both, are not intended for plotting on maps or charts 
whose referenced horizontal datum is the North American Datum of 1983 
(NAD 83), unless such geographic coordinates are expressly labeled NAD 
83. Geographic coordinates without the NAD 83 reference may be plotted 
on maps or charts referenced to NAD 83 only after application of the 
appropriate corrections that are published on the particular map or 
chart being used.

[CGD 86-082, 52 FR 33810, Sept. 8, 1987]



Sec. 67.50-5  First Coast Guard District.

    (a) Description. See Sec. 3.05-1 of this chapter.
    (b) Line of demarcation. There is no line of demarcation prescribed 
for this District. When required, it will be determined in accordance 
with Sec. 67.01-20.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 61-40, 26 FR 
10353, Nov. 3, 1961]



Sec. 67.50-15  Fifth Coast Guard District.

    (a) Description. See Sec. 3.25-1 of this chapter.
    (b) Line of demarcation. There is no line of demarcation prescribed 
for this District. When required, it will be determined in accordance 
with Sec. 67.01-20.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 61-40, 26 FR 
10353, Nov. 3, 1961]



Sec. 67.50-20  Seventh Coast Guard District.

    (a) Description. See Sec. 3.35-1 of this chapter.
    (b) Line of demarcation. There is no line of demarcation prescribed 
for this District. When required, it will be determined in accordance 
with Sec. 67.01-20.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 61-40, 26 FR 
10353, Nov. 3, 1961]

[[Page 174]]



Sec. 67.50-25  Eighth Coast Guard District.

    (a) Description. See Sec. 3.40-1 of this chapter.
    (b) Lines of demarcation. The two lines of demarcation described in 
this section are for administrative purposes to distinguish between the 
areas in which structures shall be subject to Class ``A'', ``B'' or 
``C'' requirements. The primary line of demarcation delimits the areas 
to the seaward of which Class ``A'' requirements are imposed. The 
secondary line of demarcation delimits the areas to the shoreward of 
which Class ``C'' requirements are imposed. In those areas where no 
secondary line of demarcation is prescribed, the structures shoreward of 
the primary line of demarcation are considered to be Class ``C'' 
structures. Class ``B'' requirements are imposed on the structures in 
the areas between the two lines of demarcation.
    (1) The coordinates of the primary line of demarcation within the 
jurisdiction of the District Commander are as follows:
    (i) Commencing at a point at Lat. 30[deg]11[min].3 N., Long. 
88[deg]03[min].0 W., thence to;
    (ii) A point at Lat. 30[deg]11[min].5 N., Long. 88[deg]31[min].7 W., 
thence to;
    (iii) A point at Lat. 30[deg]12[min].7 N., Long. 88[deg]58[min].0 
W., thence to;
    (iv) A point due west of (iii) at Long. 89[deg]00[min] W., thence 
to;
    (v) A point at Lat. 30[deg]08[min].0 N., Long. 89[deg]00[min] W., 
thence to;
    (vi) A point at Lat. 30[deg]04[min].7 N., Long. 88[deg]53[min].7 W., 
thence via a line two miles to seaward around Chandeleur Island to;
    (vii) A point at Lat. 29[deg]34[min].0 N., Long. 89[deg]00[min] W., 
thence to;
    (viii) A point at Lat. 29[deg]15[min].0 N., Long. 89[deg]00[min] W., 
thence to;
    (ix) A point at Lat. 29[deg]14[min].0 N., Long. 88[deg]57[min].7 W., 
thence to;
    (x) A point at Lat. 29[deg]10[min].0 N., Long. 88[deg]57[min].0 W., 
thence to;
    (xi) A point at Lat. 29[deg]03[min].6 N., Long. 89[deg]02[min].3 W., 
thence via the five fathom curve to;
    (xii) A point at latitude 28[deg]58[min].1 N., longitude 
89[deg]09[min].6 W., thence to;
    (xiii) A point at latitude 28[deg]57[min].8 N., longitude 
89[deg]13[min].6 W., thence to;
    (xiv) A point at latitude 28[deg]57[min].8 N., longitude 
89[deg]19[min].5 W., thence to;
    (xv) A point at latitude 28[deg]53[min].8 N., longitude 
89[deg]25[min].7 W., thence to;
    (xvi) A point at latitude 28[deg]52[min].6 N., longitude 
89[deg]25[min].9 W., thence via the 10 fathom curve to;
    (xvii) A point at latitude 29[deg]00[min] N., longitude 
89[deg]34[min].0 W., thence to;
    (xviii) A point at latitude 29[deg]00[min] N., longitude 
90[deg]05[min].0 W., thence to;
    (xix) A point at latitude 28[deg]46[min].3 N., longitude 
91[deg]07[min].5 W., thence to;
    (xx) A point at latitude 29[deg]11[min].5 N., longitude 
92[deg]21[min].0 W., thence to;
    (xxi) A point at latitude 29[deg]29[min].0 N., longitude 
92[deg]32[min].3 W., thence via the 5 fathom curve to;
    (xxii) A point at latitude 29[deg]41[min].2 N., longitude 
93[deg]19[min].9 W., thence to;
    (xxiii) A point at latitude 29[deg]38[min].7 N., longitude 
93[deg]49[min].4 W., thence to;
    (xxiv) A point on the 5 fathom curve at latitude 29[deg]35[min].8 
N., longitude 94[deg]00[min][min] W., thence via the 5 fathom curve to;
    (xxv) A point at latitude 29[deg]26[min].7 N., longitude 
94[deg]30[min].0 W., thence to;
    (xxvi) A point at latitude 28[deg]55[min].3 N., longitude 
95[deg]16[min].3 W., thence to;
    (xxvii) A point at latitude 28[deg]54[min].9 N., longitude 
95[deg]15[min].6 W., thence to;
    (xxviii) A point at latitude 28[deg]19[min].3 N., longitude 
96[deg]23[min].3 W., thence to;
    (xxix) A point at latitude 27[deg]49[min].5 N., longitude 
97[deg]01[min].2 W., thence to;
    (xxx) A point on the 10 fathom curve at latitude 27[deg]30[min].0 
N., longitude 97[deg]10[min].0 W., thence via the 10 fathom curve to;
    (xxxi) A point at latitude 27[deg]00[min] N., longitude 
97[deg]17[min].5 W., thence to;
    (xxxii) A point at latitude 26[deg]04[min].1 N., longitude 
97[deg]08[min].6 W.
    (2) The coordinates of the secondary line of demarcation within the 
jurisdiction of the District Commander are as follows:
    (i) Commencing at a point in Breton Sound at Lat. 29[deg]34[min].0 
N., Long. 89[deg]00[min].0 W., thence to;
    (ii) A point at Lat. 29[deg]30[min].0 N., Long. 89[deg]10[min].0 W., 
thence to;
    (iii) A point at Lat. 29[deg]20[min].9 N., Long. 89[deg]10[min].0 
W., thence to;
    (iv) A point at Lat. 29[deg]15[min].3 N., Long. 89[deg]04[min].0 W., 
thence to;
    (v) A point at Lat. 29[deg]14[min].1 N., Long. 88[deg]59[min].0 W., 
thence to;
    (vi) A point at Lat. 29[deg]08[min].6 N., Long. 88[deg]58[min].3 W., 
thence to;
    (vii) A point at Lat. 29[deg]02[min].1 N., Long. 89[deg]06[min].6 
W., thence to;

[[Page 175]]

    (viii) A point at Lat. 28[deg]58[min].1 N., Long. 89[deg]08[min].4 
W., thence to;
    (ix) A point at Lat. 29[deg]01[min].1 N., Long. 
89[deg]16[min][min].1 W., thence to;
    (x) A point at Lat. 28[deg]53[min].7 N., Long. 89[deg]26[min].0 W., 
thence to;
    (xi) A point at Lat. 28[deg]54[min].3 N., Long. 89[deg]27[min].5 W., 
thence to;
    (xii) A point at Lat. 29[deg]02[min].2 N., Long. 89[deg]24[min].2 
W., thence to;
    (xiii) A point at Lat. 29[deg]11[min].8 N., Long. 89[deg]30[min].0 
W., thence to;
    (xiv) A point at Lat. 29[deg]17[min].9 N., Long. 89[deg]46[min].6 
W., thence to;
    (xv) A point at Lat. 29[deg]17[min].1 N., Long. 89[deg]50[min].8 W., 
thence to;
    (xvi) A point at Lat. 29[deg]14[min].5 N., Long. 89[deg]55[min].1 
W., thence to;
    (xvii) A point at Lat. 29[deg]10[min].9 N., Long. 90[deg]02[min].9 
W., thence to;
    (xviii) A point at Lat. 29[deg]05[min].5 N., Long. 90[deg]10[min].0 
W., thence to;
    (xix) A point at Lat. 29[deg]04[min].5 N., Long. 90[deg]12[min].0 
W., thence to;
    (xx) A point at Lat. 29[deg]02[min].0 N., Long., 90[deg]20[min].8 
W., thence to;
    (xxi) A point at Lat. 29[deg]01[min].9 N., Long. 90[deg]24[min].9 
W., thence to;
    (xxii) A point at Lat. 29[deg]03[min].6 N., Long. 90[deg]32[min].8 
W., thence to;
    (xxiii) A point at Lat. 29[deg]01[min].9 N., Long. 90[deg]41[min].7 
W., thence to;
    (xxiv) A point at Lat. 29[deg]00[min].8 N., Long. 90[deg]50[min].0 
W., thence to;
    (xxv) A point at Lat. 29[deg]02[min].4 N., Long. 91[deg]01[min].5 
W., thence to;
    (xxvi) A point at Lat. 29[deg]28[min].5 N., Long. 92[deg]10[min].1 
W., thence to;
    (xxvii) A point at Lat. 29[deg]31[min].1 N., Long. 92[deg]21[min].8 
W., thence to;
    (xxviii) A point at Lat. 29[deg]34[min].1 N., Long. 92[deg]39[min].3 
W., thence to;
    (xxix) A point at Lat. 29[deg]41[min].1 N., Long. 92[deg]57[min].2 
W., thence to;
    (xxx) A point at Lat. 29[deg]44[min].6 N., Long. 93[deg]07[min].9 
W., thence to;
    (xxxi) A point at Lat. 29[deg]45[min].6 N., Long. 93[deg]13[min].7 
W., thence to;
    (xxxii) A point at Lat. 29[deg]45[min].6 N., Long. 93[deg]17[min].3 
W., thence to;
    (xxxiii) A point at Lat. 29[deg]44[min].3 N., Long. 93[deg]21[min].0 
W., thence to;
    (xxxiv) A point at Lat. 29[deg]45[min].3 N., Long. 93[deg]30[min].0 
W., thence to;
    (xxxv) A point at Lat. 29[deg]43[min].3 N., Long. 93[deg]43[min].7 
W., thence to;
    (xxxvi) A point at Lat. 29[deg]41[min].0 N., Long. 93[deg]48[min].8 
W., thence to;
    (xxxvii) A point at Lat. 29[deg]38[min].8 N., Long. 93[deg]50[min].8 
W., thence to;
    (xxxviii) A point at Lat. 29[deg]40[min].0 N., Long. 
93[deg]57[min].3 W., thence to;
    (xxxix) A point at Lat. 29[deg]39[min].3 N., Long. 94[deg]05[min].0 
W., thence to;
    (xl) A point at Lat. 29[deg]27[min].0 N., Long. 94[deg]37[min].0 W., 
thence to;
    (xli) A point at Lat. 29[deg]23[min].1 N., Long. 94[deg]42[min].6 
W., thence to;
    (xlii) A point at Lat. 29[deg]20[min].4 N., Long. 94[deg]41[min].5 
W., thence to;
    (xliii) A point at Lat. 29[deg]06[min].6 N., Long. 95[deg]04[min].4 
W., thence to;
    (xliv) A point at Lat. 29[deg]04[min].6 N., Long. 95[deg]05[min].7 
W., thence to;
    (xlv) A point at Lat. 29[deg]02[min].0 N., Long. 95[deg]10[min].0 
W., thence to;
    (xlvi) A point at Lat. 28[deg]57[min].3 N., Long. 95[deg]16[min].2 
W., thence to;
    (xlvii) A point at Lat. 28[deg]55[min].3 N., Long. 95[deg]17[min].9 
W., thence to;
    (xlviii) A point at Lat. 28[deg]39[min].5 N., Long. 95[deg]48[min].4 
W., thence to;
    (xlix) A point at Lat. 28[deg]32[min].1 N., Long. 96[deg]06[min].9 
W., thence to;
    (l) A point at Lat. 28[deg]26[min].4 N., Long. 96[deg]17[min].8 W., 
thence to;
    (li) A point at Lat. 28[deg]23[min].6 N., Long. 96[deg]21[min].5 W., 
thence to;
    (lii) A point at Lat. 28[deg]19[min].7 N., Long. 96[deg]23[min].3 
W., thence to;
    (liii) A point at Lat. 28[deg]19[min].3 N., Long. 96[deg]25[min].2 
W., thence to;
    (liv) A point at Lat. 28[deg]14[min].8 N., Long. 96[deg]35[min].0 
W., thence to;
    (lv) A point at Lat. 28[deg]09[min].1 N., Long. 96[deg]43[min].8 W., 
thence to;
    (lvi) A point at Lat. 28[deg]02[min].4 N., Long. 96[deg]52[min].2 
W., thence to;
    (lvii) A point at Lat. 27[deg]56[min].2 N., Long. 96[deg]58[min].3 
W., thence to;
    (lviii) A point at Lat. 27[deg]52[min].8 N., Long. 97[deg]01[min].1 
W., thence to;
    (lix) A point at Lat. 27[deg]49[min].3 N., Long. 97[deg]03[min].0 
W., thence to;
    (lx) A point at Lat. 27[deg]46[min].4 N., Long. 97[deg]05[min].6 W., 
thence to;
    (lxi) A point at Lat. 27[deg]38[min].9 N., Long. 97[deg]10[min].6 
W., thence to;
    (lxii) A point at Lat. 27[deg]28[min].3 N., Long. 97[deg]16[min].2 
W., thence to;
    (lxiii) A point at Lat. 27[deg]21[min].9 N., Long. 97[deg]18[min].9 
W., thence to;
    (lxiv) A point at Lat. 27[deg]13[min].7 N., Long. 97[deg]21[min].2 
W., thence to;
    (lxv) A point at Lat. 27[deg]05[min].4 N., Long. 97[deg]22[min].3 
W., thence to;

[[Page 176]]

    (lxvi) A point at Lat. 26[deg]57[min].1 N., Long. 97[deg]22[min].2 
W., thence to;
    (lxvii) A point at Lat. 26[deg]48[min].9 N., Long. 97[deg]20[min].9 
W., thence to;
    (lxviii) A point at Lat. 26[deg]39[min].1 N., Long. 97[deg]18[min].1 
W., thence to;
    (lxix) A point at Lat. 26[deg]28[min].8 N., Long. 07[deg]14[min].3 
W., thence to;
    (lxx) A point at Lat. 26[deg]18[min].3 N., Long. 97[deg]11[min].3 
W., thence to;
    (lxxi) A point at Lat. 26[deg]11[min].7 N., Long. 97[deg]10[min].2 
W., thence to;
    (lxxii) A point at Lat. 26[deg]04[min].8 N., Long. 97[deg]09[min].3 
W., thence to;
    (lxxiii) A point at Lat. 26[deg]04[min].2 N., Long. 97[deg]08[min].8 
W., thence to;
    (lxxiv) A point at Lat. 25[deg]58[min].3 N., Long. 97[deg]08[min].3 
W.
    (c) Seismographic and surveying operations. (1) All stakes and 
casings (pipes), except bamboo poles and wooden stakes less than 2 
inches in diameter, placed in the water during seismographic or 
surveying operations shall be marked with flags during the daylight 
hours. Those casings remaining in place during the hours of darkness 
shall be marked by a red light as prescribed in Subpart 67.30 of this 
part.
    (2) All buoys used during seismographic operations shall be painted 
with international orange and white horizontal bands. The buoys shall be 
of light construction in order that they will not present a hazard to 
marine commerce.
    (d) Spoil marking. (1) All submerged spoil resulting from the 
dredging of channels, laying of pipelines, or any other operation, which 
constitutes an obstruction to navigation, shall be properly marked. The 
spoil banks should be examined at frequent intervals in order that the 
changing conditions may be kept under control. As markers are no longer 
required due to settling of banks, the Coast Guard will authorize their 
removal upon application.
    (2) All openings in such submerged spoil shall be marked by 
daybeacons on each side of the openings. When spoil is located on each 
side of a channel or pipe line, each bank will be considered separately. 
The daybeacons shall be equipped with arrows designating the safe water 
through the opening. These daybeacons may also be used as channel 
markers for the dredged channels providing they are also equipped with 
arrows designating the spoil bank openings.
    (3) When spoil banks constituting an obstruction to navigation abut 
an established traveled waterway, the outboard spoil bank markers shall 
be equipped with quick flashing lights described in Subpart 67.30 of 
this part, except that the color shall be in accordance with the 
provisions of Subpart 62.25 of Part 62 of this subchapter.
    (e) Applications. All applications for private aids to navigation 
and all correspondence dealing with private aids to navigation and 
obstruction lighting must be addressed to Commander (oan), Eighth Coast 
Guard District, Hale Boggs Federal Building, 501 Magazine Street, New 
Orleans, Louisiana 70130-3396.
    (f) Enclosures. Applicants shall append on a separate sheet with 
each application, the description, including manufacturer, of 
obstruction lights and sound signals.
    (g) Corps of Engineers correspondence. A copy of all correspondence 
directed to the District Engineer, Corps of Engineers, U.S. Army, in 
accordance with condition (i) of the Department of the Army permit, 
shall be forwarded to the District Commander for those operations 
conducted under permits authorizing the erection of structures in areas 
in which Class ``A'', Class ``B'', or Class ``C'' requirements must be 
met.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 61-40, 26 FR 
10353, Nov. 3, 1961; CGFR 65-34, 30 FR 9485, July 29, 1965; CGFR 68-95, 
33 FR 15285, Oct. 15, 1968; USCG-2000-7223, 65 FR 40055, June 29, 2000; 
USCG-2001-9286, 66 FR 33640, June 25, 2001]



Sec. 67.50-30  Ninth Coast Guard District.

    (a) Description. See Sec. 3.45-1 of this chapter.
    (b) Line of demarcation. There is no line of demarcation prescribed 
for this District. When required, it will be determined in accordance 
with Sec. 67.01-20.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 61-40, 26 FR 
10353, Nov. 3, 1961]



Sec. 67.50-35  Eleventh Coast Guard District.

    (a) Description. See Sec. 3.55-1 of this chapter.

[[Page 177]]

    (b) Line of Demarcation. The line of demarcation described in this 
section is for administrative purposes to distinguish between the areas 
in which structures shall be subject to Class ``A'', ``B'', or ``C'' 
requirements. The line delimits the areas to seaward of which class 
``A'' requirements are imposed. The line of demarcation within the 
jurisdiction of the District Commander is defined as follows:
    (1) Commencing at a point of latitude 41[deg]59.8[min] N., longitude 
124[deg]19.5[min] W., thence southward along the seaward limit of the 
territorial sea to;
    (2) A point at latitude 32[deg]32.0[min] N, longitude 
117[deg]11.0[min] W.
    (c) Structures located within a half nautical mile of Traffic 
Separation Scheme Los Angeles/Long Beach will also be subject to class 
``A'' requirements. The traffic separation scheme is depicted on 
National Ocean Service Charts 18740, 18720, 18725, 18746, 18721.

[CGD11-86-02, 52 FR 37613, Oct. 8, 1987]



Sec. 67.50-45  Thirteenth Coast Guard District.

    (a) Description. See Sec. 3.65-1 of this chapter.
    (b) Line of demarcation. There is no line of demarcation prescribed 
for this District. When required, it will be determined in accordance 
with Sec. 67.01-20.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 62-25, 27 FR 
8733, Aug. 31, 1962]



Sec. 67.50-50  Seventeenth Coast Guard District.

    (a) Description. See Sec. 3.85-1 of this chapter.
    (b) Line of demarcation. There is no line of demarcation prescribed 
for this District. When required it will be determined in accordance 
with Sec. 67.01-20.

[CGFR 68-95, 33 FR 15285, Oct. 15, 1968]



PART 70_INTERFERENCE WITH OR DAMAGE TO AIDS TO NAVIGATION--Table of 
Contents




           Subpart 70.01_Interference With Aids to Navigation

Sec.
70.01-1 General provisions.
70.01-5 Penalty.

      Subpart 70.05_Collision With or Damage to Aids to Navigation

70.05-1 General provisions.
70.05-5 Penalty.
70.05-10 Revocation of license.
70.05-15 Liability for damages.
70.05-20 Report required.

    Authority: Secs. 14, 16, 30 Stat. 1152, 1153; secs. 84, 86, 92, 633, 
642, 63 Stat. 500, 501, 503, 545, 547 (33 U.S.C. 408, 411, 412; 14 
U.S.C. 84, 86, 92, 633, 642).



           Subpart 70.01_Interference With Aids to Navigation



Sec. 70.01-1  General provisions.

    No person, excluding the Armed Forces, shall obstruct or interfere 
with any aid to navigation established and maintained by the Coast 
Guard, or any private aid to navigation established and maintained in 
accordance with part 64, 66, 67, or 68 of this subchapter.

[CGFR 58-17, 23 FR 3383, May 20, 1958]



Sec. 70.01-5  Penalty.

    Any person violating the provisions of this section shall be deemed 
guilty of a misdemeanor and be subject to a fine not exceeding the sum 
of $500 for each offense, and each day during which such violation shall 
continue shall be considered a new offense.

[CGFR 52-15, 18 FR 12, Jan. 1, 1953]



      Subpart 70.05_Collision With or Damage to Aids to Navigation

    Source: CGFR 52-15, 18 FR 12, Jan. 1, 1953, unless otherwise noted.



Sec. 70.05-1  General provisions.

    No person shall take possession of or make use of for any purpose, 
or build upon, alter, deface, destroy, move, injure, obstruct by 
fastening vessels thereto or otherwise, or in any manner whatever impair 
the usefulness of any aid to navigation established and maintained by 
the United States.



Sec. 70.05-5  Penalty.

    Every person and every corporation that shall violate, or that shall 
knowingly aid, abet, authorize, or instigate a violation of the 
provisions of Sec. 70.05-1 shall be guilty of a misdemeanor, and

[[Page 178]]

on conviction thereof shall be punished by a fine not exceeding $2,500 
or less than $500, or by imprisonment (in case of a natural person) for 
not less than thirty days nor more than one year, or both, one half of 
such fine to be paid to the person or persons giving information which 
shall lead to conviction.



Sec. 70.05-10  Revocation of license.

    Every master, pilot, and engineer, or person or persons acting in 
such capacity, respectively, on board any boat or vessel who shall 
willfully injure or destroy an aid to navigation established and 
maintained by the United States shall be deemed guilty of violating the 
provisions of Sec. 70.05-1 and shall upon conviction be punished as 
provided in Sec. 70.05-5 and shall also have his license revoked or 
suspended for a term to be fixed by the judge before whom tried and 
convicted.



Sec. 70.05-15  Liability for damages.

    Any boat, vessel, scow, raft or other craft used or employed in 
violating any of the provisions of Sec. 70.05-1 shall be liable for the 
pecuniary penalties specified in Sec. 70.05-5, and in addition thereto 
for the amount of damage done by said boat, vessel, scow, raft or other 
craft, which may be proceeded against summarily by way of libel in any 
district court of the United States having jurisdiction thereof.



Sec. 70.05-20  Report required.

    Whenever any vessel collides with an aid to navigation established 
and maintained by the United States or any private aid to navigation 
established or maintained in accordance with Part 64, 66, 67, or 68 of 
this subchapter, or is connected with any such collision, it shall be 
the duty of the person in charge of such vessel to report the accident 
to the nearest Officer in Charge, Marine Inspection, in accordance with 
46 CFR 4.

[CGFR 58-17, 23 FR 3383, May 20, 1958, as amended by CGFR 61-55, 26 FR 
12572, Dec. 28, 1961; CGD 97-023, 62 FR 33362, June 19, 1997]



PART 72_MARINE INFORMATION--Table of Contents




                    Subpart 72.01_Notices to Mariners

Sec.
72.01-1 Purpose.
72.01-5 Local Notice to Mariners.
72.01-10 Notice to Mariners.
72.01-15--72.01-20 [Reserved]
72.01-25 Marine broadcast notice to mariners.
72.01-30 Temporary deficiencies.
72.01-35 Change of address.
72.01-40 Single copies.

                        Subpart 72.05_Light Lists

72.05-1 Purpose.
72.05-5 Sales agencies.
72.05-10 Free distribution.

    Authority: 14 U.S.C. 85, 633; 43 U.S.C. 1333; Department of Homeland 
Security Delegation No. 0170.1.



                    Subpart 72.01_Notices to Mariners



Sec. 72.01-1  Purpose.

    The Coast Guard issues information concerning the establishment of 
aids to maritime navigation and the changes, discontinuances, and 
deficiencies, except temporary deficiencies that are easily correctable, 
of aids to maritime navigation maintained and operated by or under the 
authority of the Coast Guard in documents and marine broadcasts having 
the general title of ``Notice to Mariners.'' This subpart describes the 
publications and the marine broadcasts.

[CGD 70-147R, 37 FR 10669, May 26, 1972]



Sec. 72.01-5  Local Notice to Mariners.

    (a) ``Local Notice to Mariners'' reports changes to and deficiencies 
in aids to navigation that are established or maintained and operated by 
or under the authority of the Coast Guard, and any other information 
pertaining to the waterways within each Coast Guard district that is of 
interest to the mariner.
    (b) ``Local Notice to Mariners'' is published and issued weekly by 
each Coast Guard district or more often if there is a need to notify 
mariners of local waterway information.
    (c) Any person may apply to the local Coast Guard District Office to 
be

[[Page 179]]

placed on the mailing list for the ``Local Notice to Mariners.'' The 
``Local Notice to Mariners'' is mailed to the public free of charge.

    Note to Sec. 72.01-5: You may also access Local Notice to Mariners 
free of charge on the Internet from the Coast Guard Navigation Center's 
Web site (http://www.navcen.uscg.gov/[deg]); look for ``Local Notice to 
Mariners''.

[CGD 70-147R, 37 FR 10669, May 26, 1972, as amended by USCG-2001-10714, 
69 FR 24984, May 5, 2004]



Sec. 72.01-10  Notice to Mariners.

    (a) ``Notice to Mariners'' is intended to advise mariners of new 
hydrographic discoveries, changes in channels and navigational aids, and 
information concerning the safety of navigation. ``Notice to Mariners'' 
also contains information--
    (1) Useful in updating the latest editions of charts and 
publications of the National Imagery and Mapping Agency, National Ocean 
Service, U.S. Army Corps of Engineers, and Coast Guard;
    (2) Selected from the ``Local Notice to Mariners'' issued and 
published by the 1 \st\, 5 \th\, 7 \th\, 8 \th\, 9 \th\, 11 \th\, 13 
\th\, 14 \th\, and 17 \th\ Coast Guard districts; and
    (3) Compiled from foreign notices to mariners, ship reports, and 
similar cooperating observer reports.
    (b) ``Notice to Mariners'' is published weekly by the National 
Imagery and Mapping Agency. The ``Notice to Mariners'' is prepared by 
the:
    (1) Coast Guard;
    (2) National Ocean Service; and
    (3) National Imagery and Mapping Agency.
    (c) This notice may be obtained free of charge from commercial 
maritime sources and upon request to the Defense Logistics Agency, 
Defense Supply Center Richmond, ATTN: JNB, 8000 Jefferson Davis Highway, 
Richmond, VA 23297-5100 or FAX 804-279-6510, ATTN: Accounts Manager, 
RMF. Request should be based on affirmative need for the information.

    Note to Sec. 72.01-10: You may also access Notice to Mariners 
through the National Geospatial-Intelligence Agency's Web site (http://
pollux.nss.nima.mil); look for ``U.S. Notice to Mariners''.

[CGD 97-023, 62 FR 33362, June 19, 1997, as amended by USCG-2001-9286, 
66 FR 33640, June 25, 2001; USCG-2001-10714, 69 FR 24984, May 5, 2004]



Sec. Sec. 72.01-15--72.01-20  [Reserved]



Sec. 72.01-25  Marine broadcast notice to mariners.

    (a) The Coast Guard broadcasts notices to mariners on its own or 
U.S. Navy radio stations to report navigational warnings containing 
information of importance to the safety of navigation of vessels, such 
as the position of ice and derelicts, defects, and changes to aids to 
navigation, and drifting mines. Radio stations broadcasting marine 
information are listed in ``Radio Navigational Aids'' (National Imagery 
and Mapping Agency Publication 117) and United States Coast Pilots.
    (b) Any person may purchase ``Radio Navigational Aids'' online from 
the U.S. Government Online Bookstore at http://bookstore.gpo.gov, by Fax 
at 202-521-2250, or by telephone at 202-512-1800. Send mail orders 
including payment to U.S. Government Printing Office, Superintendent of 
Documents, P.O. Box 371954, Pittsburgh, PA 15250-1954.
    (c) Any person may purchase United States Coast Pilots from any 
authorized agent for the sale of National Ocean Service charts and 
publications whose names and addresses are contained in the National 
Ocean Service Chart Catalogs.

[CGD 97-023, 62 FR 33362, June 19, 1997; USCG-2001-9286, 66 FR 33640, 
June 25, 2001]



Sec. 72.01-30  Temporary deficiencies.

    Temporary deficiencies in aids to navigation are not published in 
Notices to Mariners when it is known that the defects will be corrected 
promptly.

[CGFR 52-15, 18 FR 13, Jan. 1, 1953]



Sec. 72.01-35  Change of address.

    Persons receiving Notices to Mariners are requested to notify the 
appropriate agency of any change in address, giving both old and new 
addresses, or

[[Page 180]]

when Notices to Mariners are no longer required.

[CGFR 52-15, 18 FR 13, Jan. 1, 1953]



Sec. 72.01-40  Single copies.

    Single copies of the ``Notice to Mariners'' described in Sec. 
72.01-10 may be obtained or consulted at:
    (a) Coast Guard District Commanders' Offices;
    (b) National Ocean Service Field Offices;
    (c) The National Imagery and Mapping Agency; and
    (d) Custom Houses.

[CGD 97-023, 62 FR 33362, June 19, 1997]



                        Subpart 72.05_Light Lists



Sec. 72.05-1  Purpose.

    (a) The Coast Guard publishes the following Light Lists annually, 
with the exception of Volume V, which is published biennially, covering 
the waters of the United States, its territories and possessions:
    (1) Volume I, Atlantic Coast, from St. Croix River, Maine, to 
Shrewsbury River, New Jersey.
    (2) Volume II, Atlantic Coast, from Shrewsbury River, New Jersey, to 
Little River, South Carolina.
    (3) Volume III, Atlantic and Gulf Coasts, from Little River, South 
Carolina, to Econfina River, Florida, including Puerto Rico and the U.S. 
Virgin Islands.
    (4) Volume IV, Gulf of Mexico, from Econfina River, Florida to Rio 
Grande, Texas.
    (5) Volume V, Mississippi River System.
    (6) Volume VI, Pacific Coast and Pacific Islands.
    (7) Volume VII, Great Lakes.
    (b) The Light Lists contain the official name, location, 
characteristics, and general description of federal, state, and private 
aids to navigation maintained by or under authority of the U.S. Coast 
Guard, which are placed in navigable waters used by general navigation. 
The Light Lists do not contain information concerning private aids to 
navigation maintained under the authority of the U.S. Coast Guard, which 
are placed in navigable waters not used by general navigation; nor do 
they contain information concerning mooring buoys and some special marks 
having no lateral significance such as fish net, dredging, and racing 
buoys.

(14 U.S.C. 93; 49 U.S.C. 108; 49 CFR 1.46)

[CGFR 60-63, 25 FR 8949, Sept. 17, 1960, as amended by CGFR 63-48, 28 FR 
10379, Sept. 25, 1963; CGD 85-042, 50 FR 50904, Dec. 13, 1985; CGD 88-
105, 54 FR 12612, Mar. 28, 1989; USCG-2001-9286, 66 FR 33640, June 25, 
2001]



Sec. 72.05-5  Sales agencies.

    Each volume of the Light List is for sale by the Superintendent of 
Documents, Government Printing Office, and can be ordered online from 
the U.S. Government Online Bookstore at http://bookstore.gpo.gov, by Fax 
at 202-521-2250, or by telephone at 202-512-1800. Send mail orders 
including payment to U.S. Government Printing Office, Superintendent of 
Documents, P.O. Box 371954, Pittsburgh, PA 15250-1954. Notification of 
publication of a new edition of the Light List is published in the 
``Local Notices to Mariners'' and ``Notice to Mariners'' for the 
particular area that is covered as soon as the edition is available for 
distribution.

[USCG-2001-9286, 66 FR 33640, June 25, 2001]



Sec. 72.05-10  Free distribution.

    Official copies are distributed free of charge to Federal, State, 
and foreign governments, municipalities, libraries and other public 
institutions.

    Note to Sec. 72.05-10: You may also access Coast Guard Light data 
through the following National Geospatial-Intelligence Agency's Web 
site: (http://pollux.nss.nima.mil/pubs/USCGLL/pubs--j--uscgll--
list.html).

(R.S. 501, as amended, sec. 5, 38 Stat. 75; 44 U.S.C. 82, 84)

[CGFR 51-15, 18 FR 13, Jan. 1, 1953, as amended by USCG-2001-10714, 69 
FR 24984, May 5, 2004]



PART 74_CHARGES FOR COAST GUARD AIDS TO NAVIGATION WORK--Table of Contents




                   Subpart 74.01_Charges to the Public

Sec.
74.01-1 Claim for damage, destruction, or displacement.

[[Page 181]]

74.01-10 Charges invoiced to owner for marking sunken wrecks and other 
          obstructions to navigation.
74.01-15 Charges for placement of temporary aids.
74.01-20 Deposit of payment in special account.

                 Subpart 74.20_Aids to Navigation Costs

74.20-1 Buoy and vessel use costs.

    Authority: 14 U.S.C. 81, 85, 86, 92, 93, 141, 633, 642, 647; 49 CFR 
1.46 (b).

    Source: CGFR 58-50, 24 FR 5608, July 11, 1959, unless otherwise 
noted.



                   Subpart 74.01_Charges to the Public



Sec. 74.01-1  Claim for damage, destruction, or displacement.

    Whenever an aid to navigation is damaged, destroyed, or displaced 
from its station, a claim shall be made on behalf of the United States 
in accordance with Part 25 of this title.

[CGFR 70-7, 35 FR 4048, Mar. 4, 1970]



Sec. 74.01-10  Charges invoiced to owner for marking sunken wrecks and 
other obstructions to navigation.

    Charges for the establishment, maintenance, and replacement by the 
Coast Guard of an aid, either permanent or temporary, to mark a sunken 
wreck or other obstruction to navigation are calculated to recover the 
Coast Guard costs involved in, or associated with, the marking process. 
These charges will be invoiced to the owner of the obstruction. Charges 
for the removal of aids to navigation established by the Coast Guard 
will be invoiced to the owner unless the District Engineer requests the 
continued marking of the obstruction. All charges will be assessed in 
accordance with Subpart 74.20 of this part.

[CGD 81-051, 48 FR 15468, Apr. 11, 1983]



Sec. 74.01-15  Charges for placement of temporary aids.

    Charges for placement of temporary aids will be reimbursable and in 
accordance with Subpart 74.20 of this part. Where the placement of 
temporary aids other than those specified is made, a reasonable 
equivalence will be determined, and charges made accordingly.



Sec. 74.01-20  Deposit of payment in special account.

    Whenever an aid to navigation or other property belonging to the 
Coast Guard is damaged or destroyed by a private person, such person 
shall pay to the satisfaction of the Coast Guard the cost of repair or 
replacement of such property. The Coast Guard will accept and deposit 
such payment in a special account in the Treasury for payment therefrom 
of the cost of repairing or replacing the damaged property. Funds 
collected in excess of the cost to make repairs or replacements shall be 
refunded.



                 Subpart 74.20_Aids to Navigation Costs



Sec. 74.20-1  Buoy and vessel use costs.

    (a) The buoy and vessel use costs for establishing, maintaining, 
repairing, replacing, or removing an aid to navigation under the 
requirements of this part are contained in COMDTINST 7310 (series) which 
is available from the District Budget Office of the appropriate Coast 
Guard District Commander.
    (b) Buoy and vessel use charges under this part are made for the 
cost or value of time, in hours, consumed by the Government vessel, 
including ship's complement, employed in marking the obstruction. No 
charge for time and expense of Coast Guard vessels is made when the 
marking of the obstruction causes only minimal interruption of routinely 
scheduled ship's duty.

[CGD 81-051, 48 FR 15468, Apr. 11, 1983, as amended by USCG-2000-7223, 
65 FR 40055, June 29, 2000]



PART 76_SALE AND TRANSFER OF AIDS TO NAVIGATION EQUIPMENT--Table of 
Contents




                     Subpart 76.01_Sale of Equipment

Sec.
76.01-1 Sale of equipment not readily procurable.
76.01-5 Sale of condemned equipment.

                     Subpart 76.10_Federal Agencies

76.10-1 Exemption.


[[Page 182]]


    Authority: Sec. 92, 63 Stat. 503; sec. 641, 63 Stat. 547, as amended 
(14 U.S.C. 92, 641).

    Source: CGFR 52-15, 18 FR 14, Jan. 1, 1953, unless otherwise noted.



                     Subpart 76.01_Sale of Equipment



Sec. 76.01-1  Sale of equipment not readily procurable.

    The Commandant is authorized to sell aids to navigation apparatus or 
equipment to foreign, state, or municipal governments or departments 
thereof; parties required to maintain private aids to navigation to mark 
wrecks, piers, or other obstructions; contractors engaged on public 
works; and in other cases in which in the judgment of the Commandant the 
public interest may be served: Provided:
    (a) Such equipment has not been reported by the Coast Guard to the 
General Services Administration as excess (if the equipment has been 
reported to the General Services Administration as excess, the 
Commandant will submit the request to that administration for further 
action); and
    (b) Such equipment is not readily procurable in the open market. 
Requests to purchase such apparatus or equipment shall give sufficient 
reasons why the article or articles cannot be readily procured in the 
open market. If the Commandant considers that an article can be readily 
procured in the open market the prospective purchaser will be so 
informed, and given the names of dealers or manufacturers. Sales shall 
be invoiced at cost plus 25 percent for overhead. Proceeds of such sales 
shall be deposited in the Treasury to the credit of the current 
appropriation for operating expenses, Coast Guard.



Sec. 76.01-5  Sale of condemned equipment.

    When any condemned supplies, materials, or equipment cannot be 
profitably used in work of the Coast Guard, they will be disposed of 
under appropriate regulations of the General Services Administration. 
Applications for purchase of such materials may be submitted to the 
Commandant who will process them for further action under the applicable 
regulations.



                     Subpart 76.10_Federal Agencies



Sec. 76.10-1  Exemption.

    Nothing in this part shall be construed to affect the regulations 
concerning the transfer of supplies, materials, equipment, or land 
between other Federal agencies.

[[Page 183]]

                                  INDEX

                       SUBCHAPTER C_AIDS TO NAVIGATION

  Editorial Note: This listing is provided for informational purposes 
only. It is compiled and kept up-to-date by the Coast Guard, Department 
of Homeland Security, and is revised through July 1, 2006.

                                                                 Section

                                 A

Action by Coast Guard...........................................66.01-15
Aids to Navigation on Artificial Islands and Fixed Structures....Part 67
Aids to navigation..............................................66.10-15
Apparatus requirements...........................................67.10-1
Application for tests...........................................67.10-25
Application procedure............................................66.01-5
Applications...............................................Subpart 67.35
Approval of fog signals.........................................67.10-15
Approval of markings...............................................64.13
Arrangement of obstruction lights................................67.05-1

                                 B

Basic provisions.................................................66.01-1
Beacons and buoys..................................................62.23
Buoys and vessel use costs.......................................74.20-1

                                 C

Calibration Service................................................62.59
Carrier type operation.............................................62.57
Caution............................................................62.61
Change and modification of State aids to navigation.............66.05-25
Change of address...............................................72.01-35
Characteristics of obstruction lights...........................67.05-10
Characteristics.................................................66.01-10
Charges for Coast Guard Aids to Navigation Work..................Part 74
Charges for placement of temporary aids.........................74.01-15
Charges invoiced to owner for marking sunken wrecks and other 
obstructions to navigation......................................74.01-10
Charges invoiced to owner.......................................67.40-20
Claim for damage, destruction, or displacement...................74.01-1
Class ``A'' Requirements...................................Subpart 67.20
Class ``B'' Requirements...................................Subpart 67.25
Class ``C'' Requirements...................................Subpart 67.30
Classification of Structures....................................67.01-15
Coast Guard-State agreements....................................66.05-20
Communications with owner.......................................67.40-10
Contents of application..........................................67.35-5
Corps of Engineers' approval..........................66.01.30, 66.05-40

[[Page 184]]

                                 D

Defects and discrepancies, procedure for reporting.................62.65
Definition of terms.................................62.3, 64.06, 66.05-5
Delegation of authority to District Commanders...................66.01-3
Delegation of functions.........................................67.01-10
Deposit of payment in special account...........................74.01-20
Designation of navigable waters as State waters................66.05-100
Designations, revisions, and revocations of State waters for 
private aids to navigation......................................66.05-10
Determination of hazard to navigation..............................64.31
Discontinuance and removal......................................66.01-25
District Regulations...............................................67.50
Duration of marking on structures..................................64.23

                                 E

Exemption, Federal Agencies......................................76.10-1
Exemptions......................................................66.01-40

                                 F

Fog signal tests................................................67.10-20
Fog signals.................................67.20-10, 67.25-10, 67.30-10
Fog signals authorized for use prior to January 1, 1973.........67.10-40
Fog signals, general requirements for......................Subpart 67.10
Free distributions..............................................72.05-10

                                 G

General provisions......................................70.01.1, 70.05-1

                                 I

Information and regulatory marks...................................62.33
Inspection......................................................66.01-20
Interference with or damage to Aids to Navigation................Part 70
Intracoastal Waterway identification...............................62.49
Isolated danger marks..............................................62.29

                                 L

Label affixed by manufacturer...................................66.01-14
Large navigational buoys...........................................62.39
Lateral marks......................................................62.25
Liability for damages...........................................70.05-15
Light characteristics..............................................62.45
Light Lists................................................Subpart 72.05
Lighthouses........................................................62.37
Lights and signals on attendant vessels..........................67.15-1
Lights, general requirements...............................Subpart 67.05
Lines of demarcation, prescribing of............................67.01-20
Local Notice to Mariners.........................................72.01-5
Location requirements............................................67.10-5

                                 M

Marine broadcast notice to mariners.............................72.01-25
Marine Information...............................................Part 72
Maritime Radiobeacons..............................................62.55
Marking and notification requirements.......................64.11, 64.21

[[Page 185]]

Marking at owner's expense......................................67.40-15
Marking by Coast Guard.............................................64.33
Marking for marine parades and regattas.............................62.5
Marking of Structures, Sunken Vessels, and other Obstructions....Part 64
Minimum lighting requirements...................................67.05-20
Mooring (anchor) buoys..........................................66.10-45
Mooring buoys......................................................62.35
Multiple obstruction lights......................................67.01-5

                                 N

Navigation lights...............................................66.10-35
Notice of approval and withdrawal of approval...................67.10-35
Notice to Mariners....................................66.05-30, 72.01-10
Notification...............................................Subpart 67.40
Notification to District Commander...............................67.40-1

                                 O

Obstruction lights.............................67.20-5, 67.25-5, 67.30-5
Operating periods of obstruction lights.........................67.05-15
Operating requirements..........................................67.10-10

                                 P

Penalties.......................................................66.01-45
Penalty.......................................67.40-25, 70.01-5, 70.05-5
Private aids to navigation......................................67.35-10
Private Aids to Navigation other than Federal and State....Subpart 66.01
Private aids to navigation other than State owned...............66.05-35
Procedure, applications..........................................67.35-1
Protection of private aids to navigation........................66.01-50
Purpose...........................62.1, 64.01, 66.05-1, 72.01-1, 72.05-1

                                 R

Racons.............................................................62.53
Recommendations....................................................62.63
Report required.................................................70.05-20
Revocation of license...........................................70.05-10

                                 S

Safe water marks...................................................62.27
Sale and Transfer of Aids to Navigation Equipment................Part 76
Sale of condemned equipment......................................76.01-5
Sale of equipment not readily procurable.........................76.01-1
Sales agencies...................................................72.05-5
Scope..............................................................64.03
Seismographic and surveying operations...........................67.15-5
Single copies...................................................72.01-40
Sound signals......................................................62.47
Special lighting requirements...................................67.05-25
Special marks......................................................62.31
Spoil banks, artificial islands, and dredged channels...........67.15-10
State Aids to Navigation...................................Subpart 66.05
Structures.....................................67.20-1, 67.25-1, 67.30-1

[[Page 186]]

                                 T

Temporary deficiencies..........................................72.01-30
To whom addressed...............................................67.35-15
Transfer of ownership...........................................66.01-55

                                 U

Uniform State Waterway Marking System......................Subpart 66.10
United States Aids to Navigation System..........................Part 62

                                 W

Waivers..........................................................67.40-5
Western Rivers marking system......................................62.51
Withdrawal of approval..........................................67.10-30

[[Page 187]]



               SUBCHAPTER D_INTERNATIONAL NAVIGATION RULES



    Special Note: Application of the 72 COLREGS to territories and 
possessions.
    a. Article III of the Convention on the International Regulations 
for Preventing Collisons at Sea, 1972 (72 COLREGS), done at London, 
October 20, 1972, as rectified by Proces-Verbal of December 1, 1973, 
provides that a party may notify the Secretary-General of the 
International Maritime Organization (IMO, formerly Inter-Governmental 
Maritime Consultative Organization or IMCO) that it extends the 
application of the Convention to territory for which it is responsible 
for international relations. Since it is the intention of the United 
States that the 72 COLREGS apply to all U.S. territories and possessions 
to the same extent that the International Regulations for Preventing 
Collisions at Sea, 1960 (60 COLREGS) (16 USC 794, TIAS 5813) previously 
applied, the United States has given notice to the Secretary-General 
that the provisions of the 1972 COLREGS are applicable on July 15, 1977, 
to the following territories and possessions for which the United States 
is responsible for international relations:

Puerto Rico
Guam
The Canal Zone
The Virgin Islands of the United States
American Samoa
Midway Island
Wake Island
Johnston Island
Palmyra Island
Kingman Reef
Howland Island
Baker Island
Jarvis Island
Navassa Island

    b. In accordance with Article III, other parties to the Convention 
have notified the Secretary-General that application of 72 COLREGS is 
extended. These parties with their territorial extensions are listed in 
Table 1.

     Table 1. Territorial Extensions of Other Parties to 72 COLREGS
------------------------------------------------------------------------
                                               Territories to which 72
            Party to convention                 COLREGS are extended
------------------------------------------------------------------------
United Kingdom............................  Hong Kong.
------------------------------------------------------------------------

    Because earlier formulations of the COLREGS were not elaborated as 
treaties, they came into force by the almost simultaneous enactment of 
domestic legislation by the majority of maritime nations. The COLREGS 
were judicially considered as being customary international law, that is 
to say international law based upon the consensus of maritime nations 
rather than upon an express instrument. Because 72 COLREGS was 
elaborated as a treaty, and under usual treaty practice only parties are 
bound, there may be a period of time after the 72 COLREGS come into 
force during which the ships of a nation not party to 72 COLREGS might 
not be considered as being bound to comply with the convention. While it 
is most likely that the 72 COLREGS will rapidly achieve the status of 
customary international law, thereby obviating any concern on the part 
of the mariner as to whether a particular nation is a party, it does not 
necessarily follow that the courts in all nations will apply 72 COLREGS 
to the vessels of a non-party nation. In the absence of changes in their 
domestic law there may be certain nations that will feel compelled to 
continue 60 COLREGS in force, despite the coming into force of 72 
COLREGS.
    The following nations are Contracting Parties for which 72 COLREGS 
will apply upon the Convention's entry into force:

Algeria
Bahamas
Belgium
Brazil
Bulgaria
Canada
Denmark
Finland
France
German Democratic Republic
Germany, Federal Republic
Ghana
Greece
Hungary
Iceland
India
Liberia
Mexico
Monaco
Netherlands
New Zealand
Nigeria
Norway
Papua New Guinea
Poland
Romania
South Africa
Spain
Sweden
Switzerland
Syrian Arab Republic
USSR
United Kingdom
United States
Yugloslavia
Zaire

    The following nations have accepted the 60 COLREGS but are not 
Contracting Parties to 72 COLREGS:
Argentina
Australia
Austria
Barbados
Burma
China
Cuba
Cyprus
Czechoslovakia
Ecuador
Egypt
Fiji
Gambia
Indonesia
Ireland
Israel
Italy
Ivory Coast
Jamaica
Japan
Kuwait
Lebanon
Libyan Arab Republic
Madagascar
Maldives
Morocco
Oman
Pakistan
Paraguay

[[Page 188]]


Peru
Philippines
Portugal
Republic of Korea
Singapore
Surinam
Tonga
Trinidad
Tobago
Tunisia
Turkey
United Republic of
Cameroon

[CGD 77-075, 42 FR 26976, May 26, 1977. Redesignated by CGD 81-017, 46 
FR 28153, May 26, 1981; CGD 95-053, 61 FR 9, Jan. 2, 1996]



PART 80_COLREGS DEMARCATION LINES--Table of Contents




                                 General

Sec.
80.01 General basis and purpose of demarcation lines.

                             Atlantic Coast

                             first district

80.105 Calais, ME to Cape Small, ME.
80.110 Casco Bay, ME.
80.115 Portland Head, ME to Cape Ann, MA.
80.120 Cape Ann, MA to Marblehead Neck, MA.
80.125 Marblehead Neck, MA to Nahant, MA.
80.130 Boston Harbor entrance.
80.135 Hull, MA to Race Point, MA.
80.145 Race Point, MA to Watch Hill, RI.
80.150 Block Island, RI.
80.155 Watch Hill, RI to Montauk Point, NY.
80.160 Montauk Point, NY to Atlantic Beach, NY.
80.165 New York Harbor.
80.170 Sandy Hook, NJ to Tom's River, NJ.

                             fifth district

80.501 Tom's River, NJ to Cape May, NJ.
80.503 Delaware Bay.
80.505 Cape Henlopen, DL to Cape Charles, VA.
80.510 Chesapeake Bay Entrance, VA.
80.515 Cape Henry, VA to Cape Hatteras, NC.
80.520 Cape Hatteras, NC to Cape Lookout, NC.
80.525 Cape Lookout, NC to Cape Fear, NC.
80.530 Cape Fear, NC to New River Inlet, NC.

                            seventh district

80.703 Little River Inlet, SC to Cape Romain, SC.
80.707 Cape Romain, SC to Sullivans Island, SC.
80.710 Charleston Harbor, SC.
80.712 Morris Island, SC to Hilton Head Island, SC.
80.715 Savannah River.
80.717 Tybee Island, GA to St. Simons Island, GA.
80.720 St. Simons Island, GA to Amelia Island, FL.
80.723 Amelia Island, FL to Cape Canaveral, FL.
80.727 Cape Canaveral, FL to Miami Beach, FL.
80.730 Miami Harbor, FL.
80.735 Miami, FL to Long Key, FL.

                     Puerto Rico and Virgin Islands

                            seventh district

80.738 Puerto Rico and Virgin Islands.

                               Gulf Coast

                            seventh district

80.740 Long Key, FL to Cape Sable, FL.
80.745 Cape Sable, FL to Cape Romano, FL.
80.748 Cape Romano, FL to Sanibel Island, FL.
80.750 Sanibel Island, FL to St. Petersburg, FL.
80.753 St. Petersburg, FL to Anclote, FL.
80.755 Anclote, FL to the Suncoast Keys, FL.
80.757 Suncoast Keys, FL to Horseshoe Point, FL.
80.760 Horseshoe Point, FL to Rock Island, FL.

                             eighth district

80.805 Rock Island, FL to Cape San Blas, FL.
80.810 Cape San Blas, FL to Perdido Bay, FL.
80.815 Mobile Bay, AL to the Chandeleur Islands, LA.
80.825 Mississippi Passes, LA.
80.830 Mississippi Passes, LA to Point Au Fer, LA.
80.835 Point Au Fer, LA to Calcasieu Pass, LA.
80.840 Sabine Pass, TX to Galveston, TX.
80.845 Galveston, TX to Freeport, TX.
80.850 Brazos River, TX to the Rio Grande, TX.

                              Pacific Coast

                            eleventh district

80.1102 Santa Catalina Island, CA.
80.1104 San Diego Harbor, CA.
80.1106 Mission Bay, CA.
80.1108 Oceanside Harbor, CA.
80.1110 Dana Point Harbor, CA.
80.1112 Newport Bay, CA.
80.1114 San Pedro Bay--Anaheim Bay, CA.
80.1116 Redondo Harbor, CA.
80.1118 Marina Del Rey, CA.
80.1120 Port Hueneme, CA.
80.1122 Channel Islands Harbor, CA.
80.1124 Ventura Marina, CA.
80.1126 Santa Barbara Harbor, CA.
80.1130 San Luis Obispo Bay, CA.
80.1132 Estero--Morro Bay, CA.
80.1134 Monterey Harbor, CA.

[[Page 189]]

80.1136 Moss Landing Harbor, CA.
80.1138 Santa Cruz Harbor, CA.
80.1140 Pillar Point Harbor, CA.
80.1142 San Francisco Harbor, CA.
80.1144 Bodega and Tomales Bay, CA.
80.1146 Albion River, CA.
80.1148 Noyo River, CA.
80.1150 Arcato--Humboldt Bay, CA.
80.1152 Crescent City Harbor, CA.

                           thirteenth district

80.1305 Chetco River, OR.
80.1310 Rogue River, OR.
80.1315 Coquille River, OR.
80.1320 Coos Bay, OR.
80.1325 Umpqua River, OR.
80.1330 Siuslaw River, OR.
80.1335 Alsea Bay, OR.
80.1340 Yaquina Bay, OR.
80.1345 Depoe Bay, OR.
80.1350 Netarts Bay, OR.
80.1355 Tillamook Bay, OR.
80.1360 Nehalem River, OR.
80.1365 Columbia River Entrance, OR/WA.
80.1370 Willapa Bay, WA.
80.1375 Grays Harbor, WA.
80.1380 Quillayute River, WA.
80.1385 Strait of Juan de Fuca
80.1390 Haro Strait and Strait of Georgia
80.1395 Puget Sound and adjacent waters.

                             Pacific Islands

                           fourteenth district

80.1410 Hawaiian Island Exemption from General Rule.
80.1420 Mamala Bay, Oahu, HI.
80.1430 Kaneohe Bay, Oahu, HI.
80.1440 Port Allen, Kauai, HI.
80.1450 Nawiliwili Harbor, Kauai, HI.
80.1460 Kahului Harbor, Maui, HI.
80.1470 Kawaihae Harbor, Hawaii, HI.
80.1480 Hilo Harbor, Hawaii, HI.
80.1490 Apra Harbor, U.S. Territory of Guam.
80.1495 U.S. Pacific Island Possessions.

                                 Alaska

                          seventeenth district

80.1705 Alaska.

    Authority: 14 U.S.C. 2; 14 U.S.C. 633; 33 U.S.C. 151(a); 49 CFR 
1.46.

    Source: CGD 77-118a, 42 FR 35784, July 11, 1977, unless otherwise 
noted. Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981.

                                 General



Sec. 80.01  General basis and purpose of demarcation lines.

    (a) The regulations in this part establish the lines of demarcation 
delineating those waters upon which mariners shall comply with the 
International Regulations for Preventing Collisions at Sea, 1972 (72 
COLREGS) and those water upon which mariners shall comply with the 
Inland Navigation Rules.
    (b) The waters inside of the lines are Inland Rules waters. The 
waters outside the lines are COLREGS waters.
    (c) Geographic coordinates expressed in terms of latitude or 
longitude, or both, are not intended for plotting on maps or charts 
whose referenced horizontal datum is the North American Datum of 1983 
(NAD 83), unless such geographic coordinates are expressly labeled NAD 
83. Geographic coordinates without the NAD 83 reference may be plotted 
on maps or charts referenced to NAD 83 only after application of the 
appropriate corrections that are published on the particular map or 
chart being used.

[CGD 82-029, 47 FR 19519, May 6, 1982, as amended by CGD 83-003, 48 FR 
7442, Feb. 18, 1983; CGD 86-082, 52 FR 33810, Sept. 8, 1987]

                             Atlantic Coast

                             first district



Sec. 80.105  Calais, ME to Cape Small, ME.

    The 72 COLREGS shall apply on the harbors, bays, and inlets on the 
east coast of Maine from International Bridge at Calais, ME to the 
southwesternmost extremity of Bald Head at Cape Small.



Sec. 80.110  Casco Bay, ME.

    (a) A line drawn from the southwesternmost extremity of Bald Head at 
Cape Small to the southeasternmost extremity of Ragged Island; thence to 
the southern tangent of Jaquish Island thence to Little Mark Island 
Monument Light; thence to the northernmost extremity of Jewell Island.
    (b) A line drawn from the tower on Jewell Island charted in 
approximate position latitude 43[deg]40.6[min] N. longitude 
70[deg]05.9[min] W. to the northeasternmost extremity of Outer Green 
Island.
    (c) A Line drawn from the southwesternmost extremity of Outer Green 
Island to Ram Island Ledge Light; thence to Portland Head Light.

[[Page 190]]



Sec. 80.115  Portland Head, ME to Cape Ann, MA.

    (a) Except inside lines specifically described in this section, the 
72 COLREGS shall apply on the harbors, bays, and inlets on the east 
coast of Maine, New Hampshire, and Massachusetts from Portland Head to 
Halibut Point at Cape Ann.
    (b) A line drawn from the southernmost tower on Gerrish Island 
charted in approximate position latitude 43[deg]04.0[min] N. longitude 
70[deg]41.2[min] W. to Whaleback Light; thence to Jaffrey Point Light 
2A; thence to the northeasternmost extremity of Frost Point.
    (c) A line drawn from the northernmost extremity of Farm Point to 
Annisquam Harbor Light.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 7786, Mar. 6, 
1986]



Sec. 80.120  Cape Ann, MA to Marblehead Neck, MA.

    (a) Except inside lines specifically described in this section, the 
72 COLREGS shall apply on the harbors, bays and inlets on the east coast 
of Massachusetts from Halibut Point at Cape Ann to Marblehead Neck.
    (b) A line drawn from Gloucester Harbor Breakwater Light to the twin 
towers charted in approximate position latitude 42[deg]35.1[min] N. 
longitude 70[deg]41.6[min] W.
    (c) A line drawn from the westernmost extremity of Gales Point to 
the easternmost extremity of House Island; thence to Bakers Island 
Light; thence to Marblehead Light.

[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. 15, 1977. 
Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981]



Sec. 80.125  Marblehead Neck, MA to Nahant, MA.

    The 72 COLREGS apply on the harbors, bays, and inlets on the east 
coast of Massachusetts from Marblehead Neck to the easternmost tower at 
Nahant, charted in approximate position latitude 42[deg]25.4[min] N., 
longitude 70[deg]54.6[min] W.

[CGD 79-066, 45 FR 15176, Mar. 10, 1980. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981]



Sec. 80.130  Boston Harbor entrance.

    A line drawn from the easternmost tower at Nahant, charted in 
approximate position latitude 42[deg]25.4[min] N., longitude 
70[deg]54.6[min] W., to Boston Lighted Horn Buoy ``B''; thence to the 
esternmost radio tower at Hull, charted in approximate position latitude 
42[deg]16.7[min] N., longitude 70[deg]52.6[min] W.

[CGD 79-066, 45 FR 15176, Mar. 10, 1980. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981]



Sec. 80.135  Hull, MA to Race Point, MA.

    (a) Except inside lines described in this section, the 72 COLREGS 
apply on the harbors, bays, and inlets on the east coast of 
Massachusetts from the easternmost radio tower at Hull, charted in 
approximate position latitude 42[deg]16.7[min] N., longitude 
70[deg]52.6[min] W., to Race Point on Cape Cod.
    (b) A line drawn from Canal Breakwater Light 4 south to the 
shoreline.

[CGD 77-118a, 42 FR 35784, July 11, 1977, as amended by CGD 79-066, 45 
FR 15176, Mar. 10, 1980. Redesignated by CGD 81-017, 46 FR 28154, May 
26, 1981, and amended by CGD 84-091, 51 FR 7786, Mar. 6, 1986]



Sec. 80.145  Race Point, MA, to Watch Hill, RI.

    (a) Except inside lines specifically described in this section, the 
72 COLREGS shall apply on the sounds, bays, harbors, and inlets along 
the coast of Cape Cod and the southern coasts of Massachusetts and Rhode 
Island from Race Point to Watch Hill.
    (b) A line drawn from Nobska Point Light to Tarpaulin Cove Light on 
the southeastern side of Naushon Island; thence from the southernmost 
tangent of Naushon Island to the easternmost extremity of Nashawena 
Island; thence from the southwestern most extremity of Nashawena Island 
to the easternmost extremity of Cuttyhunk Island; thence from the 
southwestern tangent of Cuttyhunk Island to the tower on Gooseberry Neck 
charted in approximate position latitude 41[deg]29.1[min] N. longitude 
71[deg]02.3[min] W.
    (c) A line drawn from Sakonnet Breakwater Light 2 tangent to the 
southernmost part of Sachuest Point charted in approximate position 
latitude 41[deg]28.5[min] N. longitude 71[deg]14.8[min] W.

[[Page 191]]

    (d) An east-west line drawn through Beavertail Light between Brenton 
Point and the Boston Neck shoreline.

[CGD 77-118a, 42 FR 35784, July 11, 1977, as amended by CGD 79-036, 44 
FR 22458, Apr. 16, 1979. Redesignated by CGD 81-017, 46 FR 28154, May 
26, 1981, and amended by CGD 84-091, 51 FR 7786, Mar. 6, 1986]



Sec. 80.150  Block Island, RI.

    The 72 COLREGS shall apply on the harbors of Block Island.



Sec. 80.155  Watch Hill, RI to Montauk Point, NY.

    (a) A line drawn from Watch Hill Light to East Point on Fishers 
Island.
    (b) A line drawn from Race Point to Race Rock Light; thence to 
Little Gull Island Light thence to East Point on Plum Island.
    (c) A line drawn from Plum Island Harbor East Dolphin Light to Plum 
Island Harbor West Dolphin Light.
    (d) A line drawn from Plum Island Light to Orient Point Light; 
thence to Orient Point.
    (e) A line drawn from the lighthouse ruins at the southwestern end 
of Long Beach Point to Cornelius Point.
    (f) A line drawn from Coecles Harbor Entrance Light to Sungic Point.
    (g) A line drawn from Nichols Point to Cedar Island Light.
    (h) A line drawn from Threemile Harbor West Breakwater Light to 
Threemile Harbor East Breakwater Light.
    (i) A line drawn from Montauk West Jetty Light 1 to Montauk East 
Jetty Light 2.

[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. 15, 1977. 
Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981, and amended by 
CGD 84-091, 51 FR 7786, Mar. 6, 1986. Redesignated by CGD 87-008b, 52 FR 
25218, July 6, 1987]



Sec. 80.160  Montauk Point, NY to Atlantic Beach, NY.

    (a) A line drawn from the Shinnecock Inlet East Breakwater Light to 
Shinnecock Inlet West Breakwater Light 1.
    (b) A line drawn from Moriches Inlet East Breakwater Light to 
Moriches Inlet West Breakwater Light.
    (c) A line drawn from Fire Island Inlet Breakwater Light 348[deg] 
true to the southernmost extremity of the spit of land at the western 
end of Oak Beach.
    (d) A line drawn from Jones Inlet Light 322[deg] true across the 
southwest tangent of the island on the north side of Jones Inlet to the 
shoreline.

[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. 15, 1977. 
Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981; CGD 84-091, and 
amended by 51 FR 7786, Mar. 6, 1986. Redesignated by CGD 87-008b, 52 FR 
25218, July 6, 1987]



Sec. 80.165  New York Harbor.

    A line drawn from East Rockaway Inlet Breakwater Light to Sandy Hook 
Light.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.170  Sandy Hook, NJ to Tom's River, NJ.

    (a) A line drawn from Shark River Inlet North Breakwater Light 2 to 
Shark River Inlet South Breakwater Light 1.
    (b) A line drawn from Manasquan Inlet North Breakwater Light 4 to 
Manasquan Inlet South Breakwater Light 3.
    (c) A line drawn from Barnegat Inlet North Breakwater Light 4A to 
the seaward extremity of the submerged Barnegat Inlet South Breakwater; 
thence along the submerged breakwater to the shoreline.

[CGD 87-008b, 52 FR 25218, July 6, 1987]

                             fifth district



Sec. 80.501  Tom's River, NJ to Cape May, NJ.

    (a) A line drawn from the seaward tangent of Long Beach Island to 
the seaward tangent to Pullen Island across Beach Haven and Little Egg 
Inlets.
    (b) A line drawn from the seaward tangent of Pullen Island to the 
seaward tangent of Brigantine Island across Brigantine Inlet.
    (c) A line drawn from the seaward extremity of Absecon Inlet.
    (d) A line drawn from the southernmost point of Longport at latitude 
39[deg]18.2[min] N. longitude 74[deg]33.1[min] W. to the 
northeasternmost point of Ocean City

[[Page 192]]

at latitude 39[deg]17.6[min] N. longitude 74[deg]33.1[min] W. across 
Great Egg Harbor Inlet.
    (e) A line drawn parallel with the general trend of highwater 
shoreline across Corson Inlet.
    (f) A line formed by the centerline of the Townsend Inlet Highway 
Bridge.
    (g) A line formed by the shoreline of Seven Mile Beach and Hereford 
Inlet Light.
    (h) A line drawn from Cape May Inlet East Jetty Light 4 to Cape May 
Inlet West Jetty Light 5.

[CGD 87-008b, 52 FR 25218, July 6, 1987, as amended by CGD 94-011, 63 FR 
5731, Feb. 4, 1998; USCG-2000-7223, 65 FR 40055, June 29, 2000]



Sec. 80.503  Delaware Bay.

    A line drawn from Cape May Light to Harbor of Refuge Light; thence 
to the northernmost extremity of Cape Henlopen.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.505  Cape Henlopen, DL to Cape Charles, VA.

    (a) A line drawn from the seaward extremity of Indian River Inlet 
North Jetty to Indian River Inlet South Jetty Light.
    (b) A line drawn from Ocean City Inlet Light 6, 225[deg] true across 
Ocean City Inlet to the submerged south breakwater.
    (c) A line drawn from Assateague Beach Tower Light to the tower 
charted at latitude 37[deg]52.6[min] N. longitude 75[deg]26.7[min] W.
    (d) A line formed by the range of Wachapreague Inlet Light 3 and 
Parramore Beach Lookout Tower drawn across Wachapreague Inlet.
    (e) A line drawn from the lookout tower charted on the northern end 
of Hog Island to the seaward tangent of Parramore Beach.
    (f) A line drawn 207[deg] true from the lookout tower charted on the 
southern end of Hog Island across Great Machipongo Inlet.
    (g) A line formed by the range of the two cupolas charted on the 
southern end of Cobb Island drawn across Sand Shoal Inlet.
    (h) Except as provided elsewhere in this section from Cape Henlopen 
to Cape Charles, lines drawn parallel with the general trend of the 
highwater shoreline across the entrances to small bays and inlets.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 7786, Mar. 6, 
1986]



Sec. 80.510  Chesapeake Bay Entrance, VA.

    A line drawn from Cape Charles Light to Cape Henry Light.



Sec. 80.515  Cape Henry, VA to Cape Hatteras, NC.

    (a) A line drawn from Rudee Inlet Jetty Light 2 to Rudee Inlet Jetty 
Light 1.
    (b) A line formed by the centerline of the highway bridge across 
Oregon Inlet.



Sec. 80.520  Cape Hatteras, NC to Cape Lookout, NC.

    (a) A line drawn from Hatteras Inlet Lookout Tower at latitude 
35[deg]11.8[min] N. longitude 75[deg]44.9[min] W. 255[deg] true to the 
eastern end of Ocracoke Island.
    (b) A line drawn from the westernmost extremity of Ocracoke Island 
at latitude 35[deg]04.0[min] N. longitude 76[deg]00.8[min] W. to the 
northeastern extremity of Portsmouth Island at latitude 35[deg]03.7[min] 
N. longitude 76[deg]02.3[min] W.
    (c) A line drawn across Drum Inlet parallel with the general trend 
of the highwater shoreline.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 21748, June 16, 
1986; CGD 94-011, 63 FR 5731, Feb. 4, 1998]



Sec. 80.525  Cape Lookout, NC to Cape Fear, NC.

    (a) A line drawn from Cape lookout Light to the seaward tangent of 
the southeastern end of Shackleford Banks.
    (b) A line drawn from Morehead City Channel Range Front Light to the 
seaward extremity of the Beaufort Inlet west jetty.
    (c) A line drawn from the southernmost extremity of Bogue Banks at 
latitude 34[deg]38.7[min] N. longitude 77[deg]06.0[min] W. across Bogue 
Inlet to the northernmost

[[Page 193]]

extremity of Bear Beach at latitude 34[deg]38.5[min] N. longitude 
77[deg]07.1[min] W.
    (d) A line drawn from the southeasternmost extremity on the 
southwest side of New River Inlet at latitude 34[deg]31.5[min] N. 
longitude 77[deg]20.6[min] W. to the seaward tangent of the shoreline on 
the northeast side on New River Inlet.
    (e) A line drawn across New Topsail Inlet between the closest 
extremities of the shore on either side of the inlet from latitude 
34[deg]20.8[min] N. longitude 77[deg]39.2[min] W. to latitude 
34[deg]20.6[min] N. longitude 77[deg]39.6[min] W.
    (f) A line drawn from the seaward extremity of the jetty on the 
northeast side of Masonboro Inlet to the seaward extremity of the jetty 
on the southeast side of the Inlet.
    (g) Except as provided elsewhere in this section from Cape Lookout 
to Cape Fear, lines drawn parallel with the general trend of the 
highwater shoreline across the entrance of small bays and inlets.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 7786, Mar. 6, 
1986]



Sec. 80.530  Cape Fear, NC to Little River Inlet, NC.

    (a) A line drawn from the abandoned lighthouse charted in 
approximate position latitude 33[deg]52.4[min] N. longitude 
78[deg]00.1[min] W. across the Cape Fear River Entrance to Oak Island 
Light.
    (b) Except as provided elsewhere in this section from Cape Fear to 
Little River Inlet, lines drawn parallel with the general trend of the 
highwater shoreline across the entrance to small inlets.

                            seventh district



Sec. 80.703  Little River Inlet, SC to Cape Romain, SC.

    (a) A line drawn from the westernmost extremity of the sand spit on 
Bird Island to the easternmost extremity of Waties Island across Little 
River Inlet.
    (b) From Little River Inlet, a line drawn parallel with the general 
trend of the highwater shoreline across Hog Inlet; thence a line drawn 
across the seaward ends of the Murrels Inlet jetties; thence a line 
drawn parallel with the general trend of the highwater shoreline across 
Midway Inlet, Pawleys Inlet, and North Inlet.
    (c) A line drawn from the charted position of Winyah Bay North Jetty 
End Buoy 2N south to the Winyah Bay South Jetty.
    (d) A line drawn from Santee Point to the seaward tangent of Cedar 
Island.
    (e) A line drawn from Cedar Island Point west to Murphy Island.
    (f) A north-south line (longitude 79[deg]20.3[min] W.) drawn from 
Murphy Island to the northernmost extremity of Cape Island Point.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and amended by CGD 89-068, 55 FR 31831, Aug. 6, 
1990]



Sec. 80.707  Cape Romain, SC to Sullivans Island, SC.

    (a) A line drawn from the western extremity of Cape Romain 292[deg] 
true to Racoon Key on the west side of Racoon Creek.
    (b) A line drawn from the westernmost extremity of Sandy Point 
across Bull Bay to the northernmost extremity of Northeast Point.
    (c) A line drawn from the southernmost extremity of Bull Island to 
the easternmost extremity of Capers Island.
    (d) A line formed by the overhead power cable from Capers Island to 
Dewees Island.
    (e) A line formed by the overhead power cable from Dewees Island to 
Isle of Palms.
    (f) A line formed by the centerline of the highway bridge between 
Isle of Palms and Sullivans Island over Breach Inlet.



Sec. 80.710  Charleston Harbor, SC.

    (a) A line formed by the submerged north jetty from the shore to the 
west end of the north jetty.
    (b) A line drawn from across the seaward extremity of the Charleston 
Harbor Jetties.
    (c) A line drawn from the west end of the South Jetty across the 
South Entrance to Charleston Harbor to shore on a line formed by the 
submerged south jetty.

[[Page 194]]



Sec. 80.712  Morris Island, SC to Hilton Head Island, SC.

    (a) A line drawn from the easternmost tip of Folley Island to the 
abandoned lighthouse tower on the northside of Lighthouse Inlet; thence 
west to the shoreline of Morris Island.
    (b) A straight line drawn from the seaward tangent of Folly Island 
through Folly River Daybeacon 10 across Stono River to the shoreline of 
Sandy Point.
    (c) A line drawn from the southernmost extremity of Seabrook Island 
257[deg] true across the North Edisto River Entrance to the shore of 
Botany Bay Island.
    (d) A line drawn from the microwave antenna tower on Edisto Beach 
charted in approximate position latitude 32[deg]29.3[min] N. longitude 
80[deg]19.2[min] W. across St. Helena Sound to the abandoned lighthouse 
tower on Hunting Island.
    (e) A line formed by the centerline of the highway bridge between 
Hunting Island and Fripp Island.
    (f) A line drawn from the westernmost extremity of Bull Point on 
Capers Island to Port Royal Sound Channel Range Rear Light, latitude 
32[deg]13.7[min] N. longitude 80[deg]36.0[min] W.; thence 259[deg] true 
to the easternmost extremity of Hilton Head at latitude 32[deg]13.0[min] 
N. longitude 80[deg]40.1[min] W.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 7786, Mar. 6, 
1986]



Sec. 80.715  Savannah River.

    A line drawn from the southernmost tank on Hilton Head Island 
charted in approximate position latitude 32[deg]06.7[min] N. longitude 
80[deg]49.3[min] W. to Bloody Point Range Rear Light; thence to Tybee 
(Range Rear) Light.



Sec. 80.717  Tybee Island, GA to St. Simons Island, GA.

    (a) A line drawn from the southernmost extremity of Savannah Beach 
on Tybee Island 255[deg] true across Tybee Inlet to the shore of Little 
Tybee Island south of the entrance to Buck Hammock Creek.
    (b) A straight line drawn from the northeasternmost extremity of 
Wassaw Island 031[deg] true through Tybee River Daybeacon 1 to the shore 
of Little Tybee Island.
    (c) A line drawn approximately parallel with the general trend of 
the highwater shorelines from the seaward tangent of Wassau Island to 
the seaward tangent of Bradley Point on Ossabaw Island.
    (d) A north-south line (longitude 81[deg]8.4[min] W.) drawn from the 
southernmost extremity of Ossabaw Island to St. Catherines Island.
    (e) A north-south line (longitude 81[deg]10.6[min] W.) drawn from 
the southernmost extremity of St. Catherines Island to Northeast Point 
on Blackbeard Island.
    (f) A line following the general trend of the seaward highwater 
shoreline across Cabretta Inlet.
    (g) A north-south line (longitude 81[deg]16.9[min] W.) drawn from 
the south-westernmost point on Sapelo Island to Wolf Island.
    (h) A north-south line (longitude 81[deg]17.1[min] W.) drawn from 
the south-easternmost point of Wolf Island to the northeasternmost point 
on Little St. Simons Island.
    (i) A line drawn from the northeasternmost extremity of Sea Island 
045[deg] true to Little St. Simons Island.
    (j) An east-west line from the southernmost extremity of Sea Island 
across Goulds Inlet to St. Simons Island.



Sec. 80.720  St. Simons Island, GA to Amelia Island, FL.

    (a) A line drawn from St. Simons Light to the northernmost tank on 
Jekyll Island charted in approximate position latitude 31[deg]05.9[min] 
N. longitude 81[deg]24.5[min] W.
    (b) A line drawn from the southernmost tank on Jekyll Island charted 
in approximate position latitude 31[deg]01.6[min] N. longitude 
81[deg]25.2[min] W. to coordinate latitude 30[deg]59.4[min] N. longitude 
81[deg]23.7[min] W. (0.5 nautical mile east of the charted position of 
St. Andrew Sound Lighted Buoy 32); thence to the abandoned lighthouse 
tower on the north end of Little Cumberland Island charted in 
approximate position latitude 30[deg]58.5[min] N. longitude 
81[deg]24.8[min] W.
    (c) A line drawn across the seaward extremity of the St. Marys River 
Entrance Jetties.

[[Page 195]]



Sec. 80.723  Amelia Island, FL to Cape Canaveral, FL.

    (a) A line drawn from the southernmost extremity of Amelia Island to 
the northeasternmost extremity of Little Talbot Island.
    (b) A line formed by the centerline of the highway bridge from 
Little Talbot Island to Fort George Island.
    (c) A line drawn across the seaward extremity of the St. Johns River 
Entrance Jetties.
    (d) A line drawn across the seaward extremity of the St. Augustine 
Inlet Jetties.
    (e) A line formed by the centerline of the highway bridge over 
Matanzas Inlet.
    (f) A line drawn across the seaward extremity of the Ponce de Leon 
Inlet Jetties.



Sec. 80.727  Cape Canaveral, FL to Miami Beach, FL.

    (a) A line drawn across the seaward extremity of the Port Canaveral 
Entrance Channel Jetties.
    (b) A line drawn across the seaward extremity of the Sebastian Inlet 
Jetties.
    (c) A line drawn across the seaward extremity of the Fort Pierce 
Inlet Jetties.
    (d) A north-south line (longitude 80[deg]09.7[min] W.) drawn across 
St. Lucie Inlet.
    (e) A line drawn from the seaward extremity of Jupiter Inlet North 
Jetty to the northeast extremity of the concrete apron on the south side 
of Jupiter Inlet.
    (f) A line drawn across the seaward extremity of the Lake Worth 
Inlet Jetties.
    (g) A line drawn across the seaward extremity of the Boynton Inlet 
Jetties.
    (h) A line drawn from Boca Raton Inlet North Jetty Light 2 to Boca 
Raton Inlet South Jetty Light 1.
    (i) A line drawn from Hillsboro Inlet Light to Hillsboro Inlet 
Entrance Light 2; thence to Hillsboro Inlet Entrance Light 1; thence 
west to the shoreline.
    (j) A line drawn across the seaward extremity of the Port Everglades 
Entrance Jetties.
    (k) A line formed by the centerline of the highway bridge over 
Bakers Haulover Inlet.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 7786, Mar. 6, 
1986]



Sec. 80.730  Miami Harbor, FL.

    A line drawn across the seaward extremity of the Miami Harbor 
Government Cut Jetties.



Sec. 80.735  Miami, FL to Long Key, FL.

    (a) A line drawn from the southernmost extremity of Fisher Island 
212[deg] true to the point latitude 25[deg]45.0[min] N. longitude 
80[deg]08.6[min] W. on Virginia Key.
    (b) A line formed by the centerline of the highway bridge between 
Virginia Key and Key Biscayne.
    (c) A line drawn from Cape Florida Light to the northernmost 
extremity on Soldier Key.
    (d) A line drawn from the southernmost extremity on Soldier Key to 
the northernmost extremity of the Ragged Keys.
    (e) A line drawn from the Ragged Keys to the southernmost extremity 
of Angelfish Key following the general trend of the seaward shoreline.
    (f) A line drawn on the centerline of the Overseas Highway (U.S. 1) 
and bridges from latitude 25[deg]19.3[min] N. longitude 80[deg]16.0[min] 
W. at Little Angelfish Creek to the radar dome charted on Long Key at 
approximate position latitude 24[deg]49.3[min] N. longitude 
80[deg]49.2[min] W.

[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. 15, 1977. 
Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981, as amended by CGD 
84-091, 51 FR 7786, Mar. 6, 1986; 51 FR 21748, June 16, 1986; CGD 89-
068, 55 FR 31831, Aug. 6, 1990]

                     Puerto Rico and Virgin Islands

                            seventh district



Sec. 80.738  Puerto Rico and Virgin Islands.

    (a) Except inside lines specifically described in this section, the 
72 COLREGS shall apply on all other bays, harbors and lagoons of Puerto 
Rico and the U.S. Virgin Islands.
    (b) A line drawn from Puerto San Juan Light to Cabras Light across 
the entrance of San Juan Harbor.

[[Page 196]]

                               Gulf Coast

                            seventh district



Sec. 80.740  Long Key, FL to Cape Sable, FL.

    A line drawn from the microwave tower charted on Long Key at 
approximate position latitude 24[deg]48.8[min] N. longitude 
80[deg]49.6[min] W. to Long Key Light 1; thence to Arsenic Bank Light 2; 
thence to Sprigger Bank Light 5; thence to Schooner Bank Light 6; thence 
to Oxfoot Bank Light 10; thence to East Cape Light 2; thence through 
East Cape Daybeacon 1A to the shoreline at East Cape.

[CGD 84-091, 51 FR 21748, June 16, 1986]



Sec. 80.745  Cape Sable, FL to Cape Romano, FL.

    (a) A line drawn following the general trend of the mainland, 
highwater shoreline from Cape Sable at East Cape to Little Shark River 
Light 1; thence to westernmost extremity of Shark Point; thence 
following the general trend of the mainland, highwater shoreline 
crossing the entrances of Harney River, Broad Creek, Broad River, 
Rodgers River First Bay, Chatham River, Huston River, to the shoreline 
at coordinate latitude 25[deg]41.8[min] N. longitude 81[deg]17.9[min] W.
    (b) The 72 COLREGS shall apply to the waters surrounding the Ten 
Thousand Islands and the bays, creeks, inlets, and rivers between 
Chatham Bend and Marco Island except inside lines specifically described 
in this part.
    (c) A north-south line drawn at longitude 81[deg]20.2[min] W. across 
the entrance to Lopez River.
    (d) A line drawn across the entrance to Turner River parallel to the 
general trend of the shoreline.
    (e) A line formed by the centerline of Highway 92 Bridge at 
Goodland.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7786, Mar. 6, 
1986]



Sec. 80.748  Cape Romano, FL to Sanibel Island, FL.

    (a) A line drawn across Big Marco Pass parallel to the general trend 
of the seaward, highwater shoreline.
    (b) A line drawn from the northwesternmost extremity of Coconut 
Island 000[deg]T across Capri Pass.
    (c) Lines drawn across Hurricane and Little Marco Passes parallel to 
the general trend of the seaward, highwater shoreline.
    (d) A line from the seaward extremity of Gordon Pass South Jetty 
014[deg] true to the shoreline at approximate coordinate latitude 
26[deg]05.7[min] N. longitude 81[deg]48.1[min] W.
    (e) A line drawn across the seaward extremity of Doctors Pass 
Jetties.
    (f) Lines drawn across Wiggins, Big Hickory, New, and Big Carlos 
Passes parallel to the general trend of the seaward highwater shoreland.
    (g) A straight line drawn from Sanibel Island Light through Matanzas 
Pass Channel Light 2 to the shore of Estero Island.

[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. 15, 1977, as 
amended by CGD 78-052, 44 FR 69298, Dec. 3, 1979. Redesignated by CGD 
81-017, 46 FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7786, 
Mar. 6, 1986]



Sec. 80.750  Sanibel Island, FL to St. Petersburg, FL.

    (a) A line formed by the centerline of the highway bridge over Blind 
Pass, between Captiva Island and Sanibel Island, and lines drawn across 
Redfish and Captiva Passes parallel to the general trend of the seaward, 
highwater shorelines.
    (b) A line drawn from La Costa Test Pile North Light to Port Boca 
Grande Light.
    (c) Lines drawn across Gasparilla and Stump Passes parallel to the 
general trend of the seaward, highwater shorelines.
    (d) A line across the seaward extremity of Venice Inlet Jetties.
    (e) A line drawn across Midnight Pass parallel to the general trend 
of the seaward, highwater shoreline.
    (f) A line drawn from Big Sarasota Pass Light 14 to the southernmost 
extremity of Lido Key.
    (g) A line drawn across New Pass tangent to the seaward, highwater 
shoreline of Longboat Key.
    (h) A line drawn across Longboat Pass parallel to the seaward, 
highwater shoreline.

[[Page 197]]

    (i) A line drawn from the northwesternmost extremity of Bean Point 
to the southeasternmost extremity of Egmont Key.
    (j) A straight line drawn from Egmont Key Light through Egmont 
Channel Range Rear Light to the shoreline on Mullet Key.
    (k) A line drawn from the northernmost extremity of Mullet Key 
across Bunces Pass and South Channel to Pass-a-Grille Channel Light 8; 
thence to Pass-a-Grille Channel Daybeacon 9; thence to the 
southwesternmost extremity of Long Key.

[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. 15, 1977. 
Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981, as amended by CGD 
84-091, 51 FR 7787, Mar. 6, 1986; CGD 93-071, 58 FR 65668, Dec. 16, 
1993]



Sec. 80.753  St. Petersburg, FL to the Anclote, FL.

    (a) A line drawn across Blind Pass, between Treasure Island and Long 
Key, parallel with the general trend of the seaward, highwater shorline.
    (b) Lines formed by the centerline of the highway bridges over Johns 
and Clearwater Passes.
    (c) A line drawn across Dunedin and Hurricane Passes parallel with 
the general trend of the seaward, highwater shoreline.
    (d) A line drawn from the northernmost extremity of Honeymoon Island 
to Anclote Anchorage South Entrance Light 7; thence to Anclote Key 
28[deg]10.0[min] N. 82[deg]50.6[min] W; thence a straight line through 
Anclote River Cut B Range Rear Light to the shoreline.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 21748, June 16, 
1986; CGD 93-071, 58 FR 65668, Dec. 16, 1993]



Sec. 80.755  Anclote, FL to the Suncoast Keys, FL.

    (a) Except inside lines specifically described in this section, the 
72 COLREGS shall apply on the bays, bayous, creeks, marinas, and rivers 
from Anclote to the Suncoast Keys.
    (b) A north-south line drawn at longitude 82[deg]38.3[min] W. across 
the Chassahowitzka River Entrance.



Sec. 80.757  Suncoast Keys, FL to Horseshoe Point, FL.

    (a) Except inside lines specifically decribed in this section, the 
72 COLREGS shall apply on the bays, bayous, creeks, and marinas from the 
Suncoast Keys to Horseshoe Point.
    (b) A line formed by the centerline of Highway 44 Bridge over the 
Salt River.
    (c) A north-south line drawn through Crystal River Entrance 
Daybeacon 25 across the river entrance.
    (d) A north-south line drawn through the Cross Florida Barge Canal 
Daybeacon 48 across the canal.
    (e) A north-south line drawn through Withlacoochee River Daybeacon 
40 across the river.
    (f) A line drawn from the westernmost extremity of South Point north 
to the shoreline across the Waccasassa River Entrance.
    (g) A line drawn from position latitude 29[deg]16.6[min] N. 
longitude 83[deg]06.7[min] W. 300[deg] true to the shoreline of Hog 
Island.
    (h) A north-south line drawn through Suwannee River Wadley Pass 
Channel Daybeacons 30 and 31 across the Suwannee River.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986]



Sec. 80.760  Horeshoe Point, FL to Rock Island, FL.

    (a) Except inside lines specifically described provided in this 
section, the 72 COLREGS shall apply on the bays, bayous, creeks, 
marinas, and rivers from Horseshoe Point to the Rock Islands.
    (b) A north-south line drawn through Steinhatchee River Light 21.
    (c) A line drawn from Fenholloway River Approach Light FR east 
across the entrance to Fenholloway River.

                             eighth district



Sec. 80.805  Rock Island, FL to Cape San Blas, FL.

    (a) A south-north line drawn from the Econfina River Light to the 
opposite shore.
    (b) A line drawn from Gamble Point Light to the southernmost 
extremity of Cabell Point.

[[Page 198]]

    (c) A line drawn from St. Mark's (Range Rear) Light to St. Mark's 
Channel Light 11; thence to the southernmost extremity of Live Oak 
Point; thence in a straight line through Shell Point Light to the 
southernmost extremity of Ochlockonee Point; thence to Bald Point along 
longitude 84[deg]20.5[min] W.
    (d) A line drawn from the south shore of Southwest Cape at longitude 
84[deg]22.7[min] W. to Dog Island Reef East Light 1; thence to Turkey 
Point Light 2; thence to the easternmost extremity of Dog Island.
    (e) A line drawn from the westernmost extremity of Dog Island to the 
easternmost extremity of St. George Island.
    (f) A line drawn across the seaward extremity of the St. George 
Island Channel Jetties.
    (g) A line drawn from the northwesternmost extremity of Sand Island 
to West Pass Light 7.
    (h) A line drawn from the westernmost extremity of St. Vincent 
Island to the southeast, highwater shoreline of Indian Peninsula at 
Longitude 85[deg]13.5[min] W.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986]



Sec. 80.810  Cape San Blas, FL to Perdido Bay, FL.

    (a) A line drawn from St. Joseph Bay Entrance Range A Rear Light 
through St. Joseph Bay Entrance Range B Front Light to St. Joseph Point.
    (b) A line drawn across the mouth of Salt Creek as an extension of 
the general trend of the shoreline to continue across the inlet to St. 
Andrews sound in the middle of Crooked Island.
    (c) A line drawn from the northernmost extremity of Crooked Island 
000[deg] T. to the mainland.
    (d) A line drawn from the easternmost extremity of Shell Island 
120[deg] true to the shoreline across the east entrance to St. Andrews 
Bay.
    (e) A line drawn between the seaward end of the St. Andrews Bay 
Entrance Jetties.
    (f) A line drawn between the seaward end of the Choctawatchee Bay 
Entrance Jetties.
    (g) An east-west line drawn from Fort McRee Leading Light across the 
Pensacola Bay Entrance along latitude 30[deg]19.5[min] N.
    (h) A line drawn between the seaward end of the Perdido Pass 
Jetties.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986]



Sec. 80.815  Mobile Bay, AL to the Chandeleur Islands, LA.

    (a) A line drawn across the inlets to Little Lagoon as an extension 
of the general trend of the shoreline.
    (b) A line drawn from Mobile Point Light to Dauphin Island Channel 
Light No. 1 to the eastern corner of Fort Gaines at Pelican Point.
    (c) A line drawn from the western-most extremity of Dauphin Island 
to the easternmost extremity of Petit Bois Island.
    (d) A line drawn from Horn Island Pass Entrance Range Front Light on 
Petit Bois Island to the easternmost extremity of Horn Island.
    (e) An east-west line (latitude 30[deg]14.7[min] N.) drawn between 
the westernmost extremity of Horn Island to the easternmost extremity of 
Ship Island.
    (f) A curved line drawn following the general trend of the seaward, 
highwater shoreline of Ship Island.
    (g) A line drawn from the Ship Island Light to Chandeleur Light; 
thence in a curved line following the general trend of the seaward, 
highwater shorelines of the Chandeleur Islands to the island at latitude 
29[deg]44.1[min] N., longitude 88[deg]53.0[min] W.; thence to latitude 
29[deg]26.5[min] N., longitude 88[deg]55.6[min] W.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986; CGD 89-068, 55 FR 31831, Aug. 6, 1990; 55 FR 33577, Aug. 14, 1990]



Sec. 80.825  Mississippi Passes, LA.

    (a) A line drawn from latitude 29[deg]26.5[min] N., longitude 
88[deg]55.6[min] W. to latitude 29[deg]10.6[min] N., longitude 
88[deg]59.8[min] W.; thence to latitude 29[deg]03.5[min] N., longitude 
89[deg]03.7[min] W.; thence to latitude 28[deg]58.8[min] N., longitude 
89[deg]04.3[min] W.
    (b) A line drawn from latitude 28[deg]58.8[min] N., longitude 
89[deg]04.3[min] W.; to latitude 28[deg]57.3[min] N., longitude 
89[deg]05.3[min] W.; thence

[[Page 199]]

to latitude 28[deg]56.95[min] N., longitude 89[deg]05.6[min] W.; thence 
to latitude 29[deg]00.4[min] N., longitude 89[deg]09.8[min] W.; thence 
following the general trend of the seaward highwater shoreline in a 
northwesterly direction to latitude 29[deg]03.4[min] N., longitude 
89[deg]13.0[min] W.; thence west to latitude 29[deg]03.5[min] N., 
longitude 89[deg]15.5[min] W.; thence following the general trend of the 
seaward highwater shoreline in a southwesterly direction to latitude 
28[deg]57.7[min] N., longitude 89[deg]22.3[min] W.
    (c) A line drawn from latitude 28[deg]57.7[min] N., longitude 
89[deg]22.3[min] W.; to latitude 28[deg]51.4[min] N., longitude 
89[deg]24.5[min] W.; thence to latitude 28[deg]52.65[min] N., longitude 
89[deg]27.1[min] W.; thence to the seaward extremity of the Southwest 
Pass West Jetty located at latitude 28[deg]54.5[min] N., longitude 
89[deg]26.1[min] W.
    (d) A line drawn from Mississippi River South Pass East Jetty Light 
4 to Mississippi River South Pass West Jetty Light; thence following the 
general trend of the seaward highwater shoreline in a northwesterly 
direction to coordinate latitude 29[deg]03.4[min] N. longitude 
89[deg]13.0[min] W.; thence west to coordinate latitude 29[deg]03.5[min] 
N., longitude 89[deg]15.5[min] W., thence following the general trend of 
the seaward, highwater shoreline in a southwesterly direction to 
Mississippi River Southwest Pass Entrance Light.
    (e) A line drawn from Mississippi River Southwest Pass Entrance 
Light; thence to the seaward extremity of the Southwest Pass West Jetty 
located at coordinate latitude 28[deg]54.5[min] N. longitude 
89[deg]26.1[min] W.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986; CGD 89-068, 55 FR 31831, Aug. 6, 1990]



Sec. 80.830  Mississippi Passes, LA to Point Au Fer, LA.

    (a) A line drawn from the seaward extremity of the Southwest Pass 
West Jetty located at coordinate latitude 28[deg]54.5[min] N. longitude 
89[deg]26.1[min] W.; thence following the general trend of the seaward, 
highwater jetty and shoreline in a north, northeasterly direction to Old 
Tower latitude 28[deg]58.8[min] N. longitude 89[deg]23.3[min] W.; thence 
to West Bay light; thence to coordinate latitude 29[deg]05.2[min] N. 
longitude 89[deg]24.3[min] W.; thence a curved line following the 
general trend of the highwater shoreline to Point Au Fer Island except 
as otherwise described in this section.
    (b) A line drawn across the seaward extremity of the Empire Waterway 
(Bayou Fontanelle) entrance jetties.
    (c) An east-west line drawn from the westernmost extremity of Grand 
Terre Islands in the direction of 194[deg] true to the Grand Isle 
Fishing Jetty Light.
    (d) A line drawn between the seaward extremity of the Belle Pass 
Jetties.
    (e) A line drawn from the westernmost extremity of the Timbalier 
Island to the easternmost extremity of Isles Dernieres.
    (f) A south-north line drawn from Caillou Bay Light 13 across 
Caillou Boca.
    (g) A line drawn 107[deg] true from Caillou Bay Boat Landing Light 
across the entrances to Grand Bayou du Large and Bayou Grand Caillou.
    (h) A line drawn on an axis of 103[deg] true through Taylors Bayou 
Entrance Light 2 across the entrances to Jack Stout Bayou, Taylors 
Bayou, Pelican Pass, and Bayou de West.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986]



Sec. 80.835  Point Au Fer, LA to Calcasieu Pass, LA.

    (a) A line drawn from Point Au Fer to Atchafalaya Channel Light 34, 
to Point Au Fer Reef Light 33; thence to Atchafalaya Bay Pipeline Light 
D latitude 29[deg]25.0[min] N. longitude 91[deg]31.7[min] W.; thence to 
Atchafalaya Bay Light 1 latitude 29[deg]25.3[min] N. longitude 
91[deg]35.8[min] W.; thence to South Point.
    (b) Lines following the general trend of the highwater shoreline 
drawn across the bayou and canal inlets from the Gulf of Mexico between 
South Point and Calcasieu Pass except as otherwise described in this 
section.
    (c) A line drawn on an axis of 140[deg] true through Southwest Pass 
Vermillion Bay Light 4 across Southwest Pass.
    (d) A line drawn across the seaward extremity of the Freshwater 
Bayou Canal Entrance Jetties.
    (e) A line drawn from Mermentau Channel East Jetty Light 6 to

[[Page 200]]

Mermentau Channel West Jetty Light 7.
    (f) A line drawn from the radio tower charted in approximate 
position latitude 29[deg]45.7[min] N. longitude 93[deg]06.3[min] W. 
115[deg] true across Mermentau Pass.
    (g) A line drawn across the seaward extremity of the Calcasieu Pass 
Jetties.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986]



Sec. 80.840  Sabine Pass, TX to Galveston, TX.

    (a) A line drawn from the Sabine Pass East Jetty Light to the 
seaward end of the Sabine Pass West Jetty.
    (b) Lines drawn across the small boat passes through the Sabine Pass 
East and West Jetties.
    (c) A line formed by the centerline of the highway bridge over 
Rollover Pass at Gilchrist.



Sec. 80.845  Galveston, TX to Freeport, TX.

    (a) A line drawn from Galveston North Jetty Light 6A to Galveston 
South Jetty Light 5A.
    (b) A line formed by the centerline of the highway bridge over San 
Luis Pass.
    (c) Lines formed by the centerlines of the highway bridges over the 
inlets to Christmas Bay (Cedar Cut) and Drum Bay.
    (d) A line drawn from the seaward extremity of the Freeport North 
Jetty to Freeport Entrance Light 6; thence Freeport Entrance Light 7; 
thence the seaward extremity of Freeport South Jetty.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986]



Sec. 80.850  Brazos River, TX to the Rio Grande, TX.

    (a) Except as otherwise described in this section lines drawn 
continuing the general trend of the seaward, highwater shorelines across 
the inlets to Brazos River Diversion Channel, San Bernard River, Cedar 
Lakes, Brown Cedar Cut, Colorado River, Matagorda Bay, Cedar Bayou, 
Corpus Christi Bay, and Laguna Madre.
    (b) A line drawn across the seaward extremity of Matagorda Ship 
Channel North Jetties.
    (c) A line drawn from the seaward tangent of Matagorda Peninsula at 
Decros Point to Matagorda Light.
    (d) A line drawn across the seaward extremity of the Aransas Pass 
Jetties.
    (e) A line drawn across the seaward extremity of the Port Mansfield 
Entrance Jetties.
    (f) A line drawn across the seaward extremity of the Brazos Santiago 
Pass Jetties.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986]

                              Pacific Coast

                            eleventh district



Sec. 80.1102  Santa Catalina Island, CA.

    The 72 COLREGS shall apply to the harbors on Santa Catalina Island.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1104  San Diego Harbor, CA.

    A line drawn from Zuniga Jetty Light ``V'' to Zuniga Jetty Light 
``Z''; thence to Point Loma Light.

[CGD 84-091, 51 FR 7787, Mar. 6, 1986. Redesignated by CGD 87-008b, 52 
FR 25218, July 6, 1987]



Sec. 80.1106  Mission Bay, CA.

    A line drawn from Mission Bay South Jetty Light 2 to Mission Bay 
North Jetty Light 1.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1108  Oceanside Harbor, CA.

    A line drawn from Oceanside South Jetty Light 4 to Oceanside 
Breakwater Light 3.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]

[[Page 201]]



Sec. 80.1110  Dana Point Harbor, CA.

    A line drawn from Dana Point Jetty Light 6 to Dana Point Breakwater 
Light 5.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1112  Newport Bay, CA.

    A line drawn from Newport Bay East Jetty Light 4 to Newport Bay West 
Jetty Light 3.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1114  San Pedro Bay--Anaheim Bay, CA.

    (a) A line drawn across the seaward extremities of the Anaheim Bay 
Entrance Jetties; thence to Long Beach Breakwater East End Light 1.
    (b) A line drawn from Long Beach Channel Entrance Light 2 to Long 
Beach Light.
    (c) A line drawn from Los Angeles Main Entrance Channel Light 2 to 
Los Angeles Light.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986. Further redesignated by CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1116  Redondo Harbor, CA.

    A line drawn from Redondo Beach East Jetty Light 2 to Redondo Beach 
West Jetty Light 3.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1118  Marina Del Rey, CA.

    (a) A line drawn from Marina Del Rey Breakwater South Light 1 to 
Marina Del Rey Light 4.
    (b) A line drawn from Marina Del Rey Breakwater North Light 2 to 
Marina Del Rey Light 3.
    (c) A line drawn from Marina Del Rey Light 4 to the seaward 
extremity of the Ballona Creek South Jetty.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1120  Port Hueneme, CA.

    (a) A line drawn from Port Hueneme East Jetty Light 4 to Port 
Hueneme West Jetty Light 3.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1122  Channel Islands Harbor, CA.

    (a) A line drawn from Channel Islands Harbor South Jetty Light 2 to 
Channel Islands Harbor Breakwater South Light 1.
    (b) A line drawn from Channel Islands Harbor Breakwater North Light 
to Channel Islands Harbor North Jetty Light 5.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1124  Ventura Marina, CA.

    A line drawn from Ventura Marina South Jetty Light 6 to Ventura 
Marina Breakwater South Light 3; thence to Ventura Marina North Jetty 
Light 7.

[CGD 84-091, 51 FR 7787, Mar. 6, 1986. Redesignated by CGD 87-008b, 52 
FR 25218, July 6, 1987]



Sec. 80.1126  Santa Barbara Harbor, CA.

    A line drawn from Santa Barbara Harbor Light 4 to Santa Barbara 
Harbor Breakwater Light.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1130  San Luis Obispo Bay, CA.

    A line drawn from the southernmost extremity of Fossil Point to the 
seaward extremity of Whaler Island Breakwater.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]

[[Page 202]]



Sec. 80.1132  Estero-Morro Bay, CA.

    A line drawn from the seaward extremity of the Morro Bay East 
Breakwater to the Morro Bay West Breakwater Light.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1134  Monterey Harbor, CA.

    A line drawn from Monterey Harbor Light 6 to the northern extremity 
of Monterey Municipal Wharf 2.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1136  Moss Landing Harbor, CA.

    A line drawn from the seaward extremity of the pier located 0.3 mile 
south of Moss Landing Harbor Entrance to the seaward extremity of the 
Moss Landing Harbor North Breakwater.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1138  Santa Cruz Harbor, CA.

    A line drawn from the seaward extremity of the Santa Cruz Harbor 
East Breakwater to Santa Cruz Harbor West Breakwater Light; thence to 
Santa Cruz Light.

[CGD 84-091, 51 FR 21748, June 16, 1986. Redesignated by CGD 87-008b, 52 
FR 25218, July 6, 1987]



Sec. 80.1140  Pillar Point Harbor, CA.

    A line drawn from Pillar Point Harbor Light 6 to Pillar Point Harbor 
Entrance Light.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986. Redesignated by CGD 87-008b, 52 
FR 25218, July 6, 1987]



Sec. 80.1142  San Francisco Harbor, CA.

    A straight line drawn from Point Bonita Light through Mile Rocks 
Light to the shore.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1144  Bodega and Tomales Bay, CA.

    (a) An east-west line drawn from Sand Point to Avalis Beach.
    (b) A line drawn from the seaward extremity of Bodega Harbor North 
Breakwater to Bodega Harbor Entrance Light 1.

[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. 15, 1977. 
Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981, and CGD 87-008b, 
52 FR 25218, July 6, 1987]



Sec. 80.1146  Albion River, CA.

    A line drawn on an axis of 030[deg] true through Albion River Light 
1 across Albion Cove.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1148  Noyo River, CA.

    A line drawn from Noyo River Entrance Daybeacon 4 to Noyo River 
Entrance Light 5.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1150  Arcata-Humboldt Bay, CA.

    A line drawn from Humboldt Bay Entrance Light 4 to Humboldt Bay 
Entrance Light 3.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1152  Crescent City Harbor, CA.

    A line drawn from Crescent City Entrance Light to the 
southeasternmost extremity of Whaler Island.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986. Redesignated by CGD 87-008b, 52 
FR 25218, July 6, 1987]

                           thirteenth district



Sec. 80.1305  Chetco River, OR.

    A line drawn across the seaward extremities of the Chetco River 
Entrance Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]

[[Page 203]]



Sec. 80.1310  Rogue River, OR.

    A line drawn across the seaward extremities of the Rogue River 
Entrance Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]



Sec. 80.1315  Coquille River, OR.

    A line drawn across the seaward extremities of the Coquille River 
Entrance Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]



Sec. 80.1320  Coos Bay, OR.

    A line drawn across the seaward extremities of the Coos Bay Entrance 
Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]



Sec. 80.1325  Umpqua River, OR.

    A line drawn across the seaward extremities of the Umpqua River 
Entrance Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]



Sec. 80.1330  Siuslaw River, OR.

    A line drawn across the seaward extremities of the Siuslaw River 
Entrance Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]



Sec. 80.1335  Alsea Bay, OR.

    A line drawn from the seaward shoreline on the north of the Alsea 
Bay Entrance 165[deg] true across the channel entrance.



Sec. 80.1340  Yaquina Bay, OR.

    A line drawn across the seaward extremities of the Yaquina Bay 
Entrance Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]



Sec. 80.1345  Depoe Bay, OR.

    A line drawn across the Depoe Bay Channel entrance parallel with the 
general trend of the highwater shoreline.



Sec. 80.1350  Netarts Bay, OR.

    A line drawn from the northernmost extremity of the shore on the 
south side of Netarts Bay north to the opposite shoreline.



Sec. 80.1355  Tillamook Bay, OR.

    A line drawn across the seaward extremities of the Tillamook Bay 
Entrance Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]



Sec. 80.1360  Nehalem River, OR.

    A line drawn approximately parallel with the general trend of the 
highwater shoreline across the Nehalem River Entrance.



Sec. 80.1365  Columbia River Entrance, OR/WA.

    A line drawn from the seaward extremity of the Columbia River North 
Jetty (above water) 155[deg] true to the seaward extremity of the 
Columbia River South Jetty (above water).



Sec. 80.1370  Willapa Bay, WA.

    A line drawn from Willapa Bay Light 169.8[deg] true to the 
westernmost tripod charted 1.6 miles south of Leadbetter Point.

[CGD 89-068, 55 FR 31831, Aug. 6, 1990]



Sec. 80.1375  Grays Harbor, WA.

    A line drawn across the seaward extremities (above water) of the 
Grays Harbor Entrance Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]



Sec. 80.1380  Quillayute River, WA.

    A line drawn from the seaward extremity of the Quillayute River 
Entrance East Jetty to the overhead power cable tower charted on James 
Island; thence a straight line through Quillayute River Entrance Light 3 
to the shoreline.



Sec. 80.1385  Strait of Juan de Fuca.

    The 72 COLREGS shall apply on all waters of the Strait of Juan de 
Fuca.

[CGD 81-087, 46 FR 61457, Dec. 17, 1981; 47 FR 3351, Jan. 25, 1982, and 
49 FR 3177, Jan. 26, 1984]

[[Page 204]]



Sec. 80.1390  Haro Strait and Strait of Georgia.

    The 72 COLREGS shall apply on all waters of the Haro Strait and the 
Strait of Georgia.

[CGD 81-087, 46 FR 61457, Dec. 17, 1981; 47 FR 3351, Jan. 25, 1982, and 
49 FR 3177, Jan. 26, 1984]



Sec. 80.1395  Puget Sound and adjacent waters.

    The 72 COLREGS shall apply on all waters of Puget Sound and adjacent 
waters, including Lake Union, Lake Washington, Hood Canal, and all 
tributaries.

[CGD 81-087, 46 FR 61457, Dec. 17, 1981; 47 FR 3351, Jan. 25, 1982, and 
49 FR 3177, Jan. 26, 1984]

                             Pacific Islands

                           fourteenth district



Sec. 80.1410  Hawaiian Island Exemption from General Rule.

    Except as provided elsewhere in this part for Mamala Bay and Kaneohe 
Bay on Oahu; Port Allen and Nawiliwili Bay on Kauai; Kahului Harbor on 
Maui; and Kawailae and Hilo Harbors on Hawaii, the 72 COLREGS shall 
apply on all other bays, harbors, and lagoons of the Hawaiian Island 
(including Midway).



Sec. 80.1420  Mamala Bay, Oahu, HI.

    A line drawn from Barbers Point Light to Diamond Head Light.



Sec. 80.1430  Kaneohe Bay, Oahu, HI.

    A straight line drawn from Pyramid Rock Light across Kaneohe Bay 
through the center of Mokolii Island to the shoreline.



Sec. 80.1440  Port Allen, Kauai, HI.

    A line drawn from Hanapepe Light to Hanapepe Bay Breakwater Light.

[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. 15, 1977. 
Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981]



Sec. 80.1450  Nawiliwili Harbor, Kauai, HI.

    A line drawn from Nawiliwili Harbor Breakwater Light to Kukii Point 
Light.



Sec. 80.1460  Kahului Harbor, Maui, HI.

    A line drawn from Kahului Harbor Entrance East Breakwater Light to 
Kahului Harbor Entrance West Breakwater Light.

[CGD 89-068, 55 FR 31832, Aug. 6, 1990]



Sec. 80.1470  Kawaihae Harbor, Hawaii, HI.

    A line drawn from Kawaihae Light to the seaward extremity of the 
Kawaihae South Breakwater.



Sec. 80.1480  Hilo Harbor, Hawaii, HI.

    A line drawn from the seaward extremity of the Hilo Breakwater 
265[deg] true (as an extension of the seaward side of the breakwater) to 
the shoreline 0.2 nautical mile north of Alealea Point.



Sec. 80.1490  Apra Harbor, U.S. Territory of Guam.

    A line drawn from the westernmost extremity of Orote Island to the 
westernmost extremity of Glass Breakwater.



Sec. 80.1495  U.S. Pacific Island Possessions.

    The 72 COLREGS shall apply on the bays, harbors, lagoons, and waters 
surrounding the U.S. Pacific Island Possessions of American Samoa, 
Baker, Howland, Jarvis, Johnson, Palmyra, Swains and Wake Islands.

[CGD 94-011, 63 FR 5731, Feb. 4, 1998]

                                 Alaska

                          seventeenth district



Sec. 80.1705  Alaska.

    The 72 COLREGS shall apply on all the sounds, bays, harbors, and 
inlets of Alaska.

[CGD 79-036, 44 FR 22458, Apr. 16, 1979. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981]



PART 81_72 COLREGS: IMPLEMENTING RULES--Table of Contents




Sec.
81.1 Definitions.
81.3 General.

[[Page 205]]

                         Alternative Compliance

81.5 Application for a Certificate of Alternative Compliance.
81.9 Certificate of Alternative Compliance: Contents.
81.17 Certificate of Alternative Compliance: Termination.
81.18 Notice and record of certification of vessels of special 
          construction or purpose.

                               Exemptions

81.20 Lights and sound signal appliances.

    Authority: 33 U.S.C. 1607; E.O. 11964; 49 CFR 1.46.

    Source: CGD 76-130, 42 FR 17111, Mar. 31, 1977, unless otherwise 
noted. Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981.



Sec. 81.1  Definitions.

    As used in this part:
    72 COLREGS refers to the International Regulations for Preventing 
Collisions at Sea, 1972, done at London, October 20, 1972, as rectified 
by the Proces-Verbal of December 1, 1973, as amended.
    A vessel of special construction or purpose means a vessel designed 
or modified to perform a special function and whose arrangement is 
thereby made relatively inflexible.
    Interference with the special function of the vessel occurs when 
installation or use of lights, shapes, or sound-signaling appliances 
under 72 COLREGS prevents or significantly hinders the operation in 
which the vessel is usually engaged.

[CGD 77-136, 47 FR 13799, Apr. 1, 1982]



Sec. 81.3  General.

    Vessels of special construction or purpose which cannot fully comply 
with the light, shape, and sound signal provisions of 72 COLREGS without 
interfering with their special function may instead meet alternative 
requirements. The Chief of the Marine Safety Division in each Coast 
Guard District Office makes this determination and requires that 
alternative compliance be as close as possible with the 72 COLREGS. 
These regulations set out the procedure by which a vessel may be 
certified for alternative compliance. The information collection and 
recordkeeping requirements in Sec. Sec. 81.5 and 81.18 have been 
approved by the Office of Management and Budget under OMB control No. 
2115-0073.

[CGD 77-136, 47 FR 13799, Apr. 1, 1982]

                         Alternative Compliance



Sec. 81.5  Application for a Certificate of Alternative Compliance.

    (a) The owner, builder, operator, or agent of a vessel of special 
construction or purpose who believes the vessel cannot fully comply with 
the 72 COLREGS light, shape, or sound signal provisions without 
interference with its special function may apply for a determination 
that alternative compliance is justified. The application must be in 
writing, submitted to the Chief of the Marine Safety Division of the 
Coast Guard District in which the vessel is being built or operated, and 
include the following information:
    (1) The name, address, and telephone number of the applicant.
    (2) The identification of the vessel by its:
    (i) Official number;
    (ii) Shipyard hull number;
    (iii) Hull identification number; or
    (iv) State number, if the vessel does not have an official number or 
hull identification number.
    (3) Vessel name and home port, if known.
    (4) A description of the vessel's area of operation.
    (5) A description of the provision for which the Certificate of 
Alternative Compliance is sought, including:
    (i) The 72 COLREGS Rule or Annex section number for which the 
Certificate of Alternative Compliance is sought;
    (ii) A description of the special function of the vessel that would 
be interfered with by full compliance with the provision of that Rule or 
Annex section; and
    (iii) A statement of how full compliance would interfere with the 
special function of the vessel.
    (6) A description of the alternative installation that is in closest 
possible compliance with the applicable 72 COLREGS Rule or Annex 
section.
    (7) A copy of the vessel's plans or an accurate scale drawing that 
clearly shows:

[[Page 206]]

    (i) The required installation of the equipment under the 72 COLREGS,
    (ii) The proposed installation of the equipment for which 
certification is being sought, and
    (iii) Any obstructions that may interfere with the equipment when 
installed in:
    (A) The required location; and
    (B) The proposed location.
    (b) The Coast Guard may request from the applicant additional 
information concerning the application.

(Approved by the Office of Management and Budget under control number 
2115-0073)

[CGD 77-136, 47 FR 13799, Apr. 1, 1982]



Sec. 81.9  Certificate of Alternative Compliance: Contents.

    The Chief of the Marine Safety Division issues the Certificate of 
Alternative Compliance to the vessel based on a determination that it 
cannot comply fully with 72 COLREGS light, shape, and sound signal 
provisions without interference with its special function. This 
Certificate includes--
    (a) Identification of the vessel as supplied in the application 
under Sec. 81.5(a)(2);
    (b) The provision of the 72 COLREGS for which the Certificate 
authorizes alternative compliance;
    (c) A certification that the vessel is unable to comply fully with 
the 72 COLREGS lights, shape, and sound signal requirements without 
interference with its special function;
    (d) A statement of why full compliance would interfere with the 
special function of the vessel;
    (e) The required alternative installation;
    (f) A statement that the required alternative installation is in the 
closest possible compliance with the 72 COLREGS without interfering with 
the special function of the vessel;
    (g) The date of issuance;
    (h) A statement that the Certificate of Alternative Compliance 
terminates when the vessel ceases to be usually engaged in the operation 
for which the certificate is issued.

[CGD 77-136, 47 FR 13800, Apr. 1, 1982]



Sec. 81.17  Certificate of Alternative Compliance: Termination.

    The Certificate of Alternative Compliance terminates if the 
information supplied under Sec. 81.5(a) or the Certificate issued under 
Sec. 81.9 is no longer applicable to the vessel.

[CGD 77-136, 47 FR 13800, Apr. 1, 1982]



Sec. 81.18  Notice and record of certification of vessels of special 
construction or purpose.

    (a) In accordance with 33 U.S.C. 1605(c), a notice is published in 
the Federal Register of the following:
    (1) Each Certificate of Alternative Compliance issued under Sec. 
81.9; and
    (2) Each Coast Guard vessel determined by the Commandant to be a 
vessel of special construction or purpose.
    (b) Copies of Certificate of Alternative Compliance and 
documentation concerning Coast Guard vessels are available for 
inspection at Marine Safety, Security and Environmental Protection, U.S. 
Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-
0001.
    (c) The owner or operator of a vessel issued a Certificate shall 
ensure that the vessel does not operate unless the Certificate of 
Alternative Compliance or a certified copy of that Certificate is on 
board the vessel and available for inspection by Coast Guard personnel.

(Approved by the Office of Management and Budget under control number 
2115-0073)

[CGD 77-136, 47 FR 13800, Apr. 1, 1982, as amended by CGD 88-052, 53 FR 
25119, July 1, 1988; CGD 96-026, 61 FR 33663, June 28, 1996; CGD 78-82, 
43 FR 54186, Nov. 20, 1978]

                               Exemptions



Sec. 81.20  Lights and sound signal appliances.

    Each vessel under the 72 COLREGS, except the vessels of the Navy, is 
exempt from the requirements of the 72 COLREGS to the limitation for the 
period of time stated in Rule 38 (a), (b), (c), (d), (e), (f), and (g) 
if:
    (a) Her keel is laid or is at a corresponding stage of construction 
before July 15, 1977; and
    (b) She meets the International Regulations for Preventing 
Collisions at

[[Page 207]]

Sea, 1960 (77 Stat. 194, 33 U.S.C. 1051-1094).

[CGD 76-133, 42 FR 35792, July 11, 1977. Redesignated at CGD 81-017, 46 
FR 28154, May 26, 1981]



PART 82_72 COLREGS: INTERPRETATIVE RULES--Table of Contents




Sec.
82.1 Purpose.
82.3 Pushing vessel and vessel being pushed: Composite unit.
82.5 Lights for moored vessels.
82.7 Sidelights for unmanned barges.

    Authority: 14 U.S.C. 2, 633; 33 U.S.C. 1602; E.O. 11964, 42 FR 4327, 
3 CFR, 1977 Comp., p. 88; 49 CFR 1.46(n).



Sec. 82.1  Purpose.

    This part contains the interpretative rules concerning the 72 
COLREGS that are adopted by the Coast Guard for the guidance of the 
public.

[CGD 76-133, 42 FR 35792, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981]



Sec. 82.3  Pushing vessel and vessel being pushed: Composite unit.

    Rule 24(b) of the 72 COLREGS states that when a pushing vessel and a 
vessel being pushed ahead are rigidly connected in a composite unit, 
they are regarded as a power-driven vessel and must exhibit the lights 
under Rule 23. A ``composite unit'' is interpreted to be a pushing 
vessel that is rigidly connected by mechanical means to a vessel being 
pushed so they react to sea and swell as one vessel. ``Mechanical 
means'' does not include the following:
    (a) Lines.
    (b) Hawsers.
    (c) Wires.
    (d) Chains.

[CGD 76-133, 42 FR 35792, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981]



Sec. 82.5  Lights for moored vessels.

    For the purposes of Rule 30 of the 72 COLREGS, a vessel at anchor 
includes a barge made fast to one or more mooring buoys or other similar 
device attached to the sea or river floor. Such a barge may be lighted 
as a vessel at anchor in accordance with Rule 30, or may be lighted on 
the corners in accordance with 33 CFR 88.13.

[CGD 94-011, 63 FR 5731, Feb. 4, 1998]



Sec. 82.7  Sidelights for unmanned barges.

    An unmanned barge being towed may use the exception of COLREGS Rule 
24(h). However, this exception only applies to the vertical sector 
requirements.

[CGD 94-011, 63 FR 5731, Feb. 4, 1998]

[[Page 209]]

                                  INDEX

                 SUBCHAPTER D_INTERNATIONAL NAVIGATION RULES

  Editorial Note: This listing is provided for informational purposes 
only. It is compiled and kept up-to-date by the Coast Guard, Department 
of Homeland Security, and is revised through July 1, 2006.

                                                                 Section

                                 A

Alaska...........................................................80.1705
Albion River, CA.................................................80.1146
Alsea Bay, OR....................................................80.1335
Alternative Compliance..............................................81.5
Amelia Island, FL to Cape Canaveral, FL...........................80.723
Anclote, FL to the Suncoast Keys, FL..............................80.755
Application for a Certificate of Alternative Compliance.............81.5
Apra Harbor, U.S. Territory of Guam..............................80.1490
Arcato-Humboldt Bay, CA..........................................80.1150
Atlantic Coast....................................................80.105

                                 B

Block Island, RI..................................................80.150
Bodega and Tomales Bay, CA.......................................80.1144
Boston Harbor entrance............................................80.130
Brazos River, TX to the Rio Grande, TX............................80.850

                                 C

Calais, ME to Cape Small, ME......................................80.105
Cape Ann, ME to Marblehead Neck, ME...............................80.120
Cape Canaveral, FL to Miami Beach, FL.............................80.727
Cape Fear, NC to New River Inlet, NC..............................80.530
Cape Hatteras, NC to Cape Lookout, NC.............................80.520
Cape Henlopen, DL to Cape Charles, VA.............................80.505
Cape Henry, VA to Cape Hatteras, NC...............................80.515
Cape Lookout, NC to Cape Fear, NC.................................80.525
Cape Romain, SC to Sullivans Island, SC...........................80.707
Cape Romano, FL to Sanibel Island, FL.............................80.748
Cape Sable, FL to Cape Romano, FL.................................80.745
Cape San Blas, FL to Perdido Bay, FL..............................80.810
Casco Bay, ME.....................................................80.110
Certificate of Alternative Compliance: Contents.....................81.9
Certificate of Alternative Compliance: Termination.................81.17
Channel Islands Harbor, CA.......................................80.1122
Charleston, SC....................................................80.710
Chesapeake Bay Entrance, VA.......................................80.510
Chetco River, OR.................................................80.1305
COLREGS Demarcation Lines........................................Part 80
Columbia River Entrance, OR/WA...................................80.1365
Coos Bay, OR.....................................................80.1320

[[Page 210]]

Coquille River, OR...............................................80.1315
Crescent City, Harbor, CA........................................80.1152

                                 D

Dana Point Harbor, CA............................................80.1110
Definitions.........................................................81.1
Delaware Bay......................................................80.503
Depoe Bay, OR....................................................80.1345

                                 E

Eighth Coast Guard District.......................................80.805
Eleventh Coast Guard District....................................80.1102
Estero Bay-Morro Bay, CA.........................................80.1132

                                 F

Fifth Coast Guard District........................................80.501
First Coast Guard District........................................80.105
Fourteenth Coast Guard District..................................80.1410

                                 G

Galveston, TX to Freeport, TX.....................................80.845
General basis and purpose of demarcation lines.....................80.01
General, 72 COLREGS Implementation..................................81.3
Grays harbor, WA.................................................80.1375
Gulf Coast........................................................80.740

                                 H

Haro Strait and Strait of Georgia................................80.1390
Hawaiian Island Exemption from General Rule......................80.1410
Hilo Harbor, Hawaii, HI..........................................80.1480
Horseshoe Point, FL to Rock Island, FL............................80.760
Hull, MA to Race Point, MA........................................80.135

                                 I

Implementing Rules, 72 COLREGS...................................Part 81
Interpretative Rules, 72 COLREGS.................................Part 82

                                 K

Kahului Harbor, Maui, HI.........................................80.1460
Kaneohe Bay, Oahu, HI............................................80.1430
Kawaihae Harbor, Hawaii, HI......................................80.1470

                                 L

Lights and sound signal exemptions.................................81.20
Little River inlet, SC to Cape Romain, SC.........................80.703
Long Key, FL to Cape Sable, FL....................................80.740

                                 M

Mamala Bay, Oahu, HI.............................................80.1420
Marblehead Neck, MA to Nahant, MA.................................80.125
Marina Del Rey, CA...............................................80.1118
Miami Harbor, FL..................................................80.730
Miami, FL to Long Key, FL.........................................80.735

[[Page 211]]

Mission Bay, CA..................................................80.1106
Mississippi Passes, LA to Point Au Fer, LA........................80.830
Mississippi Passes, LA............................................80.825
Mobile Bay, AL to Chandeleur Islands, LA..........................80.815
Montauk Point, NY to Atlantic Beach, NY...........................80.160
Monterey Harbor, CA..............................................80.1134
Morris Island, SC to Hilton Head Island, SC.......................80.712
Moss Landing Harbor, CA..........................................80.1136

                                 N

Nehalem River, OR................................................80.1360
Netarts Bay, OR..................................................80.1350
New York Harbor...................................................80.165
Newport Bay, CA..................................................80.1112
Notice and record of certification of vessels of Noyo River, CA 
                                                                 80.1148

                                 O

Oceanside Harbor, CA.............................................80.1108

                                 P

Pacific Coast....................................................80.1102
Pillar Point Harbor, CA..........................................80.1140
Point Au Fer, LA to Calcasieu Pass, LA............................80.835
Port Allen, Kauai, HI............................................80.1440
Port Hueneme, CA.................................................80.1120
Portland Head, ME to Cape Ann, ME.................................80.115
Puerto Rico and Virgin Islands....................................80.738
Puget Sound and adjacent waters..................................80.1395
Purpose.............................................................82.1
Pushing vessel and vessel being pushed: Composite unit..............82.3

                                 Q

Quillayute River, WA.............................................80.1380

                                 R

Race Point, MA to Watch Hill, RI..................................80.145
Redondo Harbor, CA...............................................80.1116
Rock Island, FL to Cape San Blas, FL..............................80.805
Rogue River, OR..................................................80.1310

                                 S

Sabine Pass, TX to Galveston, TX..................................80.840
San Diego Harbor, CA.............................................80.1104
San Francisco Harbor, CA.........................................80.1142
San Luis Obispo Bay, CA..........................................80.1130
San Pedro Bay-Anaheim Bay, CA....................................80.1114
Sandy Hook, NJ to Tom's River, NJ.................................80.170
Sanibel Island, FL to St. Petersburg, FL..........................80.750
Santa Barbara Harbor, CA.........................................80.1126
Santa Catalina Island, CA........................................80.1102
Santa Cruz Harbor, CA............................................80.1138
Savannah River....................................................80.715
Seventeenth Coast Guard District.................................80.1705
Seventh Coast Guard District..............................80.703, 80.740

[[Page 212]]

Siuslaw River, OR................................................80.1330
Special construction or purpose....................................81.18
St. Petersburg, FL to Anclote, FL.................................80.753
St. Simons Island, GA to Amelia Island, FL........................80.720
Strait of Juan De Fuca...........................................80.1385
Suncoast Keys, FL to Horseshoe Point, FL..........................80.757

                                 T

Thirteenth Coast Guard District..................................80.1305
Tillamook Bay, OR................................................80.1355
Tom's River, NJ to Cape May, NJ...................................80.501
Tybee Island, GA to St. Simons Island, GA.........................80.717

                                 U

U.S. Pacific Island possessions..................................80.1495
Umpqua River, OR.................................................80.1325

                                 V

Ventura Marina, CA...............................................80.1124

                                 W

Watch Hill, RI to Montauk Point, NY...............................80.155
Willapa Bay, WA..................................................80.1370

                                 Y

Yaquina Bay, OR..................................................80.1340

[[Page 213]]



                  SUBCHAPTER E_INLAND NAVIGATION RULES





PART 84_ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES
--Table of Contents




Sec.
84.01 Definitions.
84.03 Vertical positioning and spacing of lights.
84.05 Horizontal positioning and spacing of lights.
84.07 Details of location of direction-indicating lights for fishing 
          vessels, dredgers and vessels engaged in underwater 
          operations.
84.09 Screens.
84.11 Shapes.
84.13 Color specification of lights.
84.15 Intensity of lights.
84.17 Horizontal sectors.
84.19 Vertical sectors.
84.21 Intensity of non-electric lights.
84.23 Maneuvering light.
84.24 High-speed craft.
84.25 Approval. [Reserved]

    Authority: 33 U.S.C. 2071; Department of Homeland Security 
Delegation No. 0170.1.

    Source: CGD 81-008, 46 FR 62447, Dec. 24, 1981, unless otherwise 
noted.



Sec. 84.01  Definitions.

    (a) The term height above the hull means height above the uppermost 
continuous deck. This height shall be measured from the position 
vertically beneath the location of the light.
    (b) High-speed craft means a craft capable of maximum speed in 
meters per second (m/s) equal to or exceeding: 3.7[dtri]\0.1667\; where 
[dtri]=displacement corresponding to the design waterline (meters 
3).

    Note to paragraph (b): The same formula expressed in pounds and 
knots is maximum speed in knots (kts) equal to exceeding 1.98 (lbs) 
[dtri]\0.1667\; where [dtri]=displacement corresponding to design 
waterline in pounds.

    (c) The term practical cut-off means, for vessels 20 meters or more 
in length, 12.5 percent of the minimum luminous intensity (Table 
84.15(b)) corresponding to the greatest range of visibility for which 
the requirements of Annex I are met.
    (d) The term Rule or Rules means the Inland Navigation Rules 
contained in sec. 2 of the Inland Navigational Rules Act of 1980 (Pub. 
L. 96-591, 94 Stat. 3415, 33 U.S.C. 2001, December 24, 1980) as amended.

[CGD 81-008, 46 FR 62447, Dec. 24, 1981, as amended by CGD 94-011, 63 FR 
5731, Feb. 4, 1998]



Sec. 84.03  Vertical positioning and spacing of lights.

    (a) On a power-driven vessel of 20 meters or more in length the 
masthead lights shall be placed as follows:
    (1) The forward masthead light, or if only one masthead light is 
carried, then that light, at a height above the hull of not less than 5 
meters, and, if the breadth of the vessel exceeds 5 meters, then at a 
height above the hull not less than such breadth, so however that the 
light need not be placed at a greater height above the hull than 8 
meters;
    (2) When two masthead lights are carried the after one shall be at 
least 2 meters vertically higher than the forward one.
    (b) The vertical separation of the masthead lights of power-driven 
vessels shall be such that in all normal conditions of trim the after 
light will be seen over and separate from the forward light at a 
distance of 1000 meters from the stem when viewed from water level.
    (c) The masthead light of a power-driven vessel of 12 meters but 
less than 20 meters in length shall be placed at a height above the 
gunwale of not less than 2.5 meters.
    (d) The masthead light, or the all-round light described in Rule 
23(c), of a power-driven vessel of less than 12 meters in length shall 
be carried at least one meter higher than the sidelights.
    (e) One of the two or three masthead lights prescribed for a power-
driven vessel when engaged in towing or pushing another vessel shall be 
placed in the same position as either the forward masthead light or the 
after masthead light, provided that the lowest after masthead light 
shall be at least 2 meters vertically higher than the highest forward 
masthead light.
    (f)(1) The masthead light or lights prescribed in Rule 23(a) shall 
be so placed as to be above and clear of all

[[Page 214]]

other lights and obstructions except as described in paragraph (f)(2) of 
this section.
    (2) When it is impracticable to carry the all-round lights 
prescribed in Rule 27(b)(i) below the masthead lights, they may be 
carried above the after masthead light(s) or vertically in between the 
forward masthead light(s) and after masthead light(s), provided that in 
the latter case the requirement of Sec. 84.05(d) shall be complied 
with.
    (g) The sidelights of a power-driven vessel shall be placed at least 
one meter lower than the forward masthead light. They shall not be so 
low as to be interfered with by deck lights.
    (h) [Reserved]
    (i) When the Rules prescribe two or three lights to be carried in a 
vertical line, they shall be spaced as follows:
    (1) On a vessel of 20 meters in length or more such lights shall be 
spaced not less than 1 meter apart, and the lowest of these lights 
shall, except where a towing light is required, be placed at a height of 
not less than 4 meters above the hull;
    (2) On a vessel of less than 20 meters in length such lights shall 
be spaced not less than 1 meter apart and the lowest of these lights 
shall, except where a towing light is required, be placed at a height of 
not less than 2 meters above the gunwale;
    (3) When three lights are carried they shall be equally spaced.
    (j) The lower of the two all-round lights prescribed for a vessel 
when engaged in fishing shall be a height above the sidelights not less 
than twice the distance between the two vertical lights.
    (k) The forward anchor light prescribed in Rule 30(a)(i), when two 
are carried, shall not be less than 4.5 meters above the after one. On a 
vessel of 50 meters or more in length this forward anchor light shall be 
placed at a height or not less than 6 meters above the hull.

[CGD 81-008, 46 FR 62447, Dec. 24, 1981, as amended by CGD 89-024, 55 FR 
3947, Feb. 6, 1990]



Sec. 84.05  Horizontal positioning and spacing of lights.

    (a) Except as specified in paragraph (e) of this section, when two 
masthead lights are prescribed for a power-driven vessel, the horizontal 
distance between them must not be less than one quarter of the length of 
the vessel but need not be more than 50 meters. The forward light must 
be placed not more than one half of the length of the vessel from the 
stem.
    (b) On a power-driven vessel of 20 meters or more in length the 
sidelights shall not be placed in front of the forward masthead lights. 
They shall be placed at or near the side of the vessel.
    (c) When the lights prescribed in Rule 27(b)(i) are placed 
vertically between the forward masthead light(s) and the after masthead 
light(s) these all-round lights shall be placed at a horizontal distance 
of not less than 2 meters from the fore and aft centerline of the vessel 
in the athwartship direction.
    (d) When only one masthead light is prescribed for a power-driven 
vessel, this light must be exhibited forward of amidships. For a vessel 
of less than 20 meters in length, the vessel shall exhibit one masthead 
light as far forward as is practicable.
    (e) On power-driven vessels 50 meters but less than 60 meters in 
length operated on the Western Rivers, and those waters specified in 
Sec. 89.25, the horizontal distance between masthead lights shall not 
be less than 10 meters.

[CGD 81-008, 46 FR 62447, Dec. 24, 1981, as amended by CGD 88-07, 53 FR 
10533, April 1, 1988; CGD 94-011, 63 FR 5731, Feb. 4, 1998]



Sec. 84.07  Details of location of direction-indicating lights for 
fishing vessels, dredgers and vessels engaged in underwater operations.

    (a) The light indicating the direction of the outlying gear from a 
vessel engaged in fishing as prescribed in Rule 26(c)(ii) shall be 
placed at a horizontal distance of not less than 2 meters and not more 
than 6 meters away from the two all-round red and white lights. This 
light shall be placed not higher than the all-round white light 
prescribed in Rule 26(c)(i) and not lower than the sidelights.
    (b) The lights and shapes on a vessel engaged in dredging or 
underwater operations to indicate the obstructed side and/or the side on 
which it is safe to pass, as prescribed in Rule 27(d)(i) and (ii), shall 
be placed at the maximum

[[Page 215]]

practical horizontal distance, but in no case less than 2 meters, from 
the lights or shapes prescribed in Rule 27(b)(i) and (ii). In no case 
shall the upper of these lights or shapes be at a greater height than 
the lower of the three lights or shapes prescribed in Rule 27(b)(i) and 
(ii).



Sec. 84.09  Screens.

    (a) The sidelights of vessels of 20 meters or more in length shall 
be fitted with mat black inboard screens and meet the requirements of 
Sec. 84.17. On vessels of less than 20 meters in length, the 
sidelights, if necessary to meet the requirements of Sec. 84.17, shall 
be fitted with mat black inboard screens. With a combined lantern, using 
a single vertical filament and a very narrow division between the green 
and red sections, external screens need not be fitted.
    (b) On power-driven vessels less than 12 meters in length 
constructed after July 31, 1983, the masthead light, or the all-round 
light described in Rule 23(c) shall be screened to prevent direct 
illumination of the vessel forward of the operator's position.



Sec. 84.11  Shapes.

    (a) Shapes shall be black and of the following sizes:
    (1) A ball shall have a diameter of not less than 0.6 meter;
    (2) A cone shall have a base diameter of not less than 0.6 meter and 
a height equal to its diameter;
    (3) A diamond shape shall consist of two cones (as defined in 
paragraph (a)(2) of this section) having a common base.
    (b) The vertical distance between shapes shall be at least 1.5 
meter.
    (c) In a vessel of less than 20 meters in length shapes of lesser 
dimensions but commensurate with the size of the vessel may be used and 
the distance apart may be correspondingly reduced.



Sec. 84.13  Color specification of lights.

    (a) The chromaticity of all navigation lights shall conform to the 
following standards, which lie within the boundaries of the area of the 
diagram specified for each color by the International Commission on 
Illumination (CIE), in the ``Colors of Light Signals'', which is 
incorporated by reference. It is Publication CIE No. 2.2. (TC-1.6), 
1975, and is available from the Illumination Engineering Society, 345 
East 47th Street, New York, NY 10017 and is available for inspection at 
the Coast Guard, Ocean Engineering Division (G-SEC-2), 2100 Second 
Street SW, Washington, DC 20593-0001. It is also available for 
inspection at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html. This incorporation by 
reference was approved by the Director of the Federal Register.
    (b) The boundaries of the area for each color are given by 
indicating the corner co-ordinates, which are as follows:
    (1) White:

x 0.525 0.525 0.452 0.310 0.310 0.443
y 0.382 0.440 0.440 0.348 0.283 0.382

    (2) Green:

x 0.028 0.009 0.300 0.203
y 0.385 0.723 0.511 0.356

    (3) Red:

x 0.680 0.660 0.735 0.721
y 0.320 0.320 0.265 0.259

    (4) Yellow:

x 0.612 0.618 0.575 0.575
y 0.382 0.382 0.425 0.406

[CGD81-008, 46 FR 62447, Dec. 24, 1981, as amended at 69 FR 18803, Apr. 
9, 2004; USCG-2004-18057, 69 FR 34925, June 23, 2004]



Sec. 84.15  Intensity of lights.

    (a) The minimum luminous intensity of lights shall be calculated by 
using the formula:

I=3.43x10\6\xTxD\2\xK-D

where I is luminous intensity in candelas under service conditions,
T is threshold factor 2x10-7 lux,
D is range of visibility (luminous range) of the light in nautical 
miles,
K is atmospheric transmissivity. For prescribed lights the value of K 
shall be 0.8, corresponding to a meteorological visibility of 
approximately 13 nautical miles.

    (b) A selection of figures derived from the formula is given in 
Table 84.15(b):

[[Page 216]]



                             Table 84.15(b)
------------------------------------------------------------------------
                                                        Minimum luminous
                                                          intensity of
   Range of visibility (luminous range) of light in         light in
                   nautical miles D                       candelas for
                                                             K=0.8 I
------------------------------------------------------------------------
1.....................................................               0.9
2.....................................................               4.3
3.....................................................              12
4.....................................................              27
5.....................................................              52
6.....................................................              94
------------------------------------------------------------------------



Sec. 84.17  Horizontal sectors.

    (a)(1) In the forward direction, sidelights as fitted on the vessel 
shall show the minimum required intensities. The intensities shall 
decrease to reach practical cut-off between 1 and 3 degrees outside the 
prescribed sectors.
    (2) For sternlights and masthead lights and at 22.5 degrees abaft 
the beam for sidelights, the minimum required intensities shall be 
maintained over the arc of the horizon up to 5 degrees within the limits 
of the sectors prescribed in Rule 21. From 5 degrees within the 
prescribed sectors the intensity may decrease by 50 percent up to the 
prescribed limits; it shall decrease steadily to reach practical cut-off 
at not more than 5 degrees outside the prescribed sectors.
    (b) All-round lights shall be so located as not to be obscured by 
masts, topmasts or structures within angular sectors of more than 6 
degrees, except anchor lights prescribed in Rule 30, which need not be 
placed at an impracticable height above the hull, and the all-round 
white light described in Rule 23(d), which may not be obscured at all.
    (c) If it is impracticable to comply with paragraph (b) of this 
section by exhibiting only one all-round light, two all-round lights 
shall be used suitably positioned or screened to appear, as far as 
practicable, as one light at a minimum distance of one nautical mile.

    Note to paragraph (c): Tow unscreened all-round lights that are 1.28 
meters apart or less will appear as one light to the naked eye at a 
distance of one nautical mile.

[CGD 81-008, 46 FR 62447, Dec. 24, 1981, as amended by CGD 94-011, 63 FR 
5731, Feb. 4, 1998]



Sec. 84.19  Vertical sectors.

    (a) The vertical sectors of electric lights as fitted, with the 
exception of lights on sailing vessels underway and on unmanned barges, 
shall ensure that:
    (1) At least the required minimum intensity is maintained at all 
angles from 5 degrees above to 5 degrees below the horizontal;
    (2) At least 60 percent of the required minimum intensity is 
maintained from 7.5 degrees above to 7.5 degrees below the horizontal.
    (b) In the case of sailing vessels underway the vertical sectors of 
electric lights as fitted shall ensure that:
    (1) At least the required minimum intensity is maintained at all 
angles from 5 degrees above to 5 degrees below the horizontal;
    (2) At least 50 percent of the required minimum intensity is 
maintained from 25 degrees above to 25 degrees below the horizontal.
    (c) In the case of unmanned barges the minimum required intensity of 
electric lights as fitted shall be maintained on the horizontal.
    (d) In the case of lights other than electric lights these 
specifications shall be met as closely as possible

[CGD 81-008, 46 FR 62447, Dec. 24, 1981, as amended by CGD 89-024, 55 FR 
3947, Feb. 6, 1990]



Sec. 84.21  Intensity of non-electric lights.

    Non-electric lights shall so far as practicable comply with the 
minimum intensities, as specified in the Table given in Sec. 84.15.



Sec. 84.23  Maneuvering light.

    Notwithstanding the provisions of Sec. 84.03(f), the maneuvering 
light described in Rule 34(b) shall be placed approximately in the same 
fore and aft vertical plane as the masthead light or lights and, where 
practicable, at a minimum height of one-half meter vertically above the 
forward masthead light, provided that it shall be carried not less than 
one-half meter vertically above or below the after masthead light. On a 
vessel where only one masthead light is carried the maneuvering light, 
if fitted, shall be carried where it can best be seen, not less than 
one-half meter vertically apart from the masthead light.

[[Page 217]]



Sec. 84.24  High-speed craft.

    (a) The masthead light of high-speed craft with a length to breadth 
ratio of less than 3.0 may be placed at a height related to the breadth 
lower than that prescribed in Sec. 84.03(a)(1), provided that the base 
angle of the isosceles triangle formed by the side lights and masthead 
light when seen in end elevation is not less than 27 degrees as 
determined by the formula in paragraph (b) of this section.
    (b) The minimum height of masthead light above sidelights is to be 
determined by the following formula: Tan 27[deg]=X/
Y; where Y is the horizontal distance between the sidelights 
and X is the height of the forward masthead light.

[CGD 94-011, 63 FR 5731, Feb. 4, 1998. Redesignated by USCG-1999-5832, 
64 FR 34712, June 29, 1999]



Sec. 84.25  Approval.

    The construction of lights and shapes and the installation of lights 
on board the vessel must satisfy the Commandant, U.S. Coast Guard.

[USCG-1999-6580, 66 FR 55091, Nov. 1, 2001]



PART 85_ANNEX II: ADDITIONAL SIGNALS FOR FISHING VESSELS FISHING IN CLOSE 
PROXIMITY--Table of Contents




Sec.
85.1 General.
85.3 Signals for trawlers.
85.5 Signals for purse seiners.

    Authority: Sec. 3, Pub. L. 96-591; 49 CFR 1.46(n)(14).

    Source: CGD 81-006, 46 FR 61845, Dec. 21, 1981, unless otherwise 
noted.



Sec. 85.1  General.

    The lights mentioned herein shall, if exhibited in pursuance of Rule 
26(d), be placed where they can best be seen. They shall be at least 0.9 
meter apart but at a lower level than lights prescribed in Rule 26(b)(i) 
and (c)(i) contained in the Inland Navigational Rules Act of 1980, as 
amended (33 U.S.C. 2001 et seq.). The lights shall be visible all around 
the horizon at a distance of at least 1 mile but at a lesser distance 
from the lights prescribed by these Rules for fishing vessels.



Sec. 85.3  Signals for trawlers.

    (a) Vessels when engaged in trawling, whether using demersal or 
pelagic gear, may exhibit:
    (1) When shooting their nets: two white lights in a vertical line;
    (2) When hauling their nets: one white light over one red light in a 
vertical line;
    (3) When the net has come fast upon an obstruction: two red lights 
in a vertical line.
    (b) Each vessel engaged in pair trawling may exhibit:
    (1) By night, a searchlight directed forward and in the direction of 
the other vessel of the pair;
    (2) When shooting or hauling their nets or when their nets have come 
fast upon an obstruction, the lights prescribed in paragraph (a) of this 
section.



Sec. 85.5  Signals for purse seiners.

    Vessels engaged in fishing with purse seine gear may exhibit two 
yellow lights in a vertical line. These lights shall flash alternately 
every second and with equal light and occultation duration. These lights 
may be exhibited only when the vessel is hampered by its fishing gear.



PART 86_ANNEX III: TECHNICAL DETAILS OF SOUND SIGNAL APPLIANCES--Table 
of Contents




                           Subpart A_Whistles

Sec.
86.01 Frequencies and range of audibility.
86.03 Limits of fundamental frequencies.
86.05 Sound signal intensity and range of audibility.
86.07 Directional properties.
86.09 Positioning of whistles.
86.11 Fitting of more than one whistle.
86.13 Combined whistle systems.
86.15 Towing vessel whistles.

                         Subpart B_Bell or Gong

86.21 Intensity of signal.
86.23 Construction.

                           Subpart C_Approval

86.31 Approval. [Reserved]

    Authority: Sec. 3, Pub. L. 96-591; 49 CFR 1.46(n)(14).

    Source: CGD 81-009, 46 FR 61848, Dec. 21, 1981, unless otherwise 
noted.

[[Page 218]]



                           Subpart A_Whistles



Sec. 86.01  Frequencies and range of audibility.

    The fundamental frequency of the signal shall lie within the range 
70-525 Hz. The range of audibility of the signal from a whistle shall be 
determined by those frequencies, which may include the fundamental and/
or one or more higher frequencies, which lie within the frequency ranges 
and provide the sound pressure levels specified in Sec. 86.05.



Sec. 86.03  Limits of fundamental frequencies.

    To ensure a wide variety of whistle characteristics, the fundamental 
frequency of a whistle shall be between the following limits:
    (a) 70-200 Hz, for a vessel 200 meters or more in length;
    (b) 130-350 Hz, for a vessel 75 meters but less than 200 meters in 
length;
    (c) 250-525 Hz, for a vessel less than 75 meters in length.



Sec. 86.05  Sound signal intensity and range of audibility.

    A whistle on a vessel shall provide, in the direction of the forward 
axis of the whistle and at a distance of 1 meter from it, a sound 
pressure level in at least one \1/3\-octave band of not less than the 
appropriate figure given in Table 86.05 within the following frequency 
ranges (1 percent):
    (a) 130-1200 Hz, for a vessel 75 meters or more in length;
    (b) 250-1600 Hz, for a vessel 20 meters but less than 75 meters in 
length;
    (c) 250-2100 Hz, for a vessel 12 meters but less than 20 meters in 
length.

                                                   Table 86.05
----------------------------------------------------------------------------------------------------------------
                                                                                            \1/3\-
                                                                                            octave
                                                                                 For      band level  Audibility
                                                                Fundamental    measured   at 1 meter   range in
                  Length of vessel in meters                     frequency   frequencies     in dB     nautical
                                                                 range (Hz)      (Hz)      referred      miles
                                                                                          to 2x10 -5
                                                                                            N/m\2\
----------------------------------------------------------------------------------------------------------------
                                                                ...........  130-180             145  ..........
200 or more...................................................       70-200  180-250             143           2
                                                                ...........  250-1200            140  ..........
                                                                ...........  130-180             140  ..........
75 but less than 200..........................................      130-350  180-250             138         1.5
                                                                ...........  250-1200            134  ..........
                                                                ...........  250-450             130  ..........
20 but less than 75...........................................      250-525  450-800             125         1.0
                                                                ...........  800-1600            121  ..........
                                                                ...........  250-450             120  ..........
12 but less than 20...........................................      250-525  450-800             115         0.5
                                                                ...........  800-2100            111  ..........
----------------------------------------------------------------------------------------------------------------
 Note. The range of audibility in the table above is for information and is approximately the range at which a
  whistle may usually be heard on its forward axis in conditions of still air on board a vessel having average
  background noise level at the listening posts (taken to be 68 dB in the octave band centered on 250 Hz and 63
  dB in the octave band centered on 500 Hz).
In practice the range at which a whistle may be heard is extremely variable and depends critically on weather
  conditions; the values given can be regarded as typical but under conditions of strong wind or high ambient
  noise level at the listening post the range may be much reduced.



Sec. 86.07  Directional properties.

    The sound pressure level of a directional whistle shall be not more 
than 4 dB below the sound pressure level specified in Sec. 86.05 in any 
direction in the horizontal plane within 45 
degrees of the forward axis. The sound pressure level of the whistle in 
any other direction in the horizontal plane shall not be more than 10 dB 
less than the sound pressure level specified for the forward axis, so 
that the range of audibility in any direction will be at least half the 
range required on the forward axis. The sound pressure level shall be 
measured in that one-third octave band which determines the audibility 
range.



Sec. 86.09  Positioning of whistles.

    (a) When a directional whistle is to be used as the only whistle on 
the vessel and is permanently installed, it shall be installed with its 
forward axis directed forward.

[[Page 219]]

    (b) A whistle shall be placed as high as practicable on a vessel, in 
order to reduce interception of the emitted sound by obstructions and 
also to minimize hearing damage risk to personnel. The sound pressure 
level of the vessel's own signal at listening posts shall not exceed 110 
dB(A) and so far as practicable should not exceed 100 dB(A).



Sec. 86.11  Fitting of more than one whistle.

    If whistles are fitted at a distance apart of more than 100 meters, 
they shall not be sounded simultaneously.



Sec. 86.13  Combined whistle systems.

    (a) A combined whistle system is a number of whistles (sound 
emitting sources) operated together. For the purposes of the Rules a 
combined whistle system is to be regarded as a single whistle.
    (b) The whistles of a combined system shall:
    (1) Be located at a distance apart of not more than 100 meters,
    (2) Be sounded simultaneously,
    (3) Each have a fundamental frequency different from those of the 
others by at least 10 Hz, and
    (4) Have a tonal characteristic appropriate for the length of vessel 
which shall be evidenced by at least two-thirds of the whistles in the 
combined system having fundamental frequencies falling within the limits 
prescribed in Sec. 86.03, or if there are only two whistles in the 
combined system, by the higher fundamental frequency falling within the 
limits prescribed in Sec. 86.03.

    Note: If due to the presence of obstructions the sound field of a 
single whistle or of one of the whistles referred to in Sec. 86.11 is 
likely to have a zone of greatly reduced signal level, a combined 
whistle system should be fitted so as to overcome this reduction.



Sec. 86.15  Towing vessel whistles.

    A power-driven vessel normally engaged in pushing ahead or towing 
alongside may, at all times, use a whistle whose characteristic falls 
within the limits prescribed by Sec. 86.03 for the longest customary 
composite length of the vessel and its tow.



                         Subpart B_Bell or Gong



Sec. 86.21  Intensity of signal.

    A bell or gong, or other device having similar sound characteristics 
shall produce a sound pressure level of not less than 110 dB at 1 meter.



Sec. 86.23  Construction.

    Bells and gongs shall be made of corrosion-resistant material and 
designed to give a clear tone. The diameter of the mouth of the bell 
shall be not less than 300 mm for vessels of more than 20 meters in 
length, and shall be not less than 200 mm for vessels of 12 to 20 meters 
in length. The mass of the striker shall be not less than 3 percent of 
the mass of the bell. The striker shall be capable of manual operation. 
Note: When practicable, a power-driven bell striker is recommended to 
ensure constant force.



                           Subpart C_Approval



Sec. 86.31  Approval. [Reserved]



PART 87_ANNEX IV: DISTRESS SIGNALS--Table of Contents




Sec.
87.1 Need of assistance.
87.3 Exclusive use.
87.5 Supplemental signals.

    Authority: 33 U.S.C. 2071; 49 CFR 1.46.



Sec. 87.1  Need of assistance.

    The following signals, used or exhibited either together or 
separately, indicate distress and need of assistance:
    (a) A gun or other explosive signal fired at intervals of about a 
minute.
    (b) A continuous sounding with any fog-signaling apparatus;
    (c) Rockets or shells, throwing red stars fired one at a time at 
short intervals;
    (d) A signal made by radiotelegraphy or by any other signaling 
method consisting of the group . . . -- -- -- . . . (SOS) in the Morse 
Code,
    (e) A signal sent by radiotelephony consisting of the spoken word 
``Mayday'';
    (f) The International Code Signal of distress indicated by N.C.

[[Page 220]]

    (g) A signal consisting of a square flag having above or below it a 
ball or anything resembling a ball;
    (h) Flames on the vessel (as from a burning tar barrel, oil barrel, 
etc.);
    (i) A rocket parachute flare or a hand flare showing a red light;
    (j) A smoke signal giving off orange-colored smoke;
    (k) Slowly and repeatedly raising and lowering arms outstretched to 
each side;
    (l) The radiotelegraph alarm signal;
    (m) The radiotelephone alarm signal;
    (n) Signals transmitted by emergency position-indicating radio 
beacons;
    (o) Signals transmitted by radiocommunication systems, including 
survival craft radar transponders meeting the requirements of 47 CFR 
80.1095.
    (p) A high intensity white light flashing at regular intervals from 
50 to 70 times per minute.

[CGD 81-007, 47 FR 16174, Apr. 15, 1982, as amended by CGD 89-024, 55 FR 
3947, Feb. 6, 1990; CGD 94-011, 63 FR 5732, Feb. 4, 1998]



Sec. 87.3  Exclusive use.

    The use or exhibition of any of the foregoing signals except for the 
purpose of indicating distress and need of assistance and the use of 
other signals which may be confused with any of the above signals is 
prohibited.

[CGD 81-007, 47 FR 16174, Apr. 15, 1982]



Sec. 87.5  Supplemental signals.

    Attention is drawn to the relevant sections of the International 
Code of Signals, the Merchant Ship Search and Rescue Manual, the 
International Telecommunication Union Radio Regulations and the 
following signals:
    (a) A piece of orange-colored canvas with either a black square and 
circle or other appropriate symbol (for identification from the air);
    (b) A dye marker.

[CGD 81-007, 47 FR 16174, Apr. 15, 1982, as amended by CGD 89-024, 55 FR 
3947, Feb. 6, 1990]



PART 88_ANNEX V: PILOT RULES--Table of Contents




Sec.
88.01 Purpose and applicability.
88.03 Definitions.
88.05 Copy of rules.
88.09 Temporary exemption from light and shape requirements when 
          operating under bridges.
88.11 Law enforcement vessels.
88.12 Public safety activities.
88.13 Lights on moored barges.
88.15 Lights on dredge pipelines.

    Authority: 33 U.S.C. 2071.

    Source: CGD 80-158, 47 FR 16175, Apr. 15, 1982, unless otherwise 
noted.



Sec. 88.01  Purpose and applicability.

    This part applies to all vessels operating on United States inland 
waters and to United States vessels operating on the Canadian waters of 
the Great Lakes to the extent there is no conflict with Canadian law.



Sec. 88.03  Definitions.

    The terms used in this part have the same meaning as defined in the 
Inland Navigational Rules Act of 1980.



Sec. 88.05  Copy of rules.

    The operator of each self-propelled vessel 12 meters or more in 
length shall carry on board and maintain for ready reference a copy of 
the Inland Navigation Rules.

[USCG-2005-21531, 70 FR 36349, June 23, 2005]



Sec. 88.09  Temporary exemption from light and shape requirements when 
operating under bridges.

    A vessel's navigation lights and shapes may be lowered if necessary 
to pass under a bridge.



Sec. 88.11  Law enforcement vessels.

    (a) Law enforcement vessels may display a flashing blue light when 
engaged in direct law enforcement or public safety activities. This 
light must be located so that it does not interfere with the visibility 
of the vessel's navigation lights.
    (b) The blue light described in this section may be displayed by law 
enforcement vessels of the United States and the States and their 
political subdivisions.

[CGD 80-158, 47 FR 16175, Apr. 15, 1982, as amended by CGD 90-032, 56 FR 
33385, July 22, 1991]

[[Page 221]]



Sec. 88.12  Public safety activities.

    (a) Vessels engaged in government sanctioned public safety 
activities, and commercial vessels performing similar functions, may 
display an alternately flashing red and yellow light signal. This 
identification light signal must be located so that it does not 
interfere with the visibility of the vessel's navigation lights. The 
identification light signal may be used only as an identification signal 
and conveys no special privilege. Vessels using the identification light 
signal during public safety activities must abide by the Inland 
Navigation Rules, and must not presume that the light or the exigency 
gives them precedence or right of way.
    (b) Public safety activities include but are not limited to 
patrolling marine parades, regattas, or special water celebrations; 
traffic control; salvage; firefighting; medical assistance; assisting 
disabled vessels; and search and rescue.

[CGD 90-032, 56 FR 33386, July 22, 1991]



Sec. 88.13  Lights on moored barges.

    (a) The following barges shall display at night and if practicable 
in periods of restricted visibility the lights described in paragraph 
(b) of this section:
    (1) Every barge projecting into a buoyed or restricted channel.
    (2) Every barge so moored that it reduces the available navigable 
width of any channel to less than 80 meters.
    (3) Barges moored in groups more than two barges wide or to a 
maximum width of over 25 meters.
    (4) Every barge not moored parallel to the bank or dock.
    (b) Barges described in paragraph (a) of this section shall carry 
two unobstructed all-round white lights of an intensity to be visible 
for at least 1 nautical mile and meeting the technical requirements as 
prescribed in Sec. 84.15 of this chapter.
    (c) A barge or group of barges at anchor or made fast to one or more 
mooring buoys or other similar device, in lieu of the provisions of 
Inland Navigation Rule 30, may carry unobstructed all-round white lights 
of an intensity to be visible for at least 1 nautical mile that meet the 
requirements of Sec. 84.15 of this chapter and shall be arranged as 
follows:
    (1) Any barge that projects from a group formation, shall be lighted 
on its outboard corners.
    (2) On a single barge moored in water where other vessels normally 
navigate on both sides of the barge, lights shall be placed to mark the 
corner extremities of the barge.
    (3) On barges moored in group formation, moored in water where other 
vessels normally navigate on both sides of the group, lights shall be 
placed to mark the corner extremities of the group.
    (d) The following are exempt from the requirements of this section:
    (1) A barge or group of barges moored in a slip or slough used 
primarily for mooring purposes.
    (2) A barge or group of barges moored behind a pierhead.
    (3) A barge less than 20 meters in length when moored in a special 
anchorage area designated in accordance with Sec. 109.10 of this 
chapter.
    (e) Barges moored in well-illuminated areas are exempt from the 
lighting requirements of this section. These areas are as follows:

                       Chicago Sanitary Ship Canal

(1) Mile 293.2 to 293.9
(3) Mile 295.2 to 296.1
(5) Mile 297.5 to 297.8
(7) Mile 298 to 298.2
(9) Mile 298.6 to 298.8
(11) Mile 299.3 to 299.4
(13) Mile 299.8 to 300.5
(15) Mile 303 to 303.2
(17) Mile 303.7 to 303.9
(19) Mile 305.7 to 305.8
(21) Mile 310.7 to 310.9
(23) Mile 311 to 311.2
(25) Mile 312.5 to 312.6
(27) Mile 313.8 to 314.2
(29) Mile 314.6
(31) Mile 314.8 to 315.3
(33) Mile 315.7 to 316
(35) Mile 316.8
(37) Mile 316.85 to 317.05
(39) Mile 317.5
(41) Mile 318.4 to 318.9
(43) Mile 318.7 to 318.8
(45) Mile 320 to 320.3
(47) Mile 320.6
(49) Mile 322.3 to 322.4
(51) Mile 322.8
(53) Mile 322.9 to 327.2

[[Page 222]]

                           Calumet Sag Channel

(61) Mile 316.5

                          Little Calumet River

(71) Mile 321.2
(73) Mile 322.3

                              Calumet River

(81) Mile 328.5 to 328.7
(83) Mile 329.2 to 329.4
(85) Mile 330 west bank to 330.2
(87) Mile 331.4 to 331.6
(89) Mile 332.2 to 332.4
(91) Mile 332.6 to 332.8

                            Cumberland River

(101) Mile 126.8
(103) Mile 191

[CGD 80-158, 47 FR 16175, Apr. 15, 1982, as amended by CGD 94-011, 63 FR 
5732, Feb. 4, 1998]



Sec. 88.15  Lights on dredge pipelines.

    Dredge pipelines that are floating or supported on trestles shall 
display the following lights at night and in periods of restricted 
visibility.
    (a) One row of yellow lights. The lights must be:
    (1) Flashing 50 to 70 times per minute,
    (2) Visible all around the horizon,
    (3) Visible for at least 2 miles on a clear dark night,
    (4) Not less than 1 and not more than 3.5 meters above the water,
    (5) Approximately equally spaced, and
    (6) Not more than 10 meters apart where the pipeline crosses a 
navigable channel. Where the pipeline does not cross a navigable channel 
the lights must be sufficient in number to clearly show the pipeline's 
length and course.
    (b) Two red lights at each end of the pipeline, including the ends 
in a channel where the pipeline is separated to allow vessels to pass 
(whether open or closed). The lights must be:
    (1) Visible all around the horizon, and
    (2) Visible for at least 2 miles on a clear dark night, and
    (3) One meter apart in a vertical line with the lower light at the 
same height above the water as the flashing yellow light.



PART 89_INLAND NAVIGATION RULES: IMPLEMENTING RULES--Table of Contents




             Subpart A_Certificate of Alternative Compliance

Sec.
89.1 Definitions.
89.3 General.
89.5 Application for a Certificate of Alternative Compliance.
89.9 Certificate of Alternative Compliance: Contents.
89.17 Certificate of Alternative Compliance: Termination.
89.18 Record of certification of vessels of special construction or 
          purpose.

    Subpart B_Waters Upon Which Certain Inland Navigation Rules Apply

89.21 Purpose.
89.23 Definitions.
89.25 Waters upon which Inland Rules 9(a)(ii), 14(d), and 15(b) apply.
89.27 Waters upon which Inland Rule 24(i) applies.

    Authority: 33 U.S.C. 2071; 49 CFR 1.46(n)(14).

    Source: CGD 80-157, 47 FR 13801, Apr. 1, 1982, unless otherwise 
noted.



             Subpart A_Certificate of Alternative Compliance



Sec. 89.1  Definitions.

    As used in this subpart:
    Inland Rules refers to the Inland Navigation Rules contained in the 
Inland Navigational Rules Act of 1980 (Pub. L. 96-591) and the technical 
annexes established under that act.
    A vessel of special construction or purpose means a vessel designed 
or modified to perform a special function and whose arrangement is 
thereby made relatively inflexible.
    Interference with the special function of the vessel occurs when 
installation or use of lights, shapes, or sound-signaling appliances 
under the Inland Rules prevents or significantly hinders the operation 
in which the vessel is usually engaged.

[CGD 80-157, 47 FR 13801, Apr. 1, 1982, as amended by CGD 83-028, 49 FR 
33876, Aug. 27, 1984]



Sec. 89.3  General.

    Vessels of special construction or purpose which cannot fully comply

[[Page 223]]

with the light, shape, and sound signal provisions of the Inland Rules 
without interfering with their special function may instead meet 
alternative requirements. The Chief of the Marine Safety Division in 
each Coast Guard District Office makes this determination and requires 
that alternative compliance be as close as possible with the Inland 
Rules. These regulations set out the procedure by which a vessel may be 
certified for alternative compliance. The information collection and 
recordkeeping requirements in Sec. Sec. 89.5 and 89.18 have been 
approved by the Office of Management and Budget under OMB control number 
2115-0074.



Sec. 89.5  Application for a Certificate of Alternative Compliance.

    (a) The owner, builder, operator, or agent of a vessel of special 
construction or purpose who believes the vessel cannot fully comply with 
the Inland Rules light, shape, or sound signal provisions without 
interference with its special function may apply for a determination 
that alternative compliance is justified. The application must be in 
writing, submitted to the Chief of the Marine Safety Division of the 
Coast Guard District in which the vessel is being built or operated, and 
include the following information:
    (1) The name, address, and telephone number of the applicant.
    (2) The identification of the vessel by its:
    (i) Official number;
    (ii) Shipyard hull number;
    (iii) Hull identification number; or
    (iv) State number, if the vessel does not have an official number or 
hull identification number.
    (3) Vessel name and home port, if known.
    (4) A description of the vessel's area of operation.
    (5) A description of the provision for which the Certificate of 
Alternative Compliance is sought, including:
    (i) The Inland Rules Rule or Annex section number for which the 
Certificate of Alternative Compliance is sought;
    (ii) A description of the special function of the vessel that would 
be interfered with by full compliance with the provision of that Rule or 
Annex section; and
    (iii) A statement of how full compliance would interfere with the 
special function of the vessel.
    (6) A description of the alternative installation that is in closest 
possible compliance with the applicable Inland Navigation Rules Rule or 
Annex section.
    (7) A copy of the vessel's plans or an accurate scale drawing that 
clearly shows:
    (i) The required installation of the equipment under the Inland 
Rules,
    (ii) The proposed installation of the equipment for which 
certification is being sought, and
    (iii) Any obstructions that may interfere with the equipment when 
installed in:
    (A) The required location; and
    (B) The proposed location.
    (b) The Coast Guard may request from the applicant additional 
information concerning the application.

[CGD 80-157, 47 FR 13801, Apr. 1, 1982; 47 FR 18332, Apr. 29, 1982]



Sec. 89.9  Certificate of Alternative Compliance: Contents.

    The Chief of the Marine Safety Division issues the Certificate of 
Alternative Compliance to the vessel based on a determination that it 
cannot comply fully with Inland Rules light, shape, and sound signal 
provisions without interference with its special function. This 
Certificate includes:
    (a) Identification of the vessel as supplied in the application 
under Sec. 89.5(a)(2);
    (b) The provision of the Inland Rules for which the Certificate 
authorizes alternative compliance;
    (c) A certification that the vessel is unable to comply fully with 
the Inland Rules light, shape, and sound signal requirements without 
interference with its special function;
    (d) A statement of why full compliance would interfere with the 
special function of the vessel;
    (e) The required alternative installation;
    (f) A statement that the required alternative installation is in the 
closest possible compliance with the Inland

[[Page 224]]

Rules without interfering with the special function of the vessel;
    (g) The date of issuance;
    (h) A statement that the Certificate of Alternative Compliance 
terminates when the vessel ceases to be usually engaged in the operation 
for which the certificate is issued.



Sec. 89.17  Certificate of Alternative Compliance: Termination.

    The Certificate of Alternative Compliance terminates if the 
information supplied under Sec. 89.5(a) or the Certificate issued under 
Sec. 89.9 is no longer applicable to the vessel.



Sec. 89.18  Record of certification of vessels of special construction 
or purpose.

    (a) Copies of Certificates of Alternative Compliance and 
documentation concerning Coast Guard vessels are available for 
inspection at the offices of Assistant Commandant for Marine Safety, 
Security and Environmental Protection, U.S. Coast Guard Headquarters, 
2100 Second Street SW., Washington, DC 20593-0001.
    (b) The owner or operator of a vessel issued a Certificate shall 
ensure that the vessel does not operate unless the Certificate of 
Alternative Compliance or a certified copy of that Certificate is on 
board the vessel and available for inspection by Coast Guard personnel.

[CGD 80-187, 47 FR 13801, Apr. 1, 1982, as amended by CGD 88-052, 53 FR 
25120, July 1, 1988; CGD 96-026, 61 FR 33663, June 28, 1996; CGD 97-023, 
62 FR 33363, June 19, 1997; USCG-2002-12471, 67 FR 41332, June 18, 2002]



    Subpart B_Waters Upon Which Certain Inland Navigation Rules Apply



Sec. 89.21  Purpose.

    Inland Navigation Rules 9(a)(ii), 14(d), and 15(b) apply to the 
Great Lakes, and along with 24(i), apply on the ``Western Rivers'' as 
defined in Rule 3(1), and to additional specifically designated waters. 
The purpose of this Subpart is to specify those additional waters upon 
which Inland Navigation Rules 9(a)(ii), 14(d), 15(b), and 24(i) apply.

[CGD 85-081, 51 FR 4592, Feb. 6, 1986]



Sec. 89.23  Definitions.

    As used in this subpart:
    Inland Rules refers to the Inland Navigation Rules contained in the 
Inland Navigational Rules Act of 1980 (Pub. L. 96-591, 33 U.S.C. 2001 
et. seq.) and the technical annexes established under that Act.

[CGD 83-028, 49 FR 33876, Aug. 27, 1984]



Sec. 89.25  Waters upon which Inland Rules 9(a)(ii), 14(d), and 15(b) 
apply.

    Inland Rules 9(a)(ii), 14(d), and 15(b) apply on the Great Lakes, 
the Western Rivers, and the following specified waters:
    (a) Tennessee-Tombigbee Waterway.
    (b) Tombigbee River.
    (c) Black Warrior River.
    (d) Alabama River.
    (e) Coosa River.
    (f) Mobile River above the Cochrane Bridge at St. Louis Point.
    (g) Flint River.
    (h) Chattachoochee River.
    (i) The Apalachicola River above its confluence with the Jackson 
River.

[CGD 91-050, 58 FR 27625, May 10, 1993]



Sec. 89.27  Waters upon which Inland Rule 24(i) applies.

    (a) Inland Rule 24(i) applies on the Western Rivers and the 
specified waters listed in Sec. 89.25 (a) through (i).
    (b) Inland Rule 24(i) applies on the Gulf Intracoastal Waterway from 
St. Marks, Florida, to the Rio Grande, Texas, including the Morgan City-
Port Allen Alternate Route and the Galveston-Freeport Cutoff, except 
that a power-driven vessel pushing ahead or towing alongside shall 
exhibit the lights required by Inland Rule 24(c), while transiting 
within the following areas:
    (1) St. Andrews Bay from the Hathaway Fixed Bridge at Mile 284.6 
East of Harvey Locks (EHL) to the DuPont Fixed Bridge at Mile 295.4 EHL.
    (2) Pensacola Bay, Santa Rosa Sound and Big Lagoon from the Light 
``10'' off of Trout Point at Mile 176.9 EHL to the Pensacola Fixed 
Bridge at Mile 189.1 EHL.
    (3) Mobile Bay and Bon Secour Bay from the Dauphin Island Causeway 
Fixed Bridge at Mile 127.7 EHL to Little Point Clear at Mile 140 EHL.

[[Page 225]]

    (4) Mississippi Sound from Grand Island Waterway Light ``1'' at Mile 
53.8 EHL to Light ``40'' off the West Point of Dauphin Island at Mile 
118.7 EHL.
    (5) The Mississippi River at New Orleans, Mississippi River-Gulf 
Outlet Canal and the Inner Harbor Navigation Canal from the junction of 
the Harvey Canal and the Algiers Alternate Route at Mile 6.5 West of 
Harvey Locks (WHL) to the Michoud Canal at Mile 18 EHL.
    (6) The Calcasieu River from the Calcasieu Lock at Mile 238.6 WHL to 
the Ellender Lift Bridge at Mile 243.6 WHL.
    (7) The Sabine Neches Canal from mile 262.5 WHL to mile 291.5 WHL.
    (8) Bolivar Roads from the Bolivar Assembling Basin at Mile 346 WHL 
to the Galveston Causeway Bridge at Mile 357.3 WHL.
    (9) Freeport Harbor from Surfside Beach Fixed Bridge at Mile 393.8 
WHL to the Bryan Beach Pontoon Bridge at Mile 397.6 WHL.
    (10) Matagorda Ship Channel area of Matagorda Bay from Range ``K'' 
Front Light at Mile 468.7 WHL to the Port O'Connor Jetty at Mile 472.2 
WHL.
    (11) Corpus Christi Bay from Redfish Bay Day Beacon ``55'' at Mile 
537.4 WHL when in the Gulf Intracoastal Waterway main route or from the 
north end of Lydia Ann Island Mile 531.1A when in the Gulf Intracoastal 
Waterway Alternate Route to Corpus Christi Bay LT 76 at Mile 543.7 WHL.
    (12) Port Isabel and Brownsville Ship Channel south of the Padre 
Island Causeway Fixed Bridge at Mile 665.1 WHL.

[CGD 91-050, 58 FR 27625, May 10, 1993]



PART 90_INLAND RULES: INTERPRETATIVE RULES--Table of Contents




Sec.
90.1 Purpose.
90.3 Pushing vessel and vessel being pushed: Composite unit.
90.5 Lights for moored vessels.
90.7 Sidelights for unmanned barges.

    Authority: 33 U.S.C. 2071; 49 CFR 1.46(n)(14).

    Source: CGD 83-011, 48 FR 51622, Nov. 10, 1983, unless otherwise 
noted.



Sec. 90.1  Purpose.

    This part contains the interpretative rules for the Inland Rules. 
These interpretative rules are intended as a guide to assist the public 
and promote compliance with the Inland Rules.



Sec. 90.3  Pushing vessel and vessel being pushed: Composite unit.

    Rule 24(b) of the Inland Rules states that when a pushing vessel and 
a vessel being pushed ahead are rigidly connected in a composite unit, 
they are regarded as a power-driven vessel and must exhibit the lights 
prescribed in Rule 23. A ``composite unit'' is interpreted to be the 
combination of a pushing vessel and a vessel being push ahead that are 
rigidly connected by mechanical means so they react to sea and swell as 
one vessel. Mechanical means does not include lines, wires, hawsers, or 
chains.



Sec. 90.5  Lights for moored vessels.

    A vessel at anchor includes a vessel made fast to one or more 
mooring buoys or other similar device attached to the ocean floor. Such 
vessels may be lighted as a vessel at anchor in accordance with Rule 30, 
or may be lighted on the corners in accordance with 33 CFR 88.13.

[CGD 94-011, 63 FR 5732, Feb. 4, 1998]



Sec. 90.7  Sidelights for unmanned barges.

    An unmanned barge being towed may use the exception of COLREGS Rule 
24(h). However, this exception only applies to the vertical sector 
requirements for sidelights.

[CGD 94-011, 63 FR 5732, Feb. 4, 1998]

[[Page 227]]

                                  INDEX

                    SUBCHAPTER E_INLAND NAVIGATION RULES

  Editorial Note: This listing is provided for informational purposes 
only. It is compiled and kept up-to-date by the Coast Guard, Department 
of Homeland Security, and is revised through July 1, 2006.

                                                                 Section

                                 A

Annex I: Positioning and Technical Details of Lights and Shapes.....Part 
                                                                      84
Annex II: Additional Signals for Fishing Vessels Fishing in Close 
Proximity........................................................Part 85
Annex III: Technical Details of Sound Signal Appliances..........Part 86
Annex IV: Distress Signals.......................................Part 87
Annex V: Pilot Rules.............................................Part 88
Application for a Certificate of Alternative Compliance.............89.5
Approval [Reserved].........................................84.25, 86.31

                                 B

Bell or Gong...................................................Subpart B

                                 C

Certificate of Alternative Compliance..........................Subpart A
Certificate of Alternative Compliance: Contents.....................89.9
Certificate of Alternative Compliance: Termination.................89.17
Color specifications of lights.....................................84.13
Combined whistle systems...........................................86.13
Construction.......................................................86.23
Copy of rules......................................................88.05

                                 D

Definitions....................................84.01, 88.03, 89.1, 89.23
Details of location of direction-indicating lights for fishing 
vessels, dredgers, and vessels engaged in underwater operations....84.07
Directional properties.............................................86.07

                                 E

Exclusive use.......................................................87.3

                                 F

Fitting of more than one whistle...................................86.11
Frequencies and range of audibility................................86.01

                                 H

Horizontal positioning and spacing of lights.......................84.05
Horizontal sectors.................................................84.17

[[Page 228]]

                                 I

Inland Navigation Rules: Implementing Rules......................Part 89
Inland Navigation Rules: Interpretative Rules....................Part 90
Intensity of lights................................................84.15
Intensity of non-electric lights...................................84.21
Intensity of signal................................................86.21

                                 L

Law enforcement vessels............................................88.11
Lights on barges at bank or dock...................................88.13
Lights on dredge pipelines.........................................88.15
Limits of fundamental frequencies..................................86.03

                                 M

Maneuvering light..................................................84.23

                                 N

Need of assistance..................................................87.1

                                 P

Positioning of whistles............................................86.09
Public safety activities...........................................88.12
Purpose and applicability..........................................88.01
Pushing vessel and vessel being pushed: Composite unit..............90.3

                                 R

Record of certification of vessels of special construction or 
purpose............................................................89.18

                                 S

Screens............................................................84.09
Shapes.............................................................84.11
Signal for purse seiners............................................85.5
Signal for trawlers.................................................85.3
Sound signal intensity and range of audibility.....................86.05
Supplemental signals................................................87.5

                                 T

Temporary exemption from light and shape requirements when 
operating under bridges............................................88.09
Towing vessel whistles.............................................86.15

                                 V

Vertical positioning and spacing of lights.........................84.03
Vertical sectors...................................................84.19

                                 W

Waters Upon Which Certain Inland Navigation Rules Apply.....89.25, 89.27
Whistles...............................................Part 86-subpart A

[[Page 229]]



                SUBCHAPTER F_VESSEL OPERATING REGULATIONS





PART 95_OPERATING A VESSEL WHILE UNDER THE INFLUENCE OF ALCOHOL OR A 
DANGEROUS DRUG--Table of Contents




Sec.
95.001 Purpose.
95.005 Applicability.
95.010 Definition of terms as used in this part.
95.015 Operating a vessel.
95.020 Standard for under the influence of alcohol or a dangerous drug.
95.025 Adoption of State blood alcohol concentration levels.
95.030 Evidence of under the influence of alcohol or a dangerous drug.
95.035 Reasonable cause for directing a chemical test.
95.040 Refusal to submit to testing.
95.045 General operating rules for vessels inspected, or subject to 
          inspection, under Chapter 33 of Title 46 United States Code.
95.050 Responsibility for compliance.

    Authority: 33 U.S.C. 2071; 46 U.S.C. 2302; Department of Homeland 
Security Delegation No. 0170.

    Source: CGD 84-099, 52 FR 47532, Dec. 14, 1987, unless otherwise 
noted.



Sec. 95.001  Purpose.

    (a) The purpose of this part is to establish under the influence of 
alcohol or a dangerous drug standards under 46 U.S.C. 2302 and to 
prescribe restrictions and responsibilities for personnel on vessels 
inspected, or subject to inspection, under Chapter 33 of Title 46 United 
States Code. This part does not pre-empt enforcement by a State of its 
applicable laws and regulations concerning operating a recreational 
vessel while under the influence of alcohol or a dangerous drug.
    (b) Nothing in this part shall be construed as limiting the 
authority of a vessel's marine employer to limit or prohibit the use or 
possession of alcohol on board a vessel.

[CGD 84-099, 52 FR 47532, Dec. 14, 1987, as amended by USCG-1998-4593, 
66 FR 1862, Jan. 10, 2001]



Sec. 95.005  Applicability.

    (a) This part is applicable to a vessel (except those excluded by 46 
U.S.C. 2109) operated on waters subject to the jurisdiction of the 
United States, and to a vessel owned in the United States on the high 
seas. This includes a foreign vessel operated on waters subject to the 
jurisdiction of the United States.
    (b) This part is also applicable at all times to vessels inspected, 
or subject to inspection, under Chapter 33 of Title 46 United States 
Code.

[CGD 84-099, 52 FR 47532, Dec. 14, 1987; CGD 84-009, 53 FR 13117, Apr. 
21, 1988]



Sec. 95.010  Definition of terms as used in this part.

    Alcohol means any form or derivative of ethyl alcohol (ethanol).
    Alcohol concentration means either grams of alcohol per 100 
milliliters of blood, or grams of alcohol per 210 liters of breath.
    Blood alcohol concentration level means a certain percentage of 
alcohol in the blood.
    Chemical test means a test which analyzes an individual's breath, 
blood, urine, saliva and/or other bodily fluids or tissues for evidence 
of drug or alcohol use.
    Controlled substance has the same meaning assigned by 21 U.S.C. 802 
and includes all substances listed on Schedules I through V as they may 
be revised from time to time (21 CFR Part 1308).
    Drug means any substance (other than alcohol) that has known mind or 
function-altering effects on a person, specifically including any 
psychoactive substance, and including, but not limited to, controlled 
substances.
    Intoxicant means any form of alcohol, drug or combination thereof.
    Law enforcement officer means a Coast Guard commissioned, warrant, 
or petty officer; or any other law enforcement officer authorized to 
obtain a chemical test under Federal, State, or local law.
    Marine employer means the owner, managing operator, charterer, 
agent, master, or person in charge of a vessel other than a recreational 
vessel.
    Recreational vessel means a vessel meeting the definition in 46 
U.S.C. 2101(25) that is then being used only for pleasure.

[[Page 230]]

    State means a State or Territory of the United States of America 
including but not limited to a State of the United States, American 
Samoa, the Commonwealth of the Northern Marianas Islands, District of 
Columbia, Guam, Puerto Rico, and the United States Virgin Islands.
    Under the influence means impaired or intoxicated by a drug or 
alcohol as a matter of law.
    Underway means that a vessel is not at anchor, or made fast to the 
shore, or aground.
    Vessel includes every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of transportation 
on water.
    Vessel owned in the United States means any vessel documented or 
numbered under the laws of the United States; and, any vessel owned by a 
citizen of the United States that is not documented or numbered by any 
nation.
    Waters subject to the jurisdiction of the United States means those 
waters described in Sec. 2.38 of this chapter.

[CGD 84-099, 52 FR 47532, Dec. 14, 1987; CGD 84-099, 53 FR 13117, April 
21, 1988, as amended by USCG-1998-4593, 66 FR 1862, Jan. 10, 2001; USCG-
2001-9044, 68 FR 42601, July 18, 2003]



Sec. 95.015  Operating a vessel.

    For purposes of this part, an individual is considered to be 
operating a vessel when:
    (a) The individual has an essential role in the operation of a 
recreational vessel underway, including but not limited to navigation of 
the vessel or control of the vessel's propulsion system.
    (b) The individual is a crewmember (including a licensed 
individual), pilot, or watchstander not a regular member of the crew, of 
a vessel other than a recreational vessel.



Sec. 95.020  Standard for under the influence of alcohol or a dangerous 
drug.

    An individual is under the influence of alcohol or a dangerous drug 
when:
    (a) The individual is operating a recreational vessel and has a 
Blood Alcohol Concentration (BAC) level of .08 percent or more, by 
weight, in their blood;
    (b) The individual is operating a vessel other than a recreational 
vessel and has an alcohol concentration of .04 percent by weight or more 
in their blood; or,
    (c) The individual is operating any vessel and the effect of the 
intoxicant(s) consumed by the individual on the person's manner, 
disposition, speech, muscular movement, general appearance or behavior 
is apparent by observation.

[CGD 84-099, 52 FR 47532, Dec. 14, 1987; CGD 84-099, 53 FR 13117, April 
21, 1988, as amended by USCG-1998-4593, 66 FR 1862, Jan. 10, 2001]



Sec. 95.025  Adoption of State blood alcohol concentration levels.

    (a) This section applies to operators of recreational vessels on 
waters within the geographical boundaries of any State that has 
established by statute a blood alcohol concentration level for purposes 
of determining whether a person is operating a vessel under the 
influence of alcohol.
    (b) If the applicable State statute establishes a blood alcohol 
concentration level at which a person is considered or presumed to be 
under the influence of alcohol, then that level applies within the 
geographical boundaries of that State instead of the level provided in 
Sec. 95.020(a) of this part.
    (c) For the purposes of this part, a standard established by State 
statute and adopted under this section is applicable to the operation of 
any recreational vessel on waters within the geographical boundaries of 
the State.

[CGD 84-099, 52 FR 47532, Dec. 14, 1987, as amended by USCG-1998-4593, 
66 FR 1862, Jan. 10, 2001]



Sec. 95.030  Evidence of under the influence of alcohol or a dangerous 
drug.

    Acceptable evidence of when a vessel operator is under the influence 
of alcohol or a dangerous drug includes, but is not limited to:
    (a) Personal observation of an individual's manner, disposition, 
speech, muscular movement, general appearance, or behavior; or,
    (b) A chemical test.

[CGD 84-099, 53 FR 13117, April 21, 1988; CGD 84-009, 53 FR 13117, Apr. 
21, 1988, as amended by USCG-1998-4593, 66 FR 1862, Jan. 10, 2001]

[[Page 231]]



Sec. 95.035  Reasonable cause for directing a chemical test.

    (a) Only a law enforcement officer or a marine employer may direct 
an individual operating a vessel to undergo a chemical test when 
reasonable cause exists. Reasonable cause exists when:
    (1) The individual was directly involved in the occurrence of a 
marine casualty as defined in Chapter 61 of Title 46, United States 
Code, or
    (2) The individual is suspected of being in violation of the 
standards in Sec. Sec. 95.020 or 95.025.
    (b) When an individual is directed to undergo a chemical test, the 
individual to be tested must be informed of that fact and directed to 
undergo a test as soon as is practicable.
    (c) When practicable, a marine employer should base a determination 
of the existence of reasonable cause, under paragraph (a)(2) of this 
section, on observation by two persons.

[CGD 84-099, FR 47532, Dec. 14, 1987; CGD 84-099, 53 FR 13117, Apr. 1, 
1988]



Sec. 95.040  Refusal to submit to testing.

    (a) If an individual refuses to submit to or cooperate in the 
administration of a timely chemical test when directed by a law 
enforcement officer based on reasonable cause, evidence of the refusal 
is admissible in evidence in any administrative proceeding and the 
individual will be presumed to be under the influence of alcohol or a 
dangerous drug.
    (b) If an individual refuses to submit to or cooperate in the 
administration of a timely chemical test when directed by the marine 
employer based on reasonable cause, evidence of the refusal is 
admissible in evidence in any administrative proceeding.

[CGD 84-099, 52 FR 47532, Dec. 14, 1987, as amended by USCG-1998-4593, 
66 FR 1862, Jan. 10, 2001]



Sec. 95.045  General operating rules for vessels inspected, or subject 
to inspection, under Chapter 33 of Title 46 United States Code.

    While on board a vessel inspected, or subject to inspection, under 
Chapter 33 of Title 46 United States Code, a crewmember (including a 
licensed individual), pilot, or watchstander not a regular member of the 
crew:
    (a) Shall not perform or attempt to perform any scheduled duties 
within four hours of consuming any alcohol;
    (b) Shall not be intoxicated at any time;
    (c) Shall not consume any intoxicant while on watch or duty; and
    (d) May consume a legal non-prescription or prescription drug 
provided the drug does not cause the individual to be intoxicated.



Sec. 95.050  Responsibility for compliance.

    (a) The marine employer shall exercise due diligence to assure 
compliance with the applicable provisions of this part.
    (b) If the marine employer has reason to believe that an individual 
is intoxicated, the marine employer shall not allow that individual to 
stand watch or perform other duties.



PART 96_RULES FOR THE SAFE OPERATION OF VESSELS AND SAFETY MANAGEMENT 
SYSTEMS--Table of Contents




                            Subpart A_General

Sec.
96.100 Purpose.
96.110 Who does this subpart apply to?
96.120 Definitions.
96.130 Incorporation by reference.

         Subpart B_Company and Vessel Safety Management Systems

96.200 Purpose.
96.210 Who does this subpart apply to?
96.220 What makes up a safety management system?
96.230 What objectives must a safety management system meet?
96.240 What functional requirements must a safety management system 
          meet?
96.250 What documents and reports must a safety management system have?

    Subpart C_How Will Safety Management Systems Be Certificated and 
                                Enforced?

96.300 Purpose.
96.310 Who does this subpart apply to?
96.320 What is involved to complete a safety management audit and when 
          is it required to be completed?
96.330 Document of Compliance certificate: what is it and when is it 
          needed?
96.340 Safety Management Certificate: what is it and when is it needed?

[[Page 232]]

96.350 Interim Document of Compliance certificate: what is it and when 
          can it be used?
96.360 Interim Safety Management Certificate: what is it and when can it 
          be used?
96.370 What are the requirements for vessels of countries not party to 
          Chapter IX of SOLAS?
96.380 How will the Coast Guard handle compliance and enforcement of 
          these regulations?
96.390 When will the Coast Guard deny entry into a U.S. port?

Subpart D_Authorization of Recognized Organizations To Act on Behalf of 
                                the U.S.

96.400 Purpose.
96.410 Who does this regulation apply to?
96.420 What authority may an organization ask for under this regulation?
96.430 How does an organization submit a request to be authorized?
96.440 How will the Coast Guard decide whether to approve an 
          organization's request to be authorized?
96.450 What happens if the Coast Guard disapproves an organization's 
          request to be authorized?
96.460 How will I know what the Coast Guard requires of my organization 
          if my organization receives authorization?
96.470 How does the Coast Guard terminate an organization's 
          authorization?
96.480 What is the status of a certificate if the issuing organization 
          has its authority terminated?
96.490 What further obligations exist for my organization if the Coast 
          Guard terminates its authorization?
96.495 How can I appeal a decision made by an authorized organization?

    Authority: 46 U.S.C. 3201 et. seq.; 46 U.S.C. 3103; 46 U.S.C. 3316, 
33 U.S.C. 1231; 49 CFR 1.45, 49 CFR 1.46.

    Source: CGD 95-073, 62 FR 67506, Dec. 24, 1997, unless otherwise 
noted.



                            Subpart A_General



Sec. 96.100  Purpose.

    This subpart implements Chapter IX of the International Convention 
for the Safety of Life at Sea (SOLAS), 1974, International Management 
Code for the Safe Operation of Ships and for Pollution Prevention 
(International Safety Management (ISM) Code), as required by 46 U.S.C. 
Chapter 32.

    Note: Chapter IX of SOLAS is available from the International 
Maritime Organization, Publication Section, 4 Albert Embankment, London, 
SE1 75R, United Kingdom, Telex 23588. Please include document reference 
number ``IMO-190E'' in your request.



Sec. 96.110  Who does this subpart apply to?

    This subpart applies to you if--
    (a) You are a responsible person who owns a U.S. vessel(s) and must 
comply with Chapter IX of SOLAS;
    (b) You are a responsible person who owns a U.S. vessel(s) that is 
not required to comply with Chapter IX of SOLAS, but requests 
application of this subpart;
    (c) You are a responsible person who owns a foreign vessel(s) 
engaged on a foreign voyage, bound for ports or places under the 
jurisdiction of the U.S., which must comply with Chapter IX of SOLAS; or
    (d) You are a recognized organization applying for authorization to 
act on behalf of the U.S. to conduct safety management audits and issue 
international convention certificates.



Sec. 96.120  Definitions.

    (a) Unless otherwise stated in this section, the definitions in 
Chapter IX, Regulation 1 of the International Convention for the Safety 
of Life at Sea (SOLAS) apply to this part.
    (b) As used in this part--
    Administration means the Government of the State whose flag the ship 
is entitled to fly.
    Authorized Organization Acting on behalf of the U.S. means an 
organization that is recognized by the Commandant of the U.S. Coast 
Guard under the minimum standards of subparts A and B of 46 CFR part 8, 
and has been authorized under this section to conduct certain actions 
and certifications on behalf of the United States.
    Captain of the Port (COTP) means the U.S. Coast Guard officer as 
described in 33 CFR 6.01-3, commanding a Captain of the Port zone 
described in 33 CFR part 3, or that person's authorized representative.
    Commandant means the Commandant, U.S. Coast Guard.
    Company means the owner of a vessel, or any other organization or 
person such as the manager or the bareboat charterer of a vessel, who 
has assumed the responsibility for operation of the vessel from the 
shipowner and who on

[[Page 233]]

assuming responsibility has agreed to take over all the duties and 
responsibilities imposed by this part or the ISM Code.
    Designated person means a person or persons designated in writing by 
the responsible person who monitors the safety management system of the 
company and vessel and has:
    (1) Direct access to communicate with the highest levels of the 
company and with all management levels ashore and aboard the company's 
vessel(s);
    (2) Responsibility to monitor the safety and environmental aspects 
of the operation of each vessel; and
    (3) Responsibility to ensure there are adequate support and shore-
based resources for vessel(s) operations.
    Document of Compliance means a certificate issued to a company or 
responsible person that complies with the requirements of this part or 
the ISM Code.
    International Safety Management (ISM) Code means the International 
Management Code for the Safe Operation of Ships and Pollution 
Prevention, Chapter IX of the Annex to the International Convention for 
the Safety of Life at Sea (SOLAS), 1974.
    Non-conformity means an observed situation where objective evidence 
indicates the non-fulfillment of a specified requirement.
    Major non-conformity means an identifiable deviation which poses a 
serious threat to personnel or vessel safety or a serious risk to the 
environment and requires immediate corrective action; in addition, the 
lack of effective and systematic implementation of a requirement of the 
ISM Code is also considered a major non-conformity.
    Objective Evidence means quantitative or qualitative information, 
records or statements of fact pertaining to safety or to the existence 
and implementation of a safety management system element, which is based 
on observation, measurement or test and which can be verified.
    Officer In Charge, Marine Inspection (OCMI) means the U.S. Coast 
Guard officer as described in 46 CFR 1.01-15(b), in charge of an 
inspection zone described in 33 CFR part 3, or that person's authorized 
representative.
    Recognized organization means an organization which has applied and 
been recognized by the Commandant of the Coast Guard to meet the minimum 
standards of 46 CFR part 8, subparts A and B.
    Responsible person means--
    (1) The owner of a vessel to whom this part applies, or
    (2) Any other person that--
    (i) has assumed the responsibility from the owner for operation of 
the vessel to which this part applies; and
    (ii) agreed to assume, with respect to the vessel, responsibility 
for complying with all the requirements of this part.
    (3) A responsible person may be a company, firm, corporation, 
association, partnership or individual.
    Safety management audit means a systematic and independent 
examination to determine whether the safety management system activities 
and related results comply with planned arrangements and whether these 
arrangements are implemented effectively and are suitable to achieve 
objectives.
    Safety Management Certificate means a document issued to a vessel 
which signifies that the responsible person or its company, and the 
vessel's shipboard management operate in accordance with the approved 
safety management system.
    Safety Management System means a structured and documented system 
enabling Company and vessel personnel to effectively implement the 
responsible person's safety and environmental protection policies.
    SOLAS means the International Convention for the Safety of Life at 
Sea, 1974, as amended.
    Vessel engaged on a foreign voyage means a vessel to which this part 
applies that is--
    (1) Arriving at a place under the jurisdiction of the United States 
from a place in a foreign country;
    (2) Making a voyage between places outside the United States; or
    (3) Departing from a place under the jurisdiction of the United 
States for a place in a foreign country.



Sec. 96.130  Incorporation by reference.

    (a) The Director of the Federal Register approves certain material 
that is

[[Page 234]]

incorporated by reference into this subpart under 5 U.S.C. 552(a) and 1 
CFR part 51. To enforce any edition other than that specified in 
paragraph (b) of this section, the Coast Guard must publish notice of 
the change in the Federal Register and the material must be available to 
the public. You may inspect all material at the U.S. Coast Guard, Office 
of Design and Engineering Standards (G-MSE), 2100 Second St., SW., 
Washington, DC 20593-0001, or at the National Archives and Records 
Administration (NARA), and receive it from the source listed in 
paragraph (b) of this section. For information on the availability of 
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html.
    (b) The material approved for incorporation by reference in this 
subpart and the sections affected are as follows:

American National Standards Institute (ANSI)--11 West 42nd St., New 
          York, NY 10036.

    ANSI/ASQC Q9001-1994, Quality Systems--Model for Quality Assurance 
in Design, Development, Production, Installation, and Servicing, 1994--
96.430

International Maritime Organization IMO--4 Albert Embankment, London, 
          SE1 7SR, United Kingdom.

    Resolution A.741(18), International Management Code for the Safe 
Operation of Ships and for Pollution Prevention, November 4, 1993--
96.220, 96.370
    Resolution A.788 (19), Guidelines on Implementation of the 
International Safety Management (ISM) Code by Administrations, November 
23, 1995--96.320, 96.440
    Resolution A.739(18), Guidelines for the Authorization of 
Organizations Acting on Behalf of the Administration, November 4, 1993--
96.440

[CGD 95-073, 62 FR 67506, Dec. 24, 1997, as amended at 69 FR 18803, Apr. 
9, 2004]



         Subpart B_Company and Vessel Safety Management Systems



Sec. 96.200  Purpose.

    This subpart establishes the minimum standards that the safety 
management system of a company and its U.S. flag vessel(s) must meet for 
certification to comply with the requirements of 46 U.S.C. 3201-3205 and 
Chapter IX of SOLAS, 1974. It also permits companies with U.S. flag 
vessels that are not required to comply with this part to voluntarily 
develop safety management systems which can be certificated to standards 
consistent with Chapter IX of SOLAS.



Sec. 96.210  Who does this subpart apply to?

    (a) This subpart applies--
    (1) To a responsible person who owns or operates a U.S. vessel(s) 
engaged on a foreign voyage which meet the conditions of paragraph 
(a)(2) of this section;
    (2) To all U.S. vessels engaged on a foreign voyage that are--
    (i) A vessel transporting more than 12 passengers; or
    (ii) A tanker, a bulk freight vessel, a freight vessel or a self-
propelled mobile offshore drilling unit (MODU) of 500 gross tons or 
more; and
    (3) To all foreign vessels engaged on a foreign voyage, bound for 
ports or places under the jurisdiction of the U.S., and subject to 
Chapter IX of SOLAS.
    (b) This subpart does not apply to--
    (1) A barge;
    (2) A recreational vessel not engaged in commercial service;
    (3) A fishing vessel;
    (4) A vessel operating only on the Great Lakes or its tributary and 
connecting waters; or
    (5) A public vessel, which includes a U.S. vessel of the National 
Defense Reserve Fleet owned by the U.S. Maritime Administration and 
operated in non-commercial service.
    (c) Any responsible person and their company who owns and operates a 
U.S. flag vessel(s) which does not meet the conditions of paragraph (a), 
may voluntarily meet the standards of this part and Chapter IX of SOLAS 
and have their safety management systems certificated.
    (d) The compliance date for the requirements of this part are--
    (1) On or after July 1, 1998, for--
    (i) Vessels transporting more than 12 passengers engaged on a 
foreign voyage; or
    (ii) Tankers, bulk freight vessels, or high speed freight vessels of 
at least 500 gross tons or more, engaged on a foreign voyage.

[[Page 235]]

    (2) On or after July 1, 2002, for other freight vessels and self-
propelled mobile offshore drilling units (MODUs) of at least 500 gross 
tons or more, engaged on a foreign voyage.



Sec. 96.220  What makes up a safety management system?

    (a) The safety management system must document the responsible 
person's--
    (1) Safety and pollution prevention policy;
    (2) Functional safety and operational requirements;
    (3) Recordkeeping responsibilities; and
    (4) Reporting responsibilities.
    (b) A safety management system must also be consistent with the 
functional standards and performance elements of IMO Resolution 
A.741(18).



Sec. 96.230  What objectives must a safety management system meet?

    The safety management system must:
    (a) Provide for safe practices in vessel operation and a safe work 
environment onboard the type of vessel the system is developed for;
    (b) Establish and implement safeguards against all identified risks;
    (c) Establish and implement actions to continuously improve safety 
management skills of personnel ashore and aboard vessels, including 
preparation for emergencies related to both safety and environmental 
protection; and
    (d) Ensure compliance with mandatory rules and regulations, taking 
into account relevant national and international regulations, standards, 
codes and maritime industry guidelines, when developing procedures and 
policies for the safety management system.



Sec. 96.240  What functional requirements must a safety management 
system meet?

    The functional requirements of a safety management system must 
include--
    (a) A written statement from the responsible person stating the 
company's safety and environmental protection policy;
    (b) Instructions and procedures to provide direction for the safe 
operation of the vessel and protection of the environment in compliance 
with the applicable U.S. Code of Federal Regulations, and international 
conventions to which the U.S. is a party (SOLAS, MARPOL, etc.);
    (c) Documents showing the levels of authority and lines of 
communication between shoreside and shipboard personnel;
    (d) Procedures for reporting accidents, near accidents, and non-
conformities with provisions of the company's and vessel's safety 
management system, and the ISM Code;
    (e) Procedures to prepare for and respond to emergency situations by 
shoreside and shipboard personnel;
    (f) Procedures for internal audits on the operation of the company 
and vessel(s) safety management system; and
    (g) Procedures and processes for management review of company 
internal audit reports and correction of non-conformities that are 
reported by these or other reports.



Sec. 96.250  What documents and reports must a safety management system 
have?

    The documents and reports required for a safety management system 
under Sec. 96.330 or Sec.  96.340 must include the written documents 
and reports itemized in Table 96.250. These documents and reports must 
be available to the company's shore-based and vessel(s)-based personnel:

      Table 96.250--Safety Management System Documents and Reports
------------------------------------------------------------------------
     Type of documents and reports            Specific requirements
------------------------------------------------------------------------
(a) Safety and environmental policy      (1) Meet the objectives of Sec.
 statements.                                96.230; and
                                         (2) Are carried out and kept
                                          current at all levels of the
                                          company;

[[Page 236]]

 
(b) Company responsibilities and         (1) The owners name and details
 authority statements.                    of responsibility for
                                          operation of the company and
                                          vessel(s);
                                         (2) Name of the person
                                          responsible for operation of
                                          the company and vessel(s), if
                                          not the owner;
                                         (3) Responsibility, authority
                                          and interrelations of all
                                          personnel who manage, perform,
                                          and verify work relating to
                                          and affecting the safety and
                                          pollution prevention
                                          operations of the company and
                                          vessel(s); and
                                         (4) A statement describing the
                                          company's responsibility to
                                          ensure adequate resources and
                                          shore-based support are
                                          provided to enable the
                                          designated person or persons
                                          to carry out the
                                          responsibilities of this
                                          subpart.
(c) Designation in writing of a person   (1) Have direct access to
 or persons to monitor the safety         communicate with the highest
 management system for the company and    levels of the company and with
 vessel(s).                               all management levels ashore
                                          and aboard the company's
                                          vessel(s);
                                         (2) Have the written
                                          responsibility to monitor the
                                          safety and environmental
                                          aspects of the operation of
                                          each vessel; and
                                         (3) Have the written
                                          responsibility to ensure there
                                          are adequate support and shore-
                                          based resources for vessel(s)
                                          operations.
(d) Written statements that define the   (1) Carry out the company's
 Master's responsibilities and            safety and environmental
 authorities.                             policies;
                                         (2) Motivate the vessel's crew
                                          to observe the safety
                                          management system policies;
                                         (3) Issue orders and
                                          instructions in a clear and
                                          simple manner;
                                         (4) Make sure that specific
                                          requirements are carried out
                                          by the vessel's crew and shore-
                                          based resources; and
                                         (5) Review the safety
                                          management system and report
                                          non-conformities to shore-
                                          based management.
(e) Written statements that the Master   (1) Ability to make decisions
 has overriding responsibility and        about safety and environmental
 authority to make vessel decisions.      pollution; and
                                         (2) Ability to request the
                                          company's help when necessary.
(f) Personnel procedures and resources   (1) Masters of vessels are
 which are available ashore and aboard    properly qualified for
 ship..                                   command;
                                         (2) Masters of vessels know the
                                          company's safety management
                                          system;
                                         (3) Owners or companies provide
                                          the necessary support so that
                                          the Master's duties can be
                                          safely performed;
                                         (4) Each vessel is properly
                                          crewed with qualified,
                                          certificated and medically fit
                                          seafarers complying with
                                          national and international
                                          requirements;
                                         (5) New personnel and personnel
                                          transferred to new assignments
                                          involving safety and
                                          protection of the environment
                                          are properly introduced to
                                          their duties;
                                         (6) Personnel involved with the
                                          company's safety management
                                          system have an adequate
                                          understanding of the relevant
                                          rules, regulations, codes and
                                          guidelines;
                                         (7) Needed training is
                                          identified to support the
                                          safety management system and
                                          ensure that the training is
                                          provided for all personnel
                                          concerned;
                                         (8) Communication of relevant
                                          procedures for the vessel's
                                          personnel involved with the
                                          safety management system is in
                                          the language(s) understood by
                                          them; and
                                         (9) Personnel are able to
                                          communicate effectively when
                                          carrying out their duties as
                                          related to the safety
                                          management system.
(g) Vessel safety and pollution          (1) Define tasks; and
 prevention operation plans and          (2) Assign qualified personnel
 instructions for key shipboard           to specific tasks.
 operations..
(h) Emergency preparedness procedures..  (1) Identify, describe and
                                          direct response to potential
                                          emergency shipboard
                                          situations;
                                         (2) Set up programs for drills
                                          and exercises to prepare for
                                          emergency actions; and
                                         (3) Make sure that the
                                          company's organization can
                                          respond at anytime, to
                                          hazards, accidents and
                                          emergency situations involving
                                          their vessel(s).
(i) Reporting procedures on required     (1) Report non-conformities of
 actions..                                the safety management system;
                                         (2) Report accidents;
                                         (3) Report hazardous situations
                                          to the owner or company; and
                                         (4) Make sure reported items
                                          are investigated and analyzed
                                          with the objective of
                                          improving safety and pollution
                                          prevention.

[[Page 237]]

 
(j) Vessel maintenance procedures.       (1) Inspect vessel's equipment,
 (These procedures verify that a          hull, and machinery at
 company's vessel(s) is maintained in     appropriate intervals;
 conformity with the provisions of       (2) Report any non-conformity
 relevant rules and regulations, with     or deficiency with its
 any additional requirements which may    possible cause, if known;
 be established by the company.).        (3) Take appropriate corrective
                                          actions;
                                         (4) Keep records of these
                                          activities;
                                         (5) Identify specific equipment
                                          and technical systems that may
                                          result in a hazardous
                                          situation if a sudden
                                          operational failure occurs;
                                         (6) Identify measures that
                                          promote the reliability of the
                                          equipment and technical
                                          systems identified in
                                          paragraph (j)(5), and
                                          regularly test standby
                                          arrangements and equipment or
                                          technical systems not in
                                          continuous use; and
                                         (7) Include the inspections
                                          required by this section into
                                          the vessel's operational
                                          maintenance routine.
(k) Safety management system document    (1) Procedures which establish
 and data maintenance.                    and maintain control of all
                                          documents and data relevant to
                                          the safety management system.
                                         (2) Documents are available at
                                          all relevant locations, i.e.,
                                          each vessel carries on board
                                          all documents relevant to that
                                          vessels operation;
                                         (3) Changes to documents are
                                          reviewed and approved by
                                          authorized personnel; and
                                         (4) Outdated documents are
                                          promptly removed.
(l) Safety management system internal    (1) Periodic evaluation of the
 audits which verify the safety and       safety management system's
 pollution prevention activities.         efficiency and review of the
                                          system in accordance with the
                                          established procedures of the
                                          company, when needed;
                                         (2) Types and frequency of
                                          internal audits, when they are
                                          required, how they are
                                          reported, and possible
                                          corrective actions, if
                                          necessary;
                                         (3) Determining factors for the
                                          selection of personnel,
                                          independent of the area being
                                          audited, to complete internal
                                          company and vessel audits; and
                                         (4) Communication and reporting
                                          of internal audit findings for
                                          critical management review and
                                          to ensure management personnel
                                          of the area audited take
                                          timely and corrective action
                                          on non-conformities or
                                          deficiencies found.
------------------------------------------------------------------------
Note: The documents and reports required by this part are for the
  purpose of promoting safety of life and property at sea, as well as
  protection of the environment. The documents and reports are intended
  to ensure the communication and understanding of company and vessel
  safety management systems, which will allow a measure of the systems
  effectiveness and its responsible person to continuously improve the
  system and safety the system provides.



    Subpart C_How Will Safety Management Systems Be Certificated and 
                                Enforced?



Sec. 96.300  Purpose.

    This subpart establishes the standards for the responsible person of 
a company and its vessel(s) to obtain the required and voluntary, 
national and international certification for the company's and vessel's 
safety management system.



Sec. 96.310  Who does this subpart apply to?

    This subpart applies:
    (a) If you are a responsible person who owns a vessel(s) registered 
in the U.S. and engaged on a foreign voyage(s), or holds certificates or 
endorsement of such voyages;
    (b) If you are a responsible person who owns a vessel(s) registered 
in the U.S. and volunteer to meet the standards of this part and Chapter 
IX of SOLAS;
    (c) To all foreign vessels engaged on a foreign voyage, bound for 
ports or places under the jurisdiction of the U.S., and subject to 
Chapter IX of SOLAS; or
    (d) If you are a recognized organization authorized by the U.S. to 
complete safety management audits and certification required by this 
part.



Sec. 96.320  What is involved to complete a safety management audit and 
when is it required to be completed?

    (a) A safety management audit is any of the following:
    (1) An initial audit which is carried out before a Document of 
Compliance

[[Page 238]]

certificate or a Safety Management Certificate is issued;
    (2) A renewal audit which is carried out before the renewal of a 
Document of Compliance certificate or a Safety Management Certificate;
    (3) Periodic audits including--
    (i) An annual verification audit, as described in Sec. 96.330(f) of 
this part, and
    (ii) An intermediate verification audit, as described in Sec. 
96.340(e)(2) of this part.
    (b) A satisfactory audit means that the auditor(s) agrees that the 
requirements of this part are met, based on review and verification of 
the procedures and documents that make up the safety management system.
    (c) Actions required during safety management audits for a company 
and their U.S. vessel(s) are--
    (1) Review and verify the procedures and documents that make up a 
safety management system, as defined in subpart B of this part.
    (2) Make sure the audit complies with this subpart and is consistent 
with IMO Resolution A.788(19), Guidelines on Implementation of the 
International Safety Management (ISM) Code by Administrations.
    (3) Make sure the audit is carried out by a team of Coast Guard 
auditors or auditors assigned by a recognized organization authorized to 
complete such actions by subpart D of this part.
    (d) Safety management audits for a company and their U.S. vessel(s) 
are required--
    (1) Before issuing or renewing a Document of Compliance certificate, 
and to keep a Document of Compliance certificate valid, as described in 
Sec. Sec. 96.330 and 96.340 of this part.
    (2) Before issuing or renewing a Safety Management Certificate, and 
to maintain the validity of a Safety Management Certificate, as 
described in Sec. 96.340 of this part.


However, any safety management audit for the purpose of verifying a 
vessel's safety management system will not be scheduled or conducted for 
a company's U.S. vessel unless the company first has undergone a safety 
management audit of the company's safety management system, and has 
received its Document of Compliance certificate.
    (e) Requests for all safety management audits for a company and its 
U.S. vessel(s) must be communicated--
    (1) By a responsible person directly to a recognized organization 
authorized by the U.S.
    (2) By a responsible person within the time limits for an annual 
verification audit, described in Sec. 96.330(f) of this part, and for 
an intermediate verification audit, described in Sec. 96.340(e)(2) of 
this part. If he or she does not make a request for a safety management 
annual or verification audit for a valid Document of Compliance 
certificate issued to a company or a valid Safety Management Certificate 
issued to a vessel, this is cause for the Coast Guard to revoke the 
certificate as described in Sec. Sec. 96.330 and 96.340 of this part.
    (f) If a non-conformity with a safety management system is found 
during an audit, it must be reported in writing by the auditor:
    (1) For a company's safety management system audit, to the company's 
owner; and
    (2) For a vessel's safety management system audit, to the company's 
owner and vessel's Master.



Sec. 96.330  Document of Compliance certificate: what is it and when 
is it needed?

    (a) You must hold a valid Document of Compliance certificate if you 
are the responsible person who, or company which, owns a U.S. vessel 
engaged on foreign voyages, carrying more than 12 passengers, or is a 
tanker, bulk freight vessel, freight vessel, or a self-propelled mobile 
offshore drilling unit of 500 gross tons or more.
    (b) You may voluntarily hold a valid Document of Compliance 
certificate, if you are a responsible person who, or a company which, 
owns a U.S. vessel not included in paragraph (a) of this section.
    (c) You will be issued a Document of Compliance certificate only 
after you complete a satisfactory safety management audit as described 
in Sec. 96.320 of this part.
    (d) All U.S. and foreign vessels that carry more than 12 passengers 
or a tanker, bulk freight vessel, freight vessel, or a self-propelled 
mobile offshore

[[Page 239]]

drilling unit of 500 gross tons or more, must carry a valid copy of the 
company's Document of Compliance certificate onboard when on a foreign 
voyage.
    (e) A valid Document of Compliance certificate covers the type of 
vessel(s) on which a company's safety management system initial safety 
management audit was based. The validity of the Document of Compliance 
certificate may be extended to cover additional types of vessels after a 
satisfactory safety management audit is completed on the company's 
safety management system which includes those additional vessel types.
    (f) A Document of Compliance certificate is valid for 60 months. The 
company's safety management system must be verified annually by the 
Coast Guard or by an authorized organization acting on behalf of the 
U.S. through a safety management verification audit, within three months 
before or after the certificate's anniversary date.
    (g) Only the Coast Guard may revoke a Document of Compliance 
certificate from a company which owns a U.S. vessel. The Document of 
Compliance certificate may be revoked if--
    (1) The annual safety management audit and system verification 
required by paragraph (f) of this section is not completed by the 
responsible person; or
    (2) Major non-conformities are found in the company's safety 
management system during a safety management audit or other related 
survey or inspection being completed by the Coast Guard or the 
recognized organization chosen by the company or responsible person.
    (3) The Coast Guard or an authorized organization acting on its 
behalf is denied, or restricted access to, any vessel, record or 
personnel of the company, at any time necessary to evaluate the safety 
management system.
    (h) When a company's valid Document of Compliance certificate is 
revoked by the Coast Guard, a satisfactory safety management audit must 
be completed before a new Document of Compliance certificate for the 
company's safety management system can be reissued.



Sec. 96.340  Safety Management Certificate: what is it and when is 
it needed?

    (a) Your U.S. vessel engaged on a foreign voyage must hold a valid 
Safety Management Certificate if it carries more than 12 passengers, or 
if it is a tanker, bulk freight vessel, freight vessel, or a self-
propelled mobile offshore drilling unit of 500 gross tons or more.
    (b) Your U.S. vessel may voluntarily hold a valid Safety Management 
Certificate even if your vessel is not required to by paragraph (a) of 
this section.
    (c) Your U.S. vessel may only be issued a Safety Management 
Certificate or have it renewed when your company holds a valid Document 
of Compliance certificate issued under Sec. 96.330 of this part and the 
vessel has completed a satisfactory safety management audit of the 
vessel's safety management system set out in Sec. 96.320 of this part.
    (d) A copy of your vessel's valid Safety Management Certificate must 
be on board all U.S. and foreign vessels which carry more than 12 
passengers, and must be on board a tanker, bulk freight vessel, freight 
vessel, or a self-propelled mobile offshore drilling unit of 500 gross 
tons or more, when engaged on foreign voyages or within U.S. waters.
    (e) A Safety Management Certificate is valid for 60 months. The 
validity of the Safety Management Certificate is based on--
    (1) A satisfactory initial safety management audit;
    (2) A satisfactory intermediate verification audit requested by the 
vessel's responsible person, completed between the 24th and 36th month 
of the certificate's period of validity; and
    (3) A vessel's company holding a valid Document of Compliance 
certificate. When a company's Document of Compliance certificate expires 
or is revoked, the Safety Management Certificate for the company-owned 
vessel(s) is invalid.
    (f) Renewal of a Safety Management Certificate requires the 
completion of a satisfactory safety management system audit which meets 
all of the requirements of subpart B in this part. A

[[Page 240]]

renewal of a Safety Management Certificate cannot be started unless the 
company which owns the vessel holds a valid Document of Compliance 
certificate.
    (g) Only the Coast Guard may revoke a Safety Management Certificate 
from a U.S. vessel. The Safety Management Certificate will be revoked 
if--
    (1) The vessel's responsible person has not completed an 
intermediate safety management audit required by paragraph (e)(2) of 
this section; or
    (2) Major non-conformities are found in the vessel's safety 
management system during a safety management audit or other related 
survey or inspection being completed by the Coast Guard or the 
recognized organization chosen by the vessel's responsible person.

[CGD 95-073, 62 FR 67506, Dec. 24, 1997, as amended by USCG-1999-5832, 
64 FR 34712, June 29, 1999]



Sec. 96.350  Interim Document of Compliance certificate: what is it 
and when can it be used?

    (a) An Interim Document of Compliance certificate may be issued to 
help set up a company's safety management system when--
    (1) A company is newly set up or in transition from an existing 
company into a new company; or
    (2) A new type of vessel is added to an existing safety management 
system and Document of Compliance certificate for a company.
    (b) A responsible person for a company operating a U.S. vessel(s) 
that meets the requirements of paragraph (a) of this section, may send a 
request to a recognized organization authorized to act on behalf of the 
U.S. to receive an Interim Document of Compliance certificate that is 
valid for a period up to 12 months. To be issued the Interim Document of 
Compliance certificate the vessel's company must--
    (1) Demonstrate to an auditor that the company has a safety 
management system that meets Sec. 96.230 of this part; and
    (2) Provide a plan for full implementation of a safety management 
system within the period that the Interim Document of Compliance 
certificate is valid.



Sec. 96.360  Interim Safety Management Certificate: what is it and when 
can it be used?

    (a) A responsible person may apply for an Interim Safety Management 
Certificate when--
    (1) A responsible person takes delivery of a new U.S. vessel; or
    (2) Takes responsibility for the management of a U.S. vessel which 
is new to the responsible person or their company.
    (b) An Interim Safety Management Certificate is valid for 6 months. 
It may be issued to a U.S. vessel which meets the conditions of 
paragraph (a) of this section, when--
    (1) The company's valid Document of Compliance certificate or 
Interim Document of Compliance certificate applies to that vessel type;
    (2) The company's safety management system for the vessel includes 
the key elements of a safety management system, set out in Sec. 96.220, 
applicable to this new type of vessel;
    (3) The company's safety management system has been assessed during 
the safety management audit to issue the Document of Compliance 
certificate or demonstrated for the issuance of the Interim Document of 
Compliance certificate;
    (4) The Master and senior officers of the vessel are familiar with 
the safety management system and the planned set up arrangements;
    (5) Written documented instructions have been extracted from the 
safety management system and given to the vessel prior to sailing;
    (6) The company plans an internal audit of the vessel within three 
months; and
    (7) The relevant information from the safety management system is 
written in English, and in any other language understood by the vessel's 
personnel.



Sec. 96.370  What are the requirements for vessels of countries not 
party to Chapter IX of SOLAS?

    (a) Each foreign vessel which carries more than 12 passengers, or is 
a tanker, bulk freight vessel, freight vessel, or self-propelled mobile 
offshore drilling unit of 500 gross tons or more, operated in U.S. 
waters, under the authority of a

[[Page 241]]

country not a party to Chapter IX of SOLAS must--
    (1) Have on board valid documentation showing that the vessel's 
company has a safety management system which was audited and assessed, 
consistent with the International Safety Management Code of IMO 
Resolution A.741(18);
    (2) Have on board valid documentation from a vessel's Flag 
Administration showing that the vessel's safety management system was 
audited and assessed to be consistent with the International Safety 
Management Code of IMO Resolution A.741(18); or
    (3) Show that evidence of compliance was issued by either a 
government that is party to SOLAS or an organization recognized to act 
on behalf of the vessel's Flag Administration.
    (b) Evidence of compliance must contain all of the information in, 
and have substantially the same format as a--
    (1) Document of Compliance certificate; and
    (2) Safety Management Certificate.
    (c) Failure to comply with this section will subject the vessel to 
the compliance and enforcement procedures of Sec. 96.380 of this part.



Sec. 96.380  How will the Coast Guard handle compliance and enforcement 
of these regulations?

    (a) While operating in waters under the jurisdiction of the United 
States, the Coast Guard may board a vessel to determine that--
    (1) Valid copies of the company's Document of Compliance certificate 
and Safety Management Certificate are on board, or evidence of the same 
for vessels from countries not party to Chapter IX of SOLAS; and
    (2) The vessel's crew or shore-based personnel are following the 
procedures and policies of the safety management system while operating 
the vessel or transferring cargoes.
    (b) A foreign vessel that does not comply with these regulations, or 
one on which the vessel's condition or use of its safety management 
system do not substantially agree with the particulars of the Document 
of Compliance certificate, Safety Management Certificate or other 
required evidence of compliance, may be detained by order of the COTP or 
OCMI. This may occur at the port or terminal where the violation is 
found until, in the opinion of the detaining authority, the vessel can 
go to sea without presenting an unreasonable threat of harm to the port, 
the marine environment, the vessel or its crew. The detention order may 
allow the vessel to go to another area of the port, if needed, rather 
than stay at the place where the violation was found.
    (c) If any vessel that must comply with this part or with the ISM 
Code does not have a Safety Management Certificate and a copy of its 
company's Document of Compliance certificate on board, a vessel owner, 
charterer, managing operator, agent, Master, or any other individual in 
charge of the vessel that is subject to this part, may be liable for a 
civil penalty under 46 U.S.C. 3318. For foreign vessels, the Coast Guard 
may request the Secretary of the Treasury to withhold or revoke the 
clearance required by 46 U.S.C. App. 91. The Coast Guard may ask the 
Secretary to permit the vessel's departure after the bond or other 
surety is filed.



Sec. 96.390  When will the Coast Guard deny entry into a U.S. port?

    (a) Except for a foreign vessel entering U.S. waters under force 
majeure, no vessel shall enter any port or terminal of the U.S. without 
a safety management system that has been properly certificated to this 
subpart or to the requirements of Chapter IX of SOLAS if--
    (1) It is engaged on a foreign voyage; and
    (2) It is carrying more than 12 passengers, or a tanker, bulk 
freight vessel, freight vessel, or self-propelled mobile offshore 
drilling unit of 500 gross tons or more.
    (b) The cognizant COTP will deny entry of a vessel into a port or 
terminal under the authority of 46 U.S.C. 3204(c), to any vessel that 
does not meet the requirements of paragraph (a) of this section.

[[Page 242]]



Subpart D_Authorization of Recognized Organizations To Act on Behalf of 
                                the U.S.



Sec. 96.400  Purpose.

    (a) This subpart establishes criteria and procedures for 
organizations recognized under 46 CFR part 8, subparts A and B, to be 
authorized by the Coast Guard to act on behalf of the U.S. The 
authorization is necessary in order for a recognized organization to 
perform safety management audits and certification functions delegated 
by the Coast Guard as described in this part.
    (b) To receive an up-to-date list of recognized organizations 
authorized to act under this subpart, send a self-addressed, stamped 
envelope and written request to the Commandant (G-MSE), 2100 Second 
Street SW., Washington, DC 20593-0001.



Sec. 96.410  Who does this regulation apply to?

    This subpart applies to all organizations recognized by the U.S. 
under 46 CFR part 8, subpart A and B, who wish to seek authorization to 
conduct safety management audits and issue relevant international safety 
certificates under the provisions of the ISM Code and voluntary 
certificates on behalf of the U.S.



Sec. 96.420  What authority may an organization ask for under this 
regulation?

    (a) An organization may request authorization to conduct safety 
management audits and to issue the following certificates:
    (1) Safety Management Certificate;
    (2) Document of Compliance certificate;
    (3) Interim Safety Management Certificate; and
    (4) Interim Document of Compliance certificate.
    (b) [Reserved]



Sec. 96.430  How does an organization submit a request to be authorized?

    (a) A recognized organization must send a written request for 
authorization to the Commandant (G-MSE), Office of Design and 
Engineering Standards, 2100 Second Street SW, Washington, DC 20593-0001. 
The request must include the following:
    (1) A statement describing what type of authorization the 
organization seeks;
    (2) Documents showing that--
    (i) The organization has an internal quality system with written 
policies, procedures and processes that meet the requirements in Sec. 
96.440 of this part for safety management auditing and certification; or
    (ii) The organization has an internal quality system based on ANSI/
ASQC C9001 for safety management auditing and certification; or
    (iii) The organization has an equivalent internal quality standard 
system recognized by the Coast Guard to complete safety management 
audits and certification.
    (3) A list of the organization's exclusive auditors qualified to 
complete safety management audits and their operational area; and
    (4) A written statement that the procedures and records of the 
recognized organization regarding its actions involving safety 
management system audits and certification are available for review 
annually and at any time deemed necessary by the Coast Guard.
    (b) If the organization is a foreign classification society that has 
been recognized under 46 CFR part 8, subparts A and B, and wishes to 
apply for authorization under this part, it must demonstrate the 
reciprocity required by 46 U.S.C. 3316 for ISM Code certification. The 
organization must provide, with its request for authorization an 
affidavit from the government of the country in which the classification 
society is headquartered. This affidavit must provide a list of 
authorized delegations by the flag state of the administration of the 
foreign classification society's country to the American Bureau of 
Shipping, and indicate any conditions related to the delegated 
authority. If this affidavit is not received with a request for 
authorization from a foreign classification society, the request for 
authorization will be disapproved and returned by the Coast Guard.

[[Page 243]]

    (c) Upon the satisfactory completion of the Coast Guard's evaluation 
of a request for authorization, the organization will be visited for an 
evaluation as described in Sec. 96.440(b) of this part.



Sec. 96.440  How will the Coast Guard decide whether to approve an 
organization's request to be authorized?

    (a) First, the Coast Guard will evaluate the organization's request 
for authorization and supporting written materials, looking for evidence 
of the following--
    (1) The organization's clear assignment of management duties;
    (2) Ethical standards for managers and auditors;
    (3) Procedures for auditor training, qualification, certification, 
and requalification that are consistent with recognized industry 
standards;
    (4) Procedures for auditing safety management systems that are 
consistent with recognized industry standards and IMO Resolution 
A.788(19);
    (5) Acceptable standards for internal auditing and management 
review;
    (6) Record-keeping standards for safety management auditing and 
certification;
    (7) Methods for reporting non-conformities and recording completion 
of remedial actions;
    (8) Methods for certifying safety management systems;
    (9) Methods for periodic and intermediate audits of safety 
management systems;
    (10) Methods for renewal audits of safety management systems;
    (11) Methods for handling appeals; and
    (12) Overall procedures consistent with IMO Resolution A.739(18), 
``Guidelines for the Authorization of Organizations Acting on Behalf of 
the Administration.''
    (b) After a favorable evaluation of the organization's written 
request, the Coast Guard will arrange to visit the organization's 
corporate offices and port offices for an on-site evaluation of 
operations.
    (c) When a request is approved, the recognized organization and the 
Coast Guard will enter into a written agreement. This agreement will 
define the scope, terms, conditions and requirements of the 
authorization. Conditions of this agreement are found in Sec. 96.460 of 
this part.



Sec. 96.450  What happens if the Coast Guard disapproves an 
organization's request to be authorized?

    (a) The Coast Guard will write to the organization explaining why it 
did not meet the criteria for authorization.
    (b) The organization may then correct the deficiencies and reapply.



Sec. 96.460  How will I know what the Coast Guard requires of my 
organization if my organization receives authorization?

    (a) Your organization will enter into a written agreement with the 
Coast Guard. This written agreement will specify--
    (1) How long the authorization is valid;
    (2) Which duties and responsibilities the organization may perform, 
and which certificates it may issue on behalf of the U.S.;
    (3) Reports and information the organization must send to the 
Commandant (G-MOC);
    (4) Actions the organization must take to renew the agreement when 
it expires; and
    (5) Actions the organization must take if the Coast Guard should 
revoke its authorization or recognition under 46 CFR part 8.
    (b) [Reserved]



Sec. 96.470  How does the Coast Guard terminate an organization's 
authorization?

    At least every 12 months, the Coast Guard evaluates organizations 
authorized under this subpart. If an organization fails to maintain 
acceptable standards, the Coast Guard may terminate that organization's 
authorization, remove the organization from the Commandant's list of 
recognized organizations, and further evaluate the organization's 
recognition under 46 CFR part 8.



Sec. 96.480  What is the status of a certificate if the issuing 
organization has its authority terminated?

    Any certificate issued by an organization authorized by the Coast 
Guard

[[Page 244]]

whose authorization is later terminated remains valid until--
    (a) Its original expiration date,
    (b) The date of the next periodic audit required to maintain the 
certificate's validity, or
    (c) Whichever of paragraphs (a) or (b) occurs first.



Sec. 96.490  What further obligations exist for an organization if 
the Coast Guard terminates its authorization?

    The written agreement by which an organization receives 
authorization from the Coast Guard places it under certain obligations 
if the Coast Guard revokes that authorization. The organization agrees 
to send written notice of its termination to all responsible persons, 
companies and vessels that have received certificates from the 
organization. In that notice, the organization must include--
    (a) A written statement explaining why the organization's 
authorization was terminated by the Coast Guard;
    (b) An explanation of the status of issued certificates;
    (c) A current list of organizations authorized by the Coast Guard to 
conduct safety management audits; and
    (d) A statement of what the companies and vessels must do to have 
their safety management systems transferred to another organization 
authorized to act on behalf of the U.S.



Sec. 96.495  How can I appeal a decision made by an authorized 
organization?

    (a) A responsible person may appeal a decision made by an authorized 
organization by mailing or delivering to the organization a written 
request for reconsideration. Within 30 days of receiving your request, 
the authorized organization must rule on it and send you a written 
response. They must also send a copy of their response to the Commandant 
(G-MOC).
    (b) If you are not satisfied with the organization's decision, you 
may appeal directly to the Commandant (G-MOC). You must make your appeal 
in writing, including any documentation and evidence you wish to be 
considered. You may ask the Commandant (G-MOC) to stay the effect of the 
appealed decision while it is under review.
    (c) The Commandant (G-MOC) will make a decision on your appeal and 
send you a response in writing. That decision will be the final Coast 
Guard action on your request.

[[Page 245]]

                                  INDEX

                  SUBCHAPTER F_VESSEL OPERATING REGULATIONS

  Editorial Note: This listing is provided for informational purposes 
only. It is compiled and kept up-to-date by the Coast Guard, Department 
of Homeland Security, and is revised through July 1, 2006.

                                                                 Section

                                 A

Application, submission of........................................100.15
Applicability, operating a vessel while intoxicated...............95.005

                                 C

Chemical test, reasonable cause for directing.....................95.035

                                 D

Definition of terms as used in this part..........................95.010

                                 I

Intoxication Standard.............................................95.020
Intoxication, evidence of.........................................95.030

                                 O

Operating a vessel while under the influence of alcohol or a 
dangerous drug...................................................Part 95
Operating a vessel................................................95.015
Operating rules for vessels inspected, or subject to inspection, 
under Chapter 33 of Title 46 United States Code...................95.045

                                 P

Purpose, operating a vessel while intoxicated.....................95.001

                                 S

State blood alcohol concentration levels, Adoption of.............95.025

[[Page 246]]



                SUBCHAPTER G_REGATTAS AND MARINE PARADES





PART 100_SAFETY OF LIFE ON NAVIGABLE WATERS--Table of Contents




Sec.
100.01 Purpose and intent.
100.05 Definition of terms used in this part.
100.10 Coast Guard-State agreements.
100.15 Submission of application.
100.20 Action on application for event assigned to State regulation by 
          Coast Guard-State agreement.
100.25 Action on application for event not assigned to State regulation 
          by Coast Guard-State agreement.
100.30 Approval required for holding event.
100.35 Special local regulations.
100.35-T05-024 Rappahannock River, Essex County, Westmoreland County, 
          Layton, VA.
100.35-T06-015 Onslow Bay, Beaufort Inlet, Morehead City State Port, 
          Beaufort Harbor
100.40 Patrol of the regatta or marine parade.
100.45 Establishment of aids to navigation.
100.101 Harvard-Yale Regatta, Thames River, New London, CT.
100.102 Great Connecticut River Raft Race, Middletown, CT.
100.103 National Sweepstakes Regatta, Redbank, NJ.
100.104 Empire State Regatta, Albany, New York.
100.105 Head of the Connecticut Regatta.
100.106 Freeport Grand Prix, Long Beach, NY.
100.107 Windjammer Days, Boothbay Harbor, Maine.
100.108 Great Kennebec River Whatever Race.
100.109 Winter Harbor Lobster Boat Race, Winter Harbor, ME.
100.110 World's Fastest Lobster Boat Race, Jonesport, ME.
100.111 Stonington Lobster Boat Races, Stonington, ME.
100.112 Swim the Bay, Narragansett Bay Narragansett, RI.
100.113 Provincetown Harbor Swim for Life, Provincetown, MA.
100.114 Fireworks displays within the First Coast Guard District.
100.116 Swim Buzzards Bay Day, New Bedford, MA.
100.118 Searsport Lobster Boat Races, Searsport Harbor, ME.
100.119 Newport-Bermuda Regatta, Narragansett Bay, Newport, RI.
100.120 Special local regulations: Greenwood Lake Powerboat Classic, 
          Greenwood Lake, New Jersey
100.121 Hudson Valley Triathlon, Hudson River, Kingston, New York.
100.122 Fleet's Albany Riverfest, Hudson River, New York.
100.501 Norfolk Harbor, Elizabeth River, Norfolk, Virginia and 
          Portsmouth, Virginia.
100.502 Barnegat Bay Classic, Barnegat Bay, Toms River, NJ.
100.504 Night in Venice, Great Egg Harbor Bay, City of Ocean City, NJ.
100.505 New Jersey Offshore Grand Prix.
100.506 Fireworks Displays, Chester River, Kent Island Narrows, 
          Maryland.
100.507 Chesapeake Bay Bridges Swim Races, Chesapeake Bay, Maryland.
100.508 Hampton River, Hampton, Virginia.
100.509 Delaware River, Philadelphia, Pennsylvania.
100.510 Susquehanna River, Havre de Grace, Maryland.
100.511 Approaches to Annapolis Harbor, Spa Creek, and Severn River, 
          Annapolis, Maryland.
100.512 American Diabetes Association Reach the Beach Triathlon, 
          Choptank River, Cambridge, Maryland.
100.513 Wrightsville Channel, Wrightsville Beach, North Carolina.
100.514 Fourth of July Fireworks Display; Parker Island, Little Egg 
          Harbor, New Jersey.
100.515 Patapsco River, Baltimore, Maryland.
100.517 Atlantic Ocean, Ocean City, MD.
100.518 Severn River, College Creek, Weems Creek, and Carr Creek, 
          Annapolis, Maryland
100.519 Assateague Channel, Chincoteague, Virginia.
100.520 Rudee Inlet, Lake Rudee, Atlantic Ocean, Virginia Beach, 
          Virginia.
100.522 Fireworks Displays, Atlantic Ocean, Virginia Beach, Virginia.
100.523 Southern Branch, Elizabeth River, Portsmouth, Virginia.
100.525 Western Branch, Elizabeth River, Portsmouth, Virginia.
100.526 Fireworks Displays, Patapsco River, Baltimore, Maryland.
100.527 St. Mary's River, St. Mary's City, Maryland.
100.529 Delaware River, Pea Patch Island to Delaware City, Delaware.
100.530 Prospect Bay, Kent Island Narrows, Maryland.
100.531 Isle of Wight Bay, Ocean City, MD.
100.532 Nanticoke River, Sharptown, MD.
100.533 Maryland Swim for Life, Chester River, Chestertown, MD.
100.534 Tug-of-War; Spa Creek, Annapolis, Maryland.

[[Page 247]]

100.709 Annual Augusta Southern National Drag Boat Races; Savannah 
          River, Augusta, GA.
100.710 Annual Greater Jacksonville Kingfish Tournament; Jacksonville, 
          Florida.
100.713 Annual Harborwalk Boat Race; Sampit River, Georgetown, SC.
100.714 Annual Miami Super Boat Race; Miami Beach, FL.
100.715 Annual Beaufort Water Festival, Beaufort River, Beaufort, SC.
100.716 Annual Florida Sports Fishing Association Billfish Tournament.
100.717 Annual Fort Myers Beach Offshore Grand Prix; Fort Myers, FL.
100.718 Annual Suncoast Kilo Run; Sarasota Bay, Sarasota, FL.
100.719 Annual Suncoast Offshore Challenge; Gulf of Mexico, Sarasota, 
          FL.
100.720 Annual Suncoast Offshore Grand Prix; Gulf of Mexico, Sarasota, 
          FL.
100.721 Charleston Christmas Parade of Boats, Charleston Harbor, SC.
100.722 Annual Key West Super Boat Race; Key West, FL.
100.723 Annual Holiday Boat Parade of the Palm Beaches; Palm Beach, FL.
100.724 Annual Augusta Invitational Rowing Regatta; Savannah River, 
          Augusta, GA.
100.728 Special Local Regulations; Hurricane Offshore Classic, St. 
          Petersburg, FL.
100.729 Columbus Day Regatta, Biscayne Bay, Miami, FL.
100.730 Annual Miami Super Boat Race; Miami Beach, Florida.
100.731 Special local regulations; annual Ft. Lauderdale Air & Sea Show, 
          Ft. Lauderdale, FL.
100.732 Annual River Race Augusta; Savannah River, Augusta, GA.
100.733 Annual Deerfield Beach Super Boat Race; Deerfield Beach, 
          Florida.
100.734 Annual Gasparilla Marine Parade; Hillsborough Bay, Tampa, FL.
100.735 Winterfest Boat Parade, Broward County, Fort Lauderdale, 
          Florida.
100.736 Annual Fort Myers Beach air show; Fort Myers Beach, FL.
100.740 Annual Offshore Super Series Boat Race; Fort Myers Beach, FL.
100.801 Annual Marine Events in the Eighth Coast Guard District.
100.901 Great Lakes annual marine events.
100.902 Macomb Daily Offshore Classic, Lake St. Clair, St. Clair Shores, 
          MI.
100.1101 Southern California annual marine events.
100.1102 Marine events on the Colorado River, between Davis Dam 
          (Bullhead City, Arizona) and Headgate Dam (Parker, Arizona).
100.1103 Northern California annual marine events.
100.1105 San Francisco Bay Navy Fleetweek Parade of Ships and Blue 
          Angels Demonstration.
100.1301 Seattle Seafair Unlimited Hydroplane Race.
100.1302 Annual Clarkston, Washington, Limited Hydroplane Races.
100.1303 Annual Kennewick, Washington, Columbia Unlimited Hydroplane 
          Races.
100.1304 Annual Seattle Yacht Club's ``Opening Day'' Marine Parade.
100.1305 Richland, Washington, west coast outboard championship hydro 
          races.
100.1306 National Maritime Week Tugboat Races, Seattle, WA.
100.1307 Special Local Regulations, Strait Thunder Performance, Port 
          Angeles, WA.

    Authority: 33 U.S.C. 1233; Department of Homeland Security 
Delegation No. 0170.

    Source: CGFR 63-22, 28 FR 5155, May 23, 1963, unless otherwise 
noted.



Sec. 100.01  Purpose and intent.

    (a) The purpose of the regulations in this part is to provide 
effective control over regattas and marine parades conducted on the 
navigable waters of the United States so as to insure safety of life in 
the regatta or marine parade area.
    (b) Geographic coordinates expressed in terms of latitude or 
longitude, or both, are not intended for plotting on maps or charts 
whose referenced horizontal datum is the North American Datum of 1983 
(NAD 83), unless such geographic coordinates are expressly labeled NAD 
83. Geographic coordinates without the NAD 83 reference may be plotted 
on maps or charts referenced to NAD 83 only after application of the 
appropriate corrections that are published on the particular map or 
chart being used.

[CGFR 63-22, 28 FR 5155, May 23, 1963, as amended by CGD 86-082, 52 FR 
33811, Sept. 8, 1987]



Sec. 100.05  Definition of terms used in this part.

    (a) Regatta or marine parade means an organized water event of 
limited duration which is conducted according to a prearranged schedule.
    (b) [Reserved]
    (c) District Commander means the Commander of the Coast Guard 
District in which the regatta or marine parade is intended to be held. 
(See Part 3 of this chapter for the geographical boundaries of Coast 
Guard Districts.)
    (d) State authority means any official or agency of a State having 
power

[[Page 248]]

under the law of such State to regulate regattas or marine parades on 
waters over which such State has jurisdiction.
    (e) Navigable waters of the United States means those waters 
described in Sec. 2.36(a) of this chapter, specifically including the 
waters described in Sec. 2.22(a)(2) of this chapter.

[CGFR 63-22, 28 FR 5155, May 23, 1963, as amended by CGD 75-098, 40 FR 
49327, Oct. 22, 1975; USCG-2001-9044, 68 FR 42602, July 18, 2003]



Sec. 100.10  Coast Guard-State agreements.

    (a) The District Commander is authorized to enter into agreements 
with State authorities permitting, regulation by the State of such 
classes of regatta or marine parade on the navigable waters of the 
United States as, in the opinion of the District Commander, the State is 
able to regulate in such a manner as to insure safety of life. All such 
agreements shall reserve to the District Commander the right to regulate 
any particular regatta or marine parade when he or she deems such action 
to be in the public interest.

[CGFR 63-22, 28 FR 5155, May 23, 1963, as amended by USCG-2003-15404, 68 
FR 37740, June 25, 2003]



Sec. 100.15  Submission of application.

    (a) An individual or organization planning to hold a regatta or 
marine parade which, by its nature, circumstances or location, will 
introduce extra or unusual hazards to the safety of life on the 
navigable waters of the United States, shall submit an application to 
the Coast Guard District Commander having cognizance of the area where 
it is intended to hold such regatta or marine parade. Examples of 
conditions which are deemed to introduce extra or unusual hazards to the 
safety of life include but are not limited to: An inherently hazardous 
competition, the customary presence of commercial or pleasure craft in 
the area, any obstruction of navigable channel which may reasonably be 
expected to result, and the expected accumulation of spectator craft.
    (b) Where such events are to be held regularly or repeatedly in a 
single area by an individual or organization, the Commandant or the 
District Commander may, subject to conditions set from time to time by 
him or her, grant a permit for such series of events for a fixed period 
of time, not to exceed one year.
    (c) The application must be submitted no less than 135 days before 
the start of the proposed event. However, if all of the following 
criteria are met, the application must be submitted no less than 60 days 
before the start of the proposed event:
    (1) The sponsor submitted an application for the event in the year 
immediately preceding.
    (2) The nature, location, scheduling, and other relevant information 
contained in the previous application are essentially the same.
    (3) The Coast Guard received no objection to the previous 
application.
    (4) The Coast Guard did not promulgate special local regulations for 
the previous event.
    (5) The Coast Guard approved the previous event.
    (d) The application shall include the following details:
    (1) Name and address of sponsoring organization.
    (2) Name, address, and telephone of person or persons in charge of 
the event.
    (3) Nature and purpose of the event.
    (4) Information as to general public interest.
    (5) Estimated number and types of watercraft participating in the 
event.
    (6) Estimated number and types of spectator watercraft.
    (7) Number of boats being furnished by sponsoring organizations to 
patrol event.
    (8) A time schedule and description of events.
    (9) A section of a chart or scale drawing showing the boundaries of 
the event, various water courses or areas to be utilized by 
participants, officials, and spectator craft.

[CGFR 63-22, 28 FR 5155, May 23, 1963 as amended by CGD 95-054, 66 FR 
1582, Jan. 9, 2001; CGD 95-059, 66 FR 9659, Feb. 9, 2001; USCG-2003-
15404, 68 FR 37740, June 25, 2003]

[[Page 249]]



Sec. 100.20  Action on application for event assigned to State 
regulation by Coast Guard-State agreement.

    (a) Upon receipt of an application for a regatta or marine parade of 
a type assigned to a State for regulation under a Coast Guard-State 
agreement, the District Commander will forward the application to the 
State authority having cognizance of the event. Further processing and 
decision upon such an application shall be conducted by the State.
    (b) [Reserved]



Sec. 100.25  Action on application for event not assigned to State 
regulation by Coast Guard-State agreement.

    (a) Where an event is one of a type not assigned to the State for 
regulation under a Coast Guard-State agreement (or where no such 
agreement has been entered), the Commander of a Coast Guard District who 
receives an application for a proposed regatta or marine parade to be 
held upon the navigable waters of the United States within his or her 
district shall take the following action:
    (1) He or she shall determine whether the proposed regatta or marine 
parade may be held in the proposed location with safety of life. To 
assist in his or her determination, he or she may, if he or she deems it 
necessary, hold a public hearing to obtain the views of all persons 
interested in, or who will be affected by, the regatta or marine parade.
    (2) He or she will notify the individual or organization which 
submitted the application:
    (i) That the application is approved, and the nature of the special 
local regulations, if any, which he or she will promulgate pursuant to 
Sec. 100.35; or
    (ii) That the interest of safety of life on the navigable waters of 
the United States requires specific change or changes in the application 
before it can be approved; or
    (iii) That the event requires no regulation or patrol of the regatta 
or marine parade area; or
    (iv) That the application is not approved, with reasons for such 
disapproval.

[CGFR 63-22, 28 FR 5155, May 23, 1963, as amended by USCG-2003-15404, 68 
FR 37740, June 25, 2003]



Sec. 100.30  Approval required for holding event.

    (a) An event for which application is required under Sec. 100.15(a) 
shall be held only after approval of such event by the District 
Commander, except that applications referred to a State under Sec. 
100.10 shall be governed by the laws of that State.



Sec. 100.35  Special local regulations.

    (a) The Commander of a Coast Guard District, after approving the 
plans for the holding of a regatta or marine parade within his or her 
district, is authorized to promulgate such special local regulations as 
he or she deems necessary to insure safety of life on the navigable 
waters immediately prior to, during, and immediately after the approved 
regatta or marine parade. Such regulations may include a restriction 
upon, or control of, the movement of vessels through a specified area 
immediately prior to, during, and immediately after the regatta or 
marine parade.
    (b) After approving the plans for the holding of a regatta or marine 
parade upon the navigable waters within his or her district, and 
promulgating special regulations thereto, the Commander of a Coast Guard 
District shall give the public full and adequate notice of the dates of 
the regatta or marine parade, together with full and complete 
information of the special local regulations, if there be such. Such 
notice should be published in the local notices to mariners.
    (c) The special local regulations referred to in paragraph (a) of 
this section, when issued and published by the Commander of a Coast 
Guard District, shall have the status of regulations issued pursuant to 
the provisions of section 1 of the act of April 28, 1908, as amended (46 
U.S.C. 454).

[CGFR 63-22, 28 FR 5155, May 23, 1963, as amended by USCG-2003-15404, 68 
FR 37740, June 25, 2003]

[[Page 250]]



Sec. 100.35-T05-024  Rappahannock River, Essex County, Westmoreland 
County, Layton, VA.

    (a) Regulated area. The regulated area is established for the waters 
of the Rappahannock River, adjacent to Layton, VA, from shoreline to 
shoreline, bounded on the west by a line running along longitude 
076[deg]58'30'' W, and bounded on the east by a line running along 
longitude 076[deg]56'00'' W. All coordinates reference Datum NAD 1983.
    (b) Definitions: (1) Coast Guard Patrol Commander means a 
commissioned, warrant, or petty officer of the Coast Guard who has been 
designated by the Commander, Coast Guard Sector Hampton Roads.
    (2) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Sector Hampton Roads with a commissioned, 
warrant, or petty officer on board and displaying a Coast Guard ensign.
    (c) Regulations: (1) Except for persons or vessels authorized by the 
Coast Guard Patrol Commander, no person or vessel may enter or remain in 
the regulated area.
    (2) The operator of any vessel in the regulated area shall:
    (i) Stop the vessel immediately when directed to do so by any 
Official Patrol and then proceed only as directed.
    (ii) All persons and vessels shall comply with the instructions of 
the Official Patrol.
    (iii) When authorized to transit the regulated area, all vessels 
shall proceed at the minimum speed necessary to maintain a safe course 
that minimizes wake near the race course.
    (d) Enforcement period. This section will be enforced from 11:30 
a.m. to 4:30 p.m. on June 3 and 4, 2006; and 11:30 a.m. to 4:30 p.m. on 
October 7 and 8, 2006.

    Effective Date Note: By CGD05-06-024, 71 FR 30612, May 30, 2006, 
Sec. 100.35-T05-024 was added, effective from 11:30 a.m. on June 3, 
2006, to 4:30 p.m. on Oct. 8, 2006.



Sec. 100.35-T06-015  Onslow Bay, Beaufort Inlet, Morehead City State 
Port, Beaufort Harbor and Taylor Creek near Morehead City NC.

    (a) Regulated area includes two segments within and around the 
waters of the Onslow Bay, Beaufort Inlet, Morehead City Turning Basin, 
Beaufort Harbor and Taylor Creek North Carolina.
    (1) The first segment for the ``Parade of Sail'' is bounded by a 
line drawn from a position at latitude 34[deg]39[min]36[sec] N, 
longitude 076[deg]37[min]52[sec] W, thence southerly to a position at 
latitude 34[deg]37[min]52[sec] N, longitude 076[deg]37[min]52[sec] W, 
thence westerly to a position at latitude 34[deg]37[min]36[sec] N, 
longitude 076[deg]40[min]17[sec] W, thence southerly to a position at 
latitude 34[deg]36[min]50[sec] N, longitude 076[deg]40[min]42[sec] W, 
thence westerly to a position at latitude 34[deg]36[min]57[sec] N, 
longitude 076[deg]41[min]25[sec] W, thence northerly parallel to 
Beaufort Inlet Channel to latitude 34[deg]40[min]37[sec] N, longitude 
076[deg]40[min]32[sec] W, thence northeasterly to latitude 
34[deg]41[min]21[sec] N longitude 076[deg]40[min]11[sec] W, thence 
northwesterly parallel to Cutoff Channel to latitude 
34[deg]41[min]43[sec] N, longitude 076[deg]40[min]21[sec] W, thence 
northwesterly parallel to Morehead City Channel to latitude 
34[deg]42[min]46[sec] N, longitude 076[deg]42[min]02[sec] W, thence 
westerly to latitude 34[deg]42[min]46[sec] N, longitude 
076[deg]42[min]12[sec] W, thence northerly to latitude 
34[deg]42[min]54[sec] N, longitude 076[deg]42[min]13[sec] W, thence 
easterly along Morehead City State Port berth seven, six, five and four 
to latitude 34[deg]42[min]52[sec] N, longitude 076[deg]41[min]33[sec] W, 
thence southeasterly to latitude 34[deg]42[min]35[sec] N, longitude 
076[deg]41[min]20[sec] W, thence southeasterly parallel to Morehead City 
Channel to latitude 34[deg]42[min]19[sec] N, longitude 
076[deg]40[min]49[sec] W at the entrance to Beaufort Harbor Channel, 
thence along the western bank of Beaufort Harbor Channel to latitude 
34[deg]42[min]54[sec] W, longitude 076[deg]40[min]44[sec] W, thence 
easterly to the southern tip of Pivers Island, latitude 
34[deg]42[min]54[sec] N, longitude 076[deg]40[min]24[sec] W, thence 
northerly along the shoreline of Pivers Island to latitude 
34[deg]43[min]08[sec] N, longitude 076[deg]40[min]19[sec] W, thence 
northerly to intersection of the Beaufort Bascule Bridge and the 
shoreline at latitude 34[deg]43[min]21[sec] N, longitude 
076[deg]40[min]12[sec] W, thence northerly along the shoreline to 
latitude 34[deg]43[min]38[sec] N, longitude 076[deg]40[min]17[sec] W, 
thence northwesterly to latitude 34[deg]43[min]47[sec] N longitude 
076[deg]40[min]22[sec] W, thence northeasterly to latitude 
34[deg]43[min]55[sec] N, longitude 076[deg]40[min]15[sec] W, thence 
southerly along then shoreline to latitude 34[deg]43[min]42[sec] N, 
longitude 076[deg]40[min]04[sec] W, thence southerly parallel to 
Gallants Channel to the intersection of the Beaufort Bascule Bridge and 
the shoreline at latitude 34[deg]43[min]21[sec] N, longitude

[[Page 251]]

076[deg]40[min]05[sec] W, thence southerly to Beaufort Waterfront at 
latitude 34[deg]43[min]07[sec] N, longitude 076[deg]40[min]10[sec] W, 
thence southeasterly along Beaufort waterfront to latitude 
34[deg]42[min]57[sec] N, longitude 076[deg]39[min]55[sec] W, thence 
south to Carrot Island latitude 34[deg]42[min]45[sec] N, longitude 
076[deg]39[min]55[sec] W, thence westerly following the shore line of 
Carrot Island to latitude 34[deg]42[min]31[sec] W, longitude 
076[deg]40[min]44[sec] W, thence southeasterly to latitude 
34[deg]41[min]50[sec] N, longitude 076[deg]40[min]08[sec] W, thence 
southerly to the western tip of Shackleford Banks at latitude 
34[deg]41[min]18[sec] N, longitude 076[deg]39[min]57[sec] W, thence 
southerly to latitude 34[deg]40[min]30[sec] N, longitude 
076[deg]39[min]50[sec] W, thence southerly parallel to Beaufort Inlet 
Channel to latitude 34[deg]39[min]35[sec] N, longitude 
076[deg]40[min]00[sec] W, thence east to the point of origin.
    (2) The second segment for the ``Tall Ships Race'' is bounded by a 
line drawn from a position at latitude 34[deg]40[min]36[sec] N, 
longitude 076[deg]41[min]00[sec] W, thence westerly parallel to Bogue 
Banks to latitude 34[deg]40[min]21[sec] N, longitude 
076[deg]52[min]12[sec] W, thence southwesterly to latitude 
34[deg]39[min]00[sec] N 076[deg]53[min]06[sec] W, thence southeasterly 
to latitude 34[deg]33[min]18[sec] N, longitude 076[deg]42[min]33[sec] W, 
thence northeasterly to latitude 34[deg]34[min]18[sec] N, longitude 
076[deg]41[min]27[sec] W, thence northerly to the point of origin.
    (3) All coordinates reference Datum NAD 1983.
    (b) Definitions. (1) Coast Guard Patrol Commander means any 
commissioned, warrant, or petty officer of the Coast Guard who has been 
designated by the Commander, Coast Guard Sector North Carolina.
    (2) Official Patrol means any person or vessel authorized by the 
Coast Guard Patrol Commander or approved by Commander, Coast Guard 
Sector North Carolina.
    (3) Participant includes all vessels participating in the Pepsi 
Americas' Sail 2006 under the auspices of the Marine Event Permit issued 
to the event sponsor and approved by Commander, Coast Guard Sector North 
Carolina.
    (c) Special local regulations. (1) Except for the Official Patrol, 
participants, and persons or vessels authorized by the Coast Guard 
Patrol Commander, no person or vessel may enter or remain in the 
regulated area.
    (2) Any person in the regulated area must stop immediately when 
directed to do so by any Official Patrol and then proceed only as 
directed.
    (3) The operator of any vessel in the regulated area must stop the 
vessel immediately when directed to do so by any Official Patrol and 
then proceed only as directed.
    (4) All persons and vessels shall comply with the instructions of 
the Official Patrol.
    (5) When authorized to transit within the regulated area, all 
vessels shall proceed at the minimum speed necessary to maintain a safe 
course that minimizes wake near the parade, race course and near other 
persons and vessels.
    (d) Enforcement period. This section will be enforced from 6:30 a.m. 
to 1 p.m. on July 1, 2006, for the ``Parade of Sails''; and from 10:30 
a.m. to 5:30 p.m. on July 3, 2006 for the ``Tall Ships Race''. If the 
``Tall Ships Race'' is postponed due to inclement weather, then these 
temporary special local regulations will be enforced the same time 
period during one of the next two days, July 4, 2006 through July 5, 
2006.

    Effective Date Note: By CGD05-06-015, 71 FR 32837, June 7, 2006, 
Sec. 100.35-T06-015 was added, effective from July 1, 2006, to July 5, 
2006.



Sec. 100.40  Patrol of the regatta or marine parade.

    (a) The Commander of a Coast Guard District in which a regatta or 
marine parade is to be held may detail, if he or she deems the needs of 
safety require, one or more Coast Guard vessels to patrol the course of 
the regatta or marine parade for the purpose of enforcing not only the 
special local regulations but also for assistance work and the 
enforcement of laws generally.
    (b) The Commander of a Coast Guard District may also utilize any 
private vessel or vessels to enforce the special local regulations 
governing a regatta or marine parade provided such vessel or vessels 
have been placed at the disposition of the Coast Guard pursuant to 
section 826 in Title 14, U.S. Code, for such purpose by any member of 
the Coast Guard Auxiliary, or any corporation, partnership, or 
association, or by any State or political subdivision

[[Page 252]]

thereof. Any private vessel so utilized shall have on board an officer 
or petty officer of the Coast Guard who shall be in charge of the vessel 
during the detail and responsible for the law enforcement activities or 
assistance work performed by the vessel during such detail. Any private 
vessel so utilized will display the Coast Guard ensign while engaged in 
this duty.
    (c) The Commander of a Coast Guard District may also utilize any 
private vessel or vessels placed at the disposition of the Coast Guard 
pursuant to section 826 in Title 14, U.S. Code, by any member of the 
Coast Guard Auxiliary, or any corporation, partnership, or association, 
or by any State or political subdivision thereof, to patrol the course 
of the regatta or marine parade for the purpose of promoting safety by 
performing assistance work, effecting rescues, and directing the 
movement of vessels in the vicinity of the regatta or marine parade. 
Vessels utilized under the authority of this paragraph are not 
authorized to enforce the special local regulations or laws generally.

[CGFR 63-22, 28 FR 5155, May 23, 1963, as amended by CGFR 65-32, 30 FR 
8518, July 3, 1965; USCG-2003-15404, 68 FR 37740, June 25, 2003]



Sec. 100.45  Establishment of aids to navigation.

    The District Commander will establish and maintain only those aids 
to navigation necessary to assist in the observance and enforcement of 
the special regulations issued under the District Commander's authority. 
These aids to navigation will be in accordance with Part 62 of this 
chapter. All other aids to navigation incidental to the holding of a 
regatta or marine parade are private aids to navigation as described in 
Part 66 of this chapter.

[CGD 86-031, 52 FR 42645, Nov. 6, 1987]



Sec. 100.101  Harvard-Yale Regatta, Thames River, New London, CT.

    (a) Regulated area. The Thames River at New London, Connecticut, 
from the Penn Central Draw Bridge to Bartlett Cove.
    (b) Effective period. This section is in effect on June 8, 1996, 
from 4:00 p.m. to 7:30 p.m. and each year thereafter on a date and times 
specified in a Federal Register notice. If the regatta is canceled due 
to weather, this section will be in effect on the following Sunday.
    (c) Special local regulations. (1) All persons or vessels not 
registered with the sponsor as participants or not part of the regatta 
patrol are considered spectators.
    (2) No spectator or press boats shall be allowed out onto or across 
the race course without Coast Guard escort.
    (3) No person or vessel may transit through the regulated area 
during the effective period unless participating in the event, or as 
authorized by the sponsor or Coast Guard Patrol personnel. The Patrol 
Commander may open up the regulated area to allow for vessel movement 
between scheduled races.
    (4) Spectator vessels must be at anchor within a designated 
spectator area or moored to a waterfront facility within the regulated 
area in such a way that they shall not interfere with the progress of 
the event at least 30 minutes prior to the start of the races. They must 
remain moored or at anchor until the men's varsity have passed their 
positions. At that time, spectator vessels located south of the Harvard 
Boathouse may proceed downriver at a reasonable speed. Vessels situated 
between the Harvard Boathouse and the finish line must remain stationary 
until both crews return safely to their boathouses. If for any reason 
the men's varsity crew race is postponed, spectator vessels will remain 
in position until notified by Coast Guard or regatta patrol personnel.
    (5) The last 1000 feet of the race course near the finish line will 
be delineated by four (4) temporary white buoys provided by the sponsor. 
All spectator craft shall remain behind these buoys during the event.
    (6) Spectator craft shall not anchor:
    (i) To the west of the race course, between Scotch Cap and Bartlett 
Point Light.
    (ii) Within the race course boundaries or in such a manner that 
would allow their vessel to drift or swing into the race course.
    (7) During the effective period all vessels shall proceed at a speed 
not to exceed six (6) knots in the regulated area.

[[Page 253]]

    (8) Spectator vessels shall not follow the crews during the races.
    (9) Swimming is prohibited in the vicinity of the race course during 
the races.
    (10) A vessel operating in the vicinity of the Submarine Base may 
not cause waves which result in damage to submarines or other vessels in 
the floating drydocks.
    (11) All persons and vessels shall comply with the instructions of 
U.S. Coast Guard patrol personnel. Upon hearing five or more blasts from 
a U.S. Coast Guard vessel, the operator of a vessel shall stop 
immediately and proceed as directed. U.S. Coast Guard patrol personnel 
include commissioned, warrant and petty officers of the Coast Guard. 
Members of the Coast Guard Auxiliary may be present to inform vessel 
operators of this regulation and other applicable laws.

[CGD3 85-16, 50 FR 23807, June 6, 1985, as amended by CGD1 87-08, 52 FR 
20387, June 1, 1987. Redesignated and amended by CGD 87-008b, 52 FR 
25219, July 6, 1987; CGD01-95-017, 61 FR 21960, May 13, 1996; CGD 96-
052, 62 FR 16702, Apr. 8, 1997]



Sec. 100.102  Great Connecticut River Raft Race, Middletown, CT.

    (a) Regulated Area. That section of the Connecticut River between 
Dart Island (Marker no. 73) and Portland Shoals (Marker no. 92), 
Middletown, CT.
    (b) Special Local Regulations. (1) The Coast Guard patrol commander 
may delay, modify, or cancel the race as conditions or circumstances 
require.
    (2) No person or vessel may enter, transit, or remain in the 
regulated area unless participating in the event or unless authorized by 
the Coast Guard patrol commander.
    (3) Vessels encountering emergencies which require transit through 
the regulated area should contact the Coast Guard patrol commander on 
VHF Channel 16. In the event of an emergency, the Coast Guard patrol 
commander may authorized a vessel to transit through the regulated area 
with a Coast Guard designated escort.
    (4) All persons and vessels shall comply with the instructions of 
the Coast Guard on-scene patrol commander. On-scene patrol personnel may 
include commissioned, warrant, and petty officers of the U.S. Coast 
Guard. Upon hearing five or more short blasts from a U.S. Coast Guard 
vessel, the operator of a vessel shall proceed as directed. Members of 
the Coast Guard Auxiliary will also be present to inform vessel 
operators of this regulation and other applicable laws.
    (c) Effective Period. This rule is effective from 10 a.m. to 2 p.m. 
on the last Saturday in July. If tidal conditions are not conductive to 
performing the event it will take place the first Saturday in August.

[CGD01-95-178, 62 FR 35388, July 1, 1997, as amended by USCG-2003-15404, 
68 FR 37740, June 25, 2003]



Sec. 100.103  National Sweepstakes Regatta, Redbank, NJ.

    (a) Regulated area. That portion of the Navesink River in Redbank, 
N.J. between the N.J. Route 35 Bridge and a line running across the 
Navesink River connecting Guyon and Lewis Points.
    (b) Effective period. This section is in effect from 8 a.m. to 6 
p.m. on July 20 and 21, 1996, and each year thereafter on dates and 
times specified in a Federal Register notice.
    (c) Special local regulations. (1) The regulated area shall be 
intermittently closed to all vessel traffic during the effective period, 
except as may be allowed by the Coast Guard Patrol Commander.
    (2) No person or vessel shall enter or remain in the regulated area 
while it is closed unless participating in or authorized by the event 
sponsor or Coast Guard patrol personnel.
    (3) Vessels awaiting passage through the regulated area shall be 
held in unmarked anchorages in the area to the east of the N.J. Route 35 
Bridge and in the vicinity of Lewis Point.
    (4) No transiting vessels shall be allowed out onto or across the 
regulated area without Coast Guard escort.
    (5) All persons or vessels not registered with the sponsor as 
participants or not part of the regatta patrol are considered 
spectators. Spectator vessels must be at anchor within a designated 
spectator area or moored to a waterfront facility in a way that will not 
interfere with the progress of the

[[Page 254]]

event. The following are established as spectator areas:
    (i) Spectator vessels shall be held behind (north of ) a line of 
buoys provided by the sponsor running approximately west to east 
starting .25 mile east of the N.J. Route 35 Bridge.
    (ii) A second spectator area shall be marked by a curved line of 
sponsor provided buoys centered on a line drawn approximately due south 
from Jones Point, running through Can Buoy 21. All spectator 
craft shall stay to the east of this string of buoys.
    (6) All persons and vessels shall comply with the instructions of 
U.S. Coast Guard patrol personnel. Upon hearing five or more blasts from 
a U.S. Coast Guard vessel, the operator of a vessel shall stop 
immediately and proceed as directed. U.S. Coast Guard patrol personnel 
include commissioned, warrant, and petty officers of the Coast Guard. 
Members of the Coast Guard Auxiliary may be present to inform vessel 
operators of this regulation and other applicable laws.

[CGD3 85-31, 50 FR 30702, July 29, 1985. Redesignated and amended by CGD 
87-008b, 52 FR 25219, July 6, 1987; CGDO1-96-016, 61 FR 26105, May 24, 
1996; CGD 96-052, 62 FR 16702, Apr. 8, 1997]



Sec. 100.104  Empire State Regatta, Albany, New York.

    (a) Regulated area. All waters of the Hudson River between the 
Albany Rensselaer Swing Bridge, river mile 146.2, and Light 224, (LLNR 
39015), river mile 147.5, located approximately 750 years north of the 
I-90/Patroon Island Bridge.
    (b) Effective period. This section is effective annually from 12 
p.m. Friday through 8 p.m. Sunday, on the first weekend of June.
    (c) Special local regulations. (1) The regulated area will be closed 
to all vessel traffic, except official patrol craft and sponsor craft, 
during the following times: Friday from 12 p.m. to 8 p.m.; Saturday from 
6 a.m. to 8 p.m.; and on Sunday from 6 a.m. to 8 p.m.
    (2) Vessels greater than 20 meters in length shall not transit the 
regulated area at any time during the effective period unless allowed to 
do so by the Coast Guard Patrol Commander.
    (3) Vessels less than 20 meters in length may transit the regulated 
area at the conclusion of each day of racing. Transiting vessels will be 
escorted by official regatta patrol vessels specified in paragraph 
(c)(5) of this section. Approximate periods for transit will be: Friday 
at 8 p.m. through Saturday at 6 a.m.; and again on Saturday at 8 p.m. 
through Sunday at 6 a.m.
    (4) Unless otherwise directed by the Coast Guard Patrol Commander, 
transiting vessels shall: proceed at no-wake speeds, remain clear of the 
race course area as marked by the sponsor-provided buoys, not interfere 
with races or any shells in the area, make no stops and keep to the 
eastern edge of the Hudson River.
    (5) Official patrol vessels include Coast Guard and Coast Guard 
Auxiliary vessels, New York State and local police boats and other 
vessels so designated by the regatta sponsor or Coast Guard Patrol 
Commander.
    (6) No person or vessel may enter or remain in the regulated area 
during the effective period unless participating in the event, or 
authorized to be there by the sponsor or Coast Guard patrol personnel.
    (7) All persons and vessels shall comply with the instructions of 
U.S. Coast Guard patrol personnel. Upon hearing five or more blasts from 
a U.S. Coast Guard vessel, the operator of a vessel shall stop 
immediately and proceed as directed. U.S. Coast Guard patrol personnel 
include commissioned, warrant and petty officers of the Coast Guard. 
Members of the Coast Guard Auxiliary may be present to inform vessel 
operators of this regulation and other applicable laws.
    (8) In the event of an emergency or as directed by the Coast Guard 
Patrol Commander, the sponsor shall dismantle the race course to allow 
the passage of any U.S. Government vessel or any other designated 
emergency vessel.

[CGD01-98-162, 64 FR 19717, Apr. 22, 1999; 64 FR 23395, Apr. 30, 1999]



Sec. 100.105  Head of the Connecticut Regatta.

    (a) Regulated Area. The regulated area is that section of the 
Connecticut River between the southern tip of

[[Page 255]]

Gildersleeve Island and Light Number 87.
    (b) Special Local Regulations. (1) The regulated area is closed to 
all transiting vessel traffic between 9:00 a.m. and 6:00 p.m. except for 
escorted passages as described in (2) and (3) below. All transiting 
vessel movement will be done at the direction of the Coast Guard patrol 
commander.
    (2) Vessels less than 20 meters in length will be allowed to transit 
the regulated area only under escort and at the discretion of the Coast 
Guard patrol commander.
    (3) Vessels over 20 meters in length will be allowed to transit the 
regulated area, under escort, from 12:30 p.m. to 1:45 p.m. or as 
directed by the Coast Guard patrol commander.
    (4) All transiting vessels shall operate at ``No Wake'' speed or 
five (5) knots whichever is slower.
    (5) Southbound vessels awaiting escort through the regulated area 
will be held in the vicinity of the southern tip of Gildersleeve Island. 
Northbound vessels awaiting escort will be held at Light Number 87.
    (6) All vessels shall immediately follow any specific instructions 
given by Coast Guard patrol craft and exercise extreme caution while 
operating in or near the regulated area.
    (7) No person shall enter or remain in the regulated area unless 
participating in the event or authorized by the event sponsor or Coast 
Guard patrol commander.
    (8) The sponsor shall ensure that the event is concluded by 6:00 
p.m. on the day of the event.
    (c) Effective Dates. These regulations are effective from 9:00 a.m. 
to 6:00 p.m. on October 9, 1988 and each year thereafter during the same 
time period on the second Saturday of October or as published in the 
local Coast Guard Notice to Mariners.

[CGD1 88-035, 53 FR 39273, Oct. 6, 1988, as amended at CGDUI-94-136, 59 
FR 49821, Sept. 30, 1994]



Sec. 100.106  Freeport Grand Prix, Long Beach, NY.

    (a) Regulated area. The regulated area is a trapezoidal area on the 
coastal Atlantic waters of Long Island to the south of Long Beach, New 
York. The regulated area is one and one quarter (1\1/4\) miles south of 
Long Beach and three and one quarter (3\1/4\) miles north of the 
northern boundary of Ambrose Channel and is specifically bounded as 
follows:
    (1) Northeast Corner. approximately one and one quarter miles 
southwest of Jones Inlet breakwater at coordinates 40-33-42 North; 073-
35-43 West.
    (2) Southeast Corner. southwest of Jones Inlet Approch Buoy (R 
``2''; Light List Number 685) at coordinates 40-31-45 North; 073-36-19 
West.
    (3) Southwest Corner. east of East Rockaway Approach Buoy (R ``4''; 
Light List Number 690) at coordinates 40-31-31 North; 073-42-21 West.
    (4) Northwest Corner. 40-33-30 North; 073-40-57 West.
    (b) Special local regulations. Vessels not participating in, or 
operating as a safety/rescue patrol shall:
    (1) Not operate within the regulated area.
    (2) Immediately follow any specific instructions given by Coast 
Guard patrol craft.
    (3) Exercise extreme caution when operating near the regulated area.
    (c) Effective Dates. These regulations are effective at 11:00 a.m. 
on August 5, 1989 and terminate at 3:00 p.m. on August 5, 1989 and will 
be in effect each year thereafter during the same time period on the 
first or second Sunday of August as published in a Federal Register 
Notice and the Coast Guard Local Notice to Mariners.

[CGD1 89-025, 54 FR 32066, Aug. 4, 1989]



Sec. 100.107  Windjammer Days, Boothbay Harbor, Maine.

    (a) Regulated Area. The Boothbay Harbor entrance and harbor channel 
extending from the Tumbler's Island Buoy 8 area to Boothbay 
Inner Harbor. Specifically, the regulated area is enclosed as follows: a 
line drawn due east from the southwest (43-50-10 North; 069-38-20 West 
to the Spruce Point Shore; thence following the shore north along Spruce 
Point and around the Boothbay Harbor to Railway Point (43-50-54 North; 
069-38-20 West); thence extending seaward in a southerly direction back 
to the southwest boundary of the regulated area.

[[Page 256]]

    (b) Special Local Regulations. (1) Between the hours of 2:30 p.m. 
and 4:00 p.m. on July 11, 1989 an aircraft aerobatic demonstration will 
take place in the southern portion of the regulated area. All transiting 
and spectating vessels shall remain clear of the waters below the flight 
area. Coast Guard vessels will be present to direct marine traffic and 
to establish exact spectator boundaries.
    (2) When operating within the regulated area during the sail parade, 
all vessels with the exception of official regatta patrol vessels, shall 
maintain a separation of at least 100 yards from the parade 
participants. The 100 yard area will move with each vessel in the parade 
as they transit to Boothbay Inner Harbor.
    (3) Between the hours of 8:00 p.m. and 10:30 p.m. on July 12, 1989, 
a fireworks barge will be anchored southwest of McFarland Island in 
approximate location 43-50-35 North; 38-30-00 West. All vessels must 
maintain a clearance of 300 yards from the barge or as directed by Coast 
Guard patrol vessels.
    (4) All vessels shall exercise extreme caution when operating in the 
regulated area.
    (5) Coast Guard Auxiliarists will be patrolling the regatta to 
advise participants, spectators, and transiting vessels the content of 
these regulations.
    (c) Effective period. This section is in effect from 2 p.m. to 10 
p.m. on June 26 and 27, 1996, and each year thereafter on dates and 
times specified in a Federal Register notice.

[CGD1 89-058, 54 FR 30038, July 18, 1989, as amended by CGDO1-96-016, 61 
FR 26105, May 24, 1996]



Sec. 100.108  Great Kennebec River Whatever Race.

    (a) Regulated Area. That portion of the Kennebec River, extending 
bank to bank, between the Maine Route 126 bridge (at latitude 44-14 
North, longitude 69-46-15 West connecting Randolph and Gardiner, Maine) 
to the U.S. Route 201-202 bridge (at latitude 44-18-43 North, longitude 
69-46-26 West in Augusta, Maine).
    (b) Special Local Regulations. The following requirements will be 
placed on vessels operating within the regulated area during the 
effective period of regulation:
    (1) All persons on board any vessel which does not possess a valid 
state registration or federal documentation shall at all times wear a 
Coast Guard approved Type I, II, or III personal flotation device 
(lifejacket).
    (2) Spectator and/or transiting vessels shall not exceed five (5) 
mph or ``NO WAKE'' speed, whichever is slower.
    (3) All vessels shall exercise extreme caution when operating near 
parade participants and shall be alert for disabled craft and persons 
possibly falling overboard.
    (4) All vessel operators shall immediately follow any instruction 
given by Coast Guard patrol personnel.
    (5) Coast Guard Auxiliarists will be patrolling the regatta to 
advise participants, spectators, and transiting vessels of the content 
of these regulations.
    (c) Effective period. This section is in effect from 6 a.m. to 6 
p.m. on June 30, 1996, and each year thereafter on a date and times 
specified in a Federal Register notice. If the event is canceled due to 
weather, this section is effective the following day.

[CGD1 89-026, 54 FR 30036, July 18, 1989, as amended by CGDO1-96-016, 61 
FR 26105, May 24, 1996; CGD 96-052, 62 FR 16702, Apr. 8, 1997]



Sec. 100.109  Winter Harbor Lobster Boat Race, Winter Harbor, ME.

    (a) Regulated area. The regulated area includes all waters of Winter 
Harbor, ME, within the following points (NAD 83):

44 23[min]07[sec] N                  068 04[min]52[sec] W
44 22[min]12[sec] N                  068 04[min]52[sec] W
44 22[min]12[sec] N                  068 05[min]08[sec] W
44 23[min]07[sec] N                  068 05[min]08[sec] W
 

    (b) Special local regulations. (1) The Coast Guard patrol commander 
may delay, modify, or cancel the race as conditions or circumstances 
require.
    (2) No person or vessel may enter, transit, or remain in the 
regulated area unless participating in the event or unless authorized by 
the Coast Guard patrol commander.
    (3) Vessels encountering emergencies which require transit through 
the regulated area should contact the Coast Guard patrol commander on 
VHF

[[Page 257]]

Channel 16. In the event of an emergency, the Coast Guard patrol 
commander may authorize a vessel to transit through the regulated area 
with a Coast Guard designated escort.
    (4) All persons and vessels shall comply with the instructions of 
the Coast Guard on-scene patrol commander. On-scene patrol personnel may 
include commissioned, warrant, and petty officers of the Coast Guard. 
Upon hearing five or more short blasts from a Coast Guard vessel, the 
operator of a vessel shall proceed as directed. Members of the Coast 
Guard Auxiliary may also be present to inform vessel operators of this 
regulation and other applicable laws.
    (c) Effective Period. This section is effective from 8 a.m. to 2 
p.m., annually on the second Saturday in August, unless specified in a 
Coast Guard Notice to Mariners. In case of inclement weather, this 
section will be in effect the second Sunday in August at the same time, 
unless otherwise specified in a Coast Guard Notice to Mariners.

[CGD01-96-008, 63 FR 37492, July 13 1998]



Sec. 100.110  World's Fastest Lobster Boat Race, Jonesport, ME.

    (a) Regulated area. The regulated area includes all waters of 
Moosabec Reach within the following points (NAD 83):

44[deg]31[min]36[sec] N              067[deg]36[min]54[sec] W
44[deg]31[min]48[sec] N              067[deg]34[min]42[sec] W
44[deg]31[min]36[sec] N              067[deg]34[min]42[sec] W
44[deg]31[min]18[sec] N              067[deg]36[min]54[sec] W
 

    (b) Special local regulations. (1) The Coast Guard patrol commander 
may delay, modify, or cancel the race as conditions or circumstances 
require.
    (2) No person or vessel may enter, transit, or remain in the 
regulated area unless participating in the event or unless authorized by 
the Coast Guard patrol commander.
    (3) Vessels encountering emergencies which require transit through 
the regulated area should contact the Coast Guard patrol commander on 
VHF Channel 16. In the event of an emergency, the Coast Guard patrol 
commander may authorize a vessel to transit through the regulated area 
with a Coast Guard designated escort.
    (4) All persons and vessels shall comply with the instructions of 
the on-scene Coast Guard patrol commander. On-scene patrol personnel 
include commissioned, warrant, and petty officers of the U.S. Coast 
Guard. Upon hearing five or more short blasts from a U.S. Coast Guard 
vessel, the operator of a vessel shall proceed as directed. Members of 
the Coast Guard Auxiliary will also be present to inform vessel 
operators of the regulation in this section and other applicable laws.
    (c) Effective period. This section is in effect from 10 a.m. to 1 
p.m. on July 4, 1996, and each year thereafter on a date and times 
published in a Federal Register notice. If the event is canceled due to 
weather, this section is in effect on the day following the published 
effective date.

[CGD01-95-168, 61 FR 21962, May 13, 1996]



Sec. 100.111  Stonington Lobster Boat Races, Stonington, ME.

    (a) Regulated area. The regulated area includes all waters within 
the following points:

44[deg]08.57[min] N                 068[deg]40.12[min] W
44[deg]09.05[min] N                 068[deg]40.12[min] W
44[deg]09.15[min] N                 068[deg]39.05[min] W
44[deg]09.05[min] N                 068[deg]39.00[min] W
 

    (b) Special local regulations. (1) Commander, U.S. Coast Guard Group 
Southwest Harbor reserves the right to delay, modify, or cancel the race 
as conditions or circumstances require.
    (2) No person or vessel may enter, transit, or remain in the 
regulated area during the effective period of regulation unless 
participating in the event or unless authorized by the Coast Guard 
patrol commander.
    (3) Vessels desiring to transit Deer Island Thoroughfare may do so 
without Coast Guard approval as long as the vessel remains outside the 
regulated area at specified times. No vessel will be allowed to transit 
through any portions of the regulated area during the actual race. 
Provisions will be made to allow vessels to transit the regulated area 
between race heats. In the event of an emergency, the Coast Guard patrol 
commander may authorize a vessel to transit through the regulated area 
with a Coast Guard designated escort. Vessels encountering emergencies 
which require transit through the regulated area should contact the 
Coast Guard patrol commander on VHF Channel 16.

[[Page 258]]

    (4) Spectator craft are authorized to watch the race from any area 
as long as they remain outside the designated regulated area. Spectator 
craft are expected to remain outside the regulated area from 10 a.m. to 
4 p.m. unless permission has been granted by the patrol commander.
    (5) All persons and vessels shall comply with the instructions of 
the Commander, U.S. Coast Guard Group Southwest Harbor or the designated 
on-scene patrol commander. On-scene patrol personnel include 
commissioned, warrant, and petty officers of the U.S. Coast Guard. Upon 
hearing five or more short blasts from a U.S. Coast Guard vessel, the 
operator of a vessel shall stop immediately, then proceed as directed. 
Members of the Coast Guard Auxiliary will also be present to inform 
vessel operators of this regulation and other applicable laws.
    (c) Effective period. This section is in effect from 10 a.m. to 4 
p.m. on August 3, 1996, and each year thereafter on a date and times 
specified in a Federal Register notice. If the event is canceled due to 
weather, this section is effective the following day.

[CGD01-95-051, 60 FR 43977, Aug. 24, 1995, as amended by CGDO1-96-016, 
61 FR 26105, May 24, 1996]



Sec. 100.112  Swim the Bay, Narragansett Bay, Narragansett, RI.

    (a) Regulated area. All waters of the East Passage of Narragansett 
Bay within 200 feet of participating competition swimmers.
    (b) Special local regulations. (1) The Coast Guard patrol commander 
may delay, modify, or cancel the race as conditions or circumstances 
require.
    (2) No person or vessel may enter, transit, or remain in the 
regulated area unless participating in the event or unless authorized by 
the Coast Guard patrol commander.
    (3) Vessels encountering emergencies which require transit through 
the regulated area should contact the Coast Guard patrol commander on 
VHF Channel 16. In the event of an emergency, the Coast Guard patrol 
commander may authorize a vessel to transit through the regulated area 
with the Coast Guard designated escort.
    (4) All persons and vessels shall comply with the instructions of 
the Coast Guard on-scene patrol commander. On-scene patrol personnel may 
include commissioned, warrant, and petty officers of the U.S. Coast 
Guard. Upon hearing five or more short blasts from a U.S. Coast Guard 
vessel, the operator of a vessel shall proceed as directed. Members of 
the Coast Guard Auxiliary may also be present to inform vessel operators 
of this regulation and other applicable laws.
    (c) Effective period. This section is effective on July 27, 1996, 
from 10:30 a.m. to 12:30 p.m., and each year thereafter on a date and 
times published in a Federal Register document.

[CGD01-95-170, 61 FR 26104, May 24, 1996]



Sec. 100.113  Provincetown Harbor Swim for Life, Provincetown, MA.

    (a) Regulated Area. All waters of Provincetown Harbor within 200 
feet of participating benefit swimmers.
    (b) Special Local Regulations. (1) The Coast Guard patrol commander 
may delay, modify, or cancel the race as conditions or circumstances 
require.
    (2) No person or vessel may enter, transit, or remain in the 
regulated area unless participating in the event or unless authorized by 
the Coast Guard patrol commander.
    (3) Vessels encountering emergencies which require transit through 
the regulated area should contact the Coast Guard patrol commander on 
VHF Channel 16. In the event of an emergency, the Coast Guard patrol 
commander may authorize a vessel to transit through the regulated area 
with a Coast Guard designated escort.
    (4) All persons and vessels shall comply with the instructions of 
the Coast Guard on-scene patrol commander. On-scene patrol personnel may 
include commissioned, warrant, and petty officers of the U.S. Coast 
Guard. Upon hearing five or more short blasts from a U.S. Coast Guard 
vessel, the operator of a vessel shall proceed as directed. Members of 
the Coast Guard Auxiliary may also be present to inform vessel operators 
of this regulation and other applicable laws.
    (c) Effective period. This section is effective on September 7, 
1996, from 10 a.m. to 4 p.m. and annually thereafter

[[Page 259]]

on a date and times published in a Federal Register document. If the 
event is canceled due to weather, this regulation is effective the 
following day at the same times.

[CGD 01-95-169, 61 FR 45891, Aug. 30, 1996]



Sec. 100.114  Fireworks displays within the First Coast Guard District.

    (a) Regulated area. That area of navigable waters within a 500-year 
radius of the launch platform for each fireworks display listed in the 
following table.

                                             Fireworks Display Table
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                                                       May
----------------------------------------------------------------------------------------------------------------
New York:
    5.1..................................  First and Second Saturday in May........  Name: Ellis Island Medals
                                                                                      of Honor Ceremony.
                                                                                     Sponsor: The Forum.
                                                                                     Time: 10:00 p.m. to 12:00
                                                                                      a.m.
                                                                                     Location: New York Harbor,
                                                                                      Upper Bay. A barge
                                                                                      approximately 360 yards
                                                                                      east of Ellis Island.
                                                                                      40[deg]41[min]15[sec] /
                                                                                      074[deg]02[min]9[sec] W
                                                                                      (NAD 1983).
New York:
    5.2..................................  Friday before Memorial Day..............  Name: Hempstead Harbor.
                                                                                     Sponsor: Town of North
                                                                                      Hempstead, NY.
                                                                                     Time: 8:30 p.m. to 10:30
                                                                                      p.m.
                                                                                     Location: Hempstead Harbor.
                                                                                      A barge approximately 335
                                                                                      yards north of Bar Beach.
                                                                                      40[deg]49[min]54[sec] N/
                                                                                      073[deg]39[min]14[sec] W
                                                                                      (NAD 1983).
New York:
    5.3..................................  Memorial Day............................  Name: South Street Seaport
                                                                                      Memorial Day.
                                                                                     Sponsor: South Street
                                                                                      Seaport Marketplace.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: East River
                                                                                      Manhattan. A barge
                                                                                      approximately 475 yards
                                                                                      south of the Brooklyn
                                                                                      Bridge
                                                                                      40[deg]42[min]10[sec] N/
                                                                                      074[deg]00[min]01[sec] W
                                                                                      (NAD 1983).
Massachusetts:
    5.4..................................  A night during Memorial Day Weekend.....  Name: Hull Memorial Day
                                                                                      Festival.
                                                                                     Sponsor: Town of Hull.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Barge located 200
                                                                                      yards off Nantasket Beach,
                                                                                      Hull, MA.
----------------------------------------------------------------------------------------------------------------
                                                      June
----------------------------------------------------------------------------------------------------------------
New York:
    6.1..................................  The last two Tuesdays in June...........  Name: Staten Island Summer.
                                                                                     Sponsor: Borough of Staten
                                                                                      Island.
                                                                                     Time: 8:30 p.m. to 10:30
                                                                                      p.m.
                                                                                     Location: New York Harbor,
                                                                                      Lower Bay--approximately
                                                                                      350 yards east of South
                                                                                      Beach, Staten Island.
                                                                                      40[deg]35[min]11[sec] N/
                                                                                      074[deg]03[min]42[sec] W
                                                                                      (NAD 1983).
Maine:
    6.2..................................  A night during the last week in June....  Name: Windjammer Days
                                                                                      Fireworks.
                                                                                     Sponsor: Boothbay Harbor
                                                                                      Chamber or Commerce.
                                                                                     Time: 9:00 p.m. to 11:00
                                                                                      p.m.
                                                                                     Location: Mcfarland Island,
                                                                                      Boothbay Harbor, ME.
                                                                                      43[deg]50[min]48[sec] N/
                                                                                      069[deg]37[min]36[sec] W
                                                                                      (NAD 1983).
Connecticut:
    6.3..................................  A night during the Last week in June....  Name: Barnum Festival
                                                                                      Fireworks.
                                                                                     Sponsor: The Barnum
                                                                                      Foundation.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Seaside Park--
                                                                                      Bridgeport Harbor,
                                                                                      Bridgeport, CT.
                                                                                      43[deg]11[min]30[sec] N/
                                                                                      072[deg]00[min]30[sec] W
                                                                                      (NAD 1983).
New York:
    6.4..................................  Last Sunday in June.....................  Name: Heritage of Pride.
                                                                                     Sponsor: Heritage of Pride
                                                                                      Inc.
                                                                                     Time: 9:30 p.m. to 11:30
                                                                                      p.m.
                                                                                     Location: Hudson River,
                                                                                      Manhattan, NY. A barge
                                                                                      approximately 400 yards
                                                                                      west of Pier 54.
                                                                                      40[deg]44[min]31[sec] N/
                                                                                      074[deg]01[min]00[sec] W
                                                                                      (NAD 1983).
Massachusetts:

[[Page 260]]

 
    6.5..................................  Thursday prior to July 4th..............  Name: Boston Harborfest
                                                                                      Fireworks.
                                                                                     Sponsor: Harborfest
                                                                                      Committee.
                                                                                     Time: 9:30 p.m. to 10.30
                                                                                      p.m.
                                                                                     Location: Just Off Coast
                                                                                      Guard Base, Boston Harbor,
                                                                                      MA 42[deg]22[min]53[sec] N/
                                                                                      71[deg]02[min] 56[sec] W
                                                                                      (NAD 1983).
                                                      July
----------------------------------------------------------------------------------------------------------------
New York:
    7.1..................................  Each Tuesday in July....................  Name: Staten Island Summer.
                                                                                     Sponsor: Borough of Staten
                                                                                      Island.
                                                                                     Time: 8:30 p.m. to 10:30
                                                                                      p.m.
                                                                                     Location: New York Harbor,
                                                                                      Lower Bay--approximately
                                                                                      350 yards east of South
                                                                                      Beach, Staten Island.
                                                                                      40[deg]35[min]11[sec] N/
                                                                                      074[deg]03[min]42[sec] W
                                                                                      (NAD 1983).
Massachusetts:
    7.2..................................  Thursday prior to July 4th..............  Name: Boston Harborfest
                                                                                      Fireworks.
                                                                                     Sponsor: Harborfest
                                                                                      Committee.
                                                                                     Time: 9:30 p.m. to 10:30
                                                                                      p.m.
                                                                                     Location: Just Off Coast
                                                                                      Guard Base, Boston Harbor,
                                                                                      MA 42[deg]22[min]53[sec] N/
                                                                                      71[deg]02[min]56[sec] W
                                                                                      (NAD 1983).
Connecticut:
    7.3..................................  A night during the First week in July     Name: American Legion Post
                                            (or Last week in June).                   83 Fireworks.
                                                                                     Sponsor: Town of Branford
                                                                                      American Legion Post.
                                                                                     Time: 9:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Branford Point,
                                                                                      Branford, CT.
                                                                                      41[deg]21[min]N/
                                                                                      072[deg]05[min]20[sec] W
                                                                                      (NAD 1983).
New York:
    7.4..................................  A night during the First week in July...  Name: Devon Yacht Club
                                                                                      Fireworks.
                                                                                     Sponsor: Devon Yacht Club,
                                                                                      Amagansett, NY.
                                                                                     Time: 9:30 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Devon Yacht Club,
                                                                                      Amagansett, NY.
                                                                                      40[deg]00[min]00[sec] N/
                                                                                      072[deg]06[min]12[sec] W
                                                                                      (NAD 1983).
New York:
    7.5..................................  July 1st................................  Name: Wards Island.
                                                                                     Sponsor: New York Power
                                                                                      Authority.
                                                                                     Time: 8:30 p.m. to 10:30
                                                                                      p.m.
                                                                                     Location: East River, Wards
                                                                                      Island, NY. A land shoot
                                                                                      approximately 200 yards
                                                                                      northeast of the Triboro
                                                                                      Bridge.
                                                                                      40[deg]46[min]55.5[sec] N/
                                                                                      073[deg]55[min]33[sec] W
                                                                                      (NAD 1983).
New York:
    7.6..................................  July 2nd, 3rd and 4th...................  Name: Playland Park.
                                                                                     Sponsor: Playland Park.
                                                                                     Time: 9 p.m. to 11 p.m.
                                                                                     Location: Western Long
                                                                                      Island Sound, a barge
                                                                                      anchored in approximate
                                                                                      position
                                                                                      40[deg]57[min]47[sec] N/
                                                                                      073[deg]40[min]06[sec] W
                                                                                      (NAD 1983), approximately
                                                                                      400 yards northeast of Rye
                                                                                      Beach Breakwater.
Maine:
    7.7..................................  A night during the First two weeks in     Name: Schooner Days
                                            July.                                     Fireworks.
                                                                                     Sponsor: Town of Rockland
                                                                                      Chamber of Commerce.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Rockland Harbor,
                                                                                      Rockland, ME.
Connecticut:
    7.8..................................  A night during the First two weeks in     Name: Stamford Fireworks.
                                            July.                                    Sponsor: City of Stamford.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Westcott Cove,
                                                                                      Stamford, CT.
                                                                                      41[deg]02[min]01[sec] N/
                                                                                      73[deg]30[min]3[sec] W
                                                                                      (NAD 1983).
New York:
    7.9..................................  A night during the First two weeks in     Name: Town of Babylon
                                            July.                                     Fireworks.
                                                                                     Sponsor: Town of Babylon,
                                                                                      NY.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Nezeras Island,
                                                                                      Babylon, NY.
Massachusetts:

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    7.10.................................  Friday or Saturday prior to July 4th....  Name: Hingham 4th of July
                                                                                      Fireworks.
                                                                                     Sponsor: Town of Hingham,
                                                                                      MA.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Hingham Harbor,
                                                                                      Hingham, MA.
                                                                                      42[deg]15[min]30[sec] N/
                                                                                      70[deg]53[min]2[sec] W
                                                                                      (NAD 1983).
Massachusetts:
    7.11.................................  Friday or Saturday prior to July 4th....  Name: Weymouth 4th of July
                                                                                      Fireworks.
                                                                                     Sponsor: Town of Weymouth
                                                                                      Harbormaster.
                                                                                     Time: 8:30 p.m. to 10:45
                                                                                      p.m.
                                                                                     Location: Weymouth Fore
                                                                                      River, Weymouth, MA.
                                                                                      42[deg]15[min]30[sec] N/
                                                                                      70[deg]56[min]6[sec] W
                                                                                      (NAD 1983).
Vermont:
    7.12.................................  July 3rd................................  Name: Burlington Fireworks
                                                                                      Display.
                                                                                     Sponsor: City of
                                                                                      Burlington, VT.
                                                                                     Time: 8:30 p.m. to 11:00
                                                                                      p.m.
                                                                                     Location: Lake Champlain,
                                                                                      Burlington Bay, VT. A
                                                                                      barge beside the
                                                                                      Burlington Bay Breakwater.
                                                                                      44[deg]28[min]30.5[sec] N/
                                                                                      073[deg]13[min]32[sec] W
                                                                                      (NAD 1983).
Massachusetts:
    7.13.................................  July 3rd................................  Name: Gloucester Fireworks.
                                                                                     Sponsor: Gloucester Chamber
                                                                                      of Commerce.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Gloucester
                                                                                      Harbor, Stage Fort Park.
                                                                                      Gloucester, MA.
Connecticut:
    7.14.................................  July 3rd................................  Name: Summer Music
                                                                                      Fireworks.
                                                                                     Sponsor: Summer Music, Inc.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Off of Harkness
                                                                                      Park, Long Island Sound,
                                                                                      Waterford, CT.
                                                                                      41[deg]18[min]00[sec] N/
                                                                                      072[deg]06[min]42[sec] W.
New Jersey:
    7.15.................................  July 3rd................................  Name: Fireworks on the
                                                                                      Navesink.
                                                                                     Sponsor: Red Bank Fireworks
                                                                                      Committee.
                                                                                     Time: 8:30 p.m. to 10:30
                                                                                      p.m.
                                                                                     Location: Navesink River, a
                                                                                      barge approximately 360
                                                                                      yards northwest of Red
                                                                                      Bank Reach, NJ.
                                                                                      40[deg]21[min]20[sec] N/
                                                                                      074[deg]04[min]10[sec] W
                                                                                      (NAD 1983).
New York:
    7.16.................................  July 3rd................................  Name: Salute to Veterans.
                                                                                     Sponsor: Town of North
                                                                                      Hempstead, NY
                                                                                     Time: 9:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Hempstead, NY.
                                                                                      Point Lookout
                                                                                      40[deg]35[min]34[sec] N/
                                                                                      073[deg]35[min]24[sec] W
                                                                                      (NAD 1983).
Maine:
    7.17.................................  July 4th (Rain date: July 5th)..........  Name: Bangor Fireworks.
                                                                                     Sponsor: Bangor 4th of July
                                                                                      Corporation.
                                                                                     Time: 9:30 p.m. to 10 p.m.
                                                                                     Location: Bangor/Brewer
                                                                                      waterfront, ME.
                                                                                      44[deg]47[min]6[sec] N/
                                                                                      068[deg]11[min]8[sec] W
                                                                                      (NAD 1983).
Maine:
    7.18.................................  July 4th................................  Name: Bar Harbor Fireworks.
                                                                                     Sponsor: Bar Harbor Chamber
                                                                                      of Commerce.
                                                                                     Time: 8:30 p.m. to 9:30
                                                                                      p.m.
                                                                                     Location: Bar Habor/Bar
                                                                                      Island, ME.
                                                                                      44[deg]23[min]6[sec] N/
                                                                                      068[deg]11[min]8[sec] W
                                                                                      (NAD 1983).
Maine:
    7.19.................................  July 4th................................  Name: Stewart's 4th of July
                                                                                      Fireworks Display.
                                                                                     Sponsor: W.P. Stewart.
                                                                                     Time: 9:00 p.m. to 9:30
                                                                                      p.m.
                                                                                     Location: Somes Sound,
                                                                                      Northeast Harbor, ME.
                                                                                      44[deg]18[min]3[sec] N/
                                                                                      068[deg]18[min]2[sec] W
                                                                                      (NAD 1983).
Maine:
    7.20.................................  July 4th................................  Name: Walsh's Fireworks.
                                                                                     Sponsor: Mr. Patrick Walsh.
                                                                                     Time: 8:30 p.m. to 9:30
                                                                                      p.m.
                                                                                     Location: Union River, Bay,
                                                                                      ME. 44[deg]23[min]5[sec] N/
                                                                                      068[deg]27[min]2[sec] W
                                                                                      (NAD 1983).
Massachusetts:

[[Page 262]]

 
    7.21.................................  July 4th................................  Name: Town of Barnstable
                                                                                      Fireworks.
                                                                                     Sponsor: Town of