[Title 33 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2008 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
33
Parts 1 to 124
Revised as of July 1, 2008
Navigation and Navigable Waters
________________________
Containing a codification of documents of generalapplicability
and future effect
As of July 1, 2008
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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[[Page iii]]
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........ 707
Table of CFR Titles and Chapters........................ 709
Alphabetical List of Agencies Appearing in the CFR...... 729
List of CFR Sections Affected........................... 739
[[Page iv]]
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Cite this Code: CFR
To cite the regulations in
this volume use title,
part and sectionnumber.
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 thegeneral and
permanent rules published in the Federal Register by theExecutive
departments and agencies of the Federal Government. The Codeis divided
into 50 titles which represent broad areas subject toFederal regulation.
Each title is divided into chapters which usuallybear the name of the
issuing agency. Each chapter is furthersubdivided into parts covering
specific regulatory areas.
Each volume of the Code is revised at least once each calendaryear
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 eachvolume.
LEGAL STATUS
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HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code ofFederal Regulations is kept up to date by the individual
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To determine whether a Code volume has been amended since
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EFFECTIVE AND EXPIRATION DATES
Each volume of the Codecontains amendments published in the Federal
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OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980(Pub. L. 96-511) requires Federal
agencies to display an OMBcontrol number with their information
collection request.
[[Page vi]]
Manyagencies have begun publishing numerous OMB control numbers
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OBSOLETE PROVISIONS
Provisions that become obsoletebefore the revision date stated on
the cover of each volume are notcarried. Code users may find the text of
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1972, or 1973-1985, published in seven separatevolumes. For the period
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INCORPORATION BY REFERENCE
What is incorporation byreference? Incorporation by reference was
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Thismaterial, like any other properly issued regulation, has the force
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What is a proper incorporation by reference? The Director ofthe
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(a) The incorporation will substantially reduce the volume
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(b) The matter incorporated is in fact available to the
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(c) The incorporating document is drafted and submitted
forpublication in accordance with 1 CFR part 51.
Properly approved incorporations by reference in this volume
arelisted in the Finding Aids at the end of this volume.
What if the material incorporated by reference cannot befound? If
you have any problem locating or obtaining a copy ofmaterial listed in
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the revision dates of the 50 CFR titles.
[[Page vii]]
REPUBLICATION OF MATERIAL
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Director,
Office of the Federal Register.
July 1, 2008.
[[Page ix]]
THIS TITLE
Title 33--Navigation and Navigable Waters is composedof three
volumes. The contents of these volumes represent all currentregulations
codified under this title of the CFR as of July 1, 2008.The first and
second volumes, parts 1-124 and 125-199,contain current regulations of
the Coast Guard, Department of HomelandSecurity. The third volume, part
200 to End, contains currentregulations of the Corps of Engineers,
Department of the Army, and theSaint Lawrence Seaway Development
Corporation, Department ofTransportation.
In volumes one and two, subject indexes follow the subchaptersin
chapter I.
For this volume, Bonnie Fritts was Chief Editor. The Code ofFederal
Regulations publication program is under the direction ofMichael L.
White, assisted by Ann Worley.
[[Page 1]]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
(This book contains parts 1 to 124)
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Part
chapter i--Coast Guard, Department of HomelandSecurity...... 1
Abbreviations Used in This Chapter:
BMC =Chief Boatswains Mate. CGFR = Coast Guard Federal
Registerdocument number. CG = Coast Guard. EM = Electrician'sMate. LS
= Lightship. NC = Flag hoist meaning, ``Iam in distress and require
immediate assistance.'' NCG =Call letters for any Coast Guard Shore
Radio Station. OAN =Aids to Navigation Division. PTP = Training
andProcurement. U.S.C.G. = United States Coast Guard.
[[Page 3]]
CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELANDSECURITY
--------------------------------------------------------------------
Editorial Note: Nomenclature changes to Chapter Iappear at 70 FR
75734, Dec. 21, 2005.
SUBCHAPTER A--GENERAL
Part Page
1 General provisions.......................... 7
2 Jurisdiction................................ 28
3 Coast Guard areas, districts, sectors,
marine inspection zones,and Captain of
the Port zones.......................... 33
4 OMB control numbers assigned pursuant to the
Paperwork ReductionAct.................. 52
5 Coast Guard Auxiliary....................... 53
6 Protection and security of vessels, harbors,
and waterfrontfacilities................ 58
8 United States Coast Guard Reserve........... 62
13 Decorations, medals, ribbons and similar
devices................................. 63
17 United States Coast Guard general gift fund. 66
19 Waivers of navigation and vessel inspection
laws and regulations.................... 68
20 Rules of practice, procedure, and evidence
for formaladministrative proceedings of
the Coast Guard......................... 71
23 Distinctive markings for Coast Guard vessels
and aircraft............................ 92
25 Claims...................................... 94
26 Vessel bridge-to-bridge radiotelephone
regulations............................. 105
27 Adjustment of civil monetary penalties for
inflation............................... 108
Index to Subchapter A....................... 113
SUBCHAPTER B--PERSONNEL
40 Cadets of the Coast Guard................... 119
45 Enlistment of personnel..................... 119
49 Payment of amounts due mentally incompetent
Coast Guard personnel................... 120
50 Coast Guard Retiring Review Board........... 122
51 Coast Guard Discharge Review Board.......... 124
[[Page 4]]
52 Board for Correction of Military Records of
the Coast Guard......................... 129
53 Coast Guard whistleblower protection........ 136
54 Allotments from active duty pay for certain
support obligations..................... 139
55 Child Development Services.................. 140
Index to Subchapter B....................... 143
SUBCHAPTER C--AIDS TO NAVIGATION
60
[Reserved]
62 United States aids to navigation system..... 146
64 Marking of structures, sunken vessels and
other obstructions...................... 154
66 Private aids to navigation.................. 157
67 Aids to navigation on artificial islands and
fixed structures........................ 165
70 Interference with or damage to aids to
navigation.............................. 179
72 Marine information.......................... 180
74 Charges for Coast Guard aids to navigation
work.................................... 182
76 Sale and transfer of aids to navigation
equipment............................... 183
Index to Subchapter C....................... 185
SUBCHAPTER D--INTERNATIONAL NAVIGATION RULES
Note: Application of the 72 COLREGS to
territories and possessions............. 189
80 COLREGS demarcation lines................... 190
81 72 COLREGS: Implementing Rules.............. 207
82 72 COLREGS: Interpretative Rules............ 209
Index to Subchapter D....................... 211
SUBCHAPTER E--INLAND NAVIGATION RULES
84 Annex I: Positioning and technical details
of lights and shapes.................... 225
85 Annex II: Additional signals for fishing
vessels fishing in closeproximity....... 229
86 Annex III: Technical details of sound signal
appliances.............................. 229
87 Annex IV: Distress signals.................. 231
88 Annex V: Pilot rules........................ 232
89 Inland navigation rules: implementing rules. 234
90 Inland rules: Interpretative rules.......... 237
Index to Subchapter E....................... 239
SUBCHAPTER F--VESSEL OPERATING REGULATIONS
95 Operating a vessel while under the influence
of alcohol or adangerous drug........... 241
[[Page 5]]
96 Rules for the safe operation of vessels and
safety managementsystems................ 243
Index to Subchapter F....................... 257
SUBCHAPTER G--REGATTAS AND MARINE PARADES
100 Safety of life on navigable waters.......... 258
Index to Subchapter G....................... 327
SUBCHAPTER H--MARITIME SECURITY
101 Maritime Security: General.................. 330
102
Maritime Security: National maritime transportation security[Reserved]
103 Maritime security: Area maritime security... 343
104 Maritime security: Vessels.................. 347
105 Maritime security: Facilities............... 373
106 Marine Security: Outer Continental Shelf
(OCS) facilities........................ 399
107 National Vessel and Facility Control
Measures and Limited AccessAreas........ 417
Index to Subchapter H....................... 423
SUBCHAPTER I--ANCHORAGES
109 General..................................... 426
110 Anchorage regulations....................... 427
Index to Subchapter I....................... 537
SUBCHAPTER J--BRIDGES
114 General..................................... 541
115 Bridge locations and clearances;
administrative procedures............... 543
116 Alteration of unreasonably obstructive
bridges................................. 547
117 Drawbridge operation regulations............ 552
118 Bridge lighting and other signals........... 665
Index to Subchapter J....................... 673
SUBCHAPTER K--SECURITY OF VESSELS
120 Security of passenger vessels............... 685
Index to Subchapter K....................... 691
[[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, SeventeenthCoast 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 PenaltyProceedings
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 commercialfishing industry
vessels.
Subpart 1.08_Written Warnings by Coast Guard BoardingOfficers
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 andProduction of Records
in Legal Proceedings
1.20-1 Testimony by Coast Guard personnel andproduction of records.
Subpart 1.25_Fees and Charges for Certain Records andServices
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 ofPersonal
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 andservices.
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; Department of HomelandSecurity
Delegation No. 0170.1; section 1.01-70 also issuedunder the authority of
E.O. 12580, 3 CFR, 1987 Comp., p. 193; andsections 1.01-80 and 1.01-85
also issued under theauthority 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
hisdistrict of
[[Page 8]]
the functions of the Coast Guard, which in generalterms are maritime law
enforcement, saving and protecting life andproperty, safeguarding
navigation on the high seas and navigablewaters of the United States,
and readiness for military operations, isdelegated to the District
Commander by the Commandant. In turndelegations of final authority run
from the District Commander tocommanding officers of units under the
District Commander for theperformance of the functions of law
enforcement, patrol of marineregattas and parades, and the saving of
life and property which comewithin the scope of their activities.
[CGFR 48-72, 13 FR 9330, Dec. 31, 1948]
Sec. 1.01-20 Officer in Charge, Marine Inspection.
(a) Officers in Charge, Marine Inspection (OCMI), have
beendesignated and delegated to perform, within each OCMI's
jurisdiction,the following functions: Inspection of vessels in order to
determinethat they comply with the applicable laws, rules, and
regulationsrelating to safe construction, equipment, manning, and
operation andthat they are in a seaworthy condition for the services in
which theyare operated; shipyard and factory inspections; the
investigation ofmarine casualties and accidents; the licensing,
certificating,shipment and discharge of seamen; the investigating and
initiating ofaction in cases of misconduct, negligence, or incompetence
of merchantmarine officers or seamen; and the enforcement of vessel
inspection,navigation, and seamen's laws in general. Specific procedures
forappealing the decisions of the Officer in Charge, Marine
Inspection,or of his subordinates are set forth in 46 CFR parts 1 to 4.
(b) The Commanding Officer of the National Maritime Center hasbeen
designated and delegated the same authority as an OCMI for thepurpose of
carrying out the following marine safety functions pursuantto the
provisions of 46 CFR Subchapter B:
(1) Licensing, credentialing, certificating, shipment anddischarge
of seamen;
(2) Referring to the processing Regional Examination Center (REC)or
cognizant OCMI potential violations of law, negligence,
misconduct,unskillfulness, incompetence or misbehavior of persons
holdingmerchant mariner's documents, licenses, certificates or
credentialsissued by the Coast Guard, and recommending suspension or
revocationunder 46 U.S.C. Chapter 77 when deemed appropriate; and
(3) Granting, withholding, suspending, or withdrawing
courseapprovals.
[CGFR 48-72, 13 FR 9330, Dec. 31, 1948; as amended byUSCG-1998-3799, 63
FR 35525, June 30, 1998;USCG-2006-25535, 72 FR 7929, Feb. 22, 2007]
Sec. 1.01-30 Captains of the Port.
Captains of the Port and their representatives enforce withintheir
respective areas port safety and security and marineenvironmental
protection regulations, including, without limitation,regulations for
the protection and security of vessels, harbors, andwaterfront
facilities; anchorages; security zones; safety zones;regulated
navigation areas; deepwater ports; water pollution; andports 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
takefinal agency action under 46 CFR part 5, Subparts I, J and K on
eachpetition to reopen a hearing and on each appeal from a decision of
anAdministrative Law Judge, except on petition or appeal in a case
inwhich an order of revocation has been issued. This delegation does
notprevent the Vice Commandant from acting as Commandant, as
prescribedin 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 byCGD 97-023, 62 FR
33361, June 19, 1997]
Sec. 1.01-50 Delegation to District Commander, Seventeenth Coast GuardDistrict.
The Commandant redelegates to the District Commander,
SeventeenthCoast Guard District, the authority in 46 U.S.C. 3302(i)(1)
to issuepermits to
[[Page 9]]
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
forOperations, the authority to issue the following permits for
theconstruction, reconstruction, or alteration of bridges
acrossnavigable waters of the United States:
(1) Those that require:
(i) An environmental assessment or environmental impact
statementunder the National Environmental Policy Act of 1969, as
amended, (42U.S.C. 4321 et seq.) and all implementing regulations,
orders, andinstructions.
(ii) A determination under section 4(f) of the Department
ofTransportation Act of 1966 (49 U.S.C. 1653).
(iii) Concurrence of the Department of Transportation under DOTOrder
5610.1C (Procedures for Considering Environmental Impacts).
(2) Those that require a Presidential permit and approval underthe
International Bridge Act of 1972 (33 U.S.C. 535).
(3) Those that require the amendment of an existing permit issuedby
the U.S. Army Corps of Engineers.
(4) Those that raise substantial unresolved controversy involvingthe
public, or are objected to by Federal, State, or local
governmentagencies.
(5) Those authorized by the Commandant upon the appeal of adistrict
commander's decision denying a permit.
(b) The Commandant delegates to each Coast Guard DistrictCommander,
with the reservation that this authority shall not befurther
redelegated, the authority to issue all permits for theconstruction,
reconstruction, or alteration of bridges acrossnavigable waters of the
United States other than those specified inparagraph (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; CGD97-023, 62 FR 33361, June 19, 1997]
Sec. 1.01-70 CERCLA delegations.
(a) For the purpose of this section, the definitions in section101
of the Comprehensive Environmental Response, Compensation, andLiability
Act of 1980 (Pub. L. 96-510), as amended by theSuperfund Amendments and
Reauthorization Act of 1986 (Pub. L.99-499), apply. The Act, as amended,
is referred to in thissection as CERCLA.
(b) The Assistant Commandant for Marine Safety, Security
andEnvironmental Protection (G-M) is delegated authority to take
remedialaction involving vessels under section 104 of CERCLA.
(c) Each Maintenance and Logistics Commander is delegated
contractauthority, consistent with each memorandum of understanding
betweenthe Coast Guard and the Environmental Protection Agency
regardingCERCLA funding mechanisms, for the purpose of carrying out
responseactions 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
animminent and substantial endangerment to the public health or
welfareor the environment because of an actual or threatened release of
ahazardous substance from a facility, and to secure such relief as maybe
necessary to abate such danger or threat through the United
Statesattorney of the district in which the threat occurs.
(2) Authority, pursuant to section 109 of CERCLA, to assesspenalties
relating to violations of sections 103 (a) and (b)pertaining to
notification requirements, section 108 pertaining tofinancial
responsibility for release of hazardous substances fromvessels, and
section 122 pertaining to administrative orders andconsent decrees.
(3) Authority, pursuant to section 108 of CERCLA, to deny entry
toany port or place in the United States or to the navigable waters
ofthe United States and detain at any port or place in the United
Statesany 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, andparagraph
(g) of
[[Page 10]]
this section, each Coast Guard official,predesignated as an On-Scene
Coordinator, is delegated authority asfollows:
(1) Authority, pursuant to CERCLA sections 104(a), 104(b), 104(c)and
consistent with the National Contingency Plan, to remove orarrange for
the removal of releases and threatened releases ofhazardous substances,
and of pollutants or contaminants which maypresent an imminent and
substantial danger to the public health orwelfare.
(2) Authority, pursuant to CERCLA section 104(i)(11), to take
suchsteps as may be necessary to reduce exposure that presents
asignificant risk to human health, and to eliminate or
substantiallymitigate that significant risk to human health.
(3) Authority, pursuant to CERCLA section 106(a), to issue ordersto
protect the public health and welfare and the environment wheneverthat
official determines that a release or threatened release of ahazardous
substance from a facility may present an imminent andsubstantial
endangerment to the public health or welfare or theenvironment.
(4) Authority, pursuant to CERCLA section 104(e), except
section104(e)(7)(C), to enter establishments or other places where
hazardoussubstances are or have been generated, stored, treated,
disposed of,or transported from to inspect and obtain records, reports,
samplesand information in support of the response functions delegated
inparagraphs (d), (e)(1), (e)(2), and (e)(3) of this section.
(5) Authority, pursuant to CERCLA section 122, to enter into
anagreement with any person (including the owner or operator of
thevessel or facility from which a release or substantial threat
ofrelease emanates, or any other potential responsible person),
toperform any response action, provided that such action will be
doneproperly 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 isgranted
in this section may redelegate and authorize successiveredelegations of
that authority. The authority granted in paragraph(e)(3) of this section
may only be redelegated to commissionedofficers.
(g) The response authority described in paragraph (e)(1) of
thissection does not include authority to--
(1) Summarily remove or destroy a vessel; or
(2) Take any other action that constitutes intervention underCERCLA,
the Intervention on the High Seas Act (33 U.S.C. 1471 et.seq.), or other
applicable laws. ``Intervention'' meansany detrimental action taken
against the interest of a vessel or itscargo without the consent of the
vessel's owner or operator.
[CGD 88-051, 53 FR 30259, Aug. 11, 1988, as amended byCGD 91-225, 59 FR
66484, Dec. 27, 1994; CGD 96-026, 61FR 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
ofsection 311 of the Federal Water Pollution Control Act (FWPCA),
asamended [33 U.S.C. 1321] and provisions of the Oil Pollution Act
of1990 (OPA 90). The definitions in subsection (a) of section 311 of
theFWPCA and section 1001 of OPA 90 [33 U.S.C. 2701] apply.
(b) The Assistant Commandant for Marine Safety, Security
andEnvironmental Protection, is delegated authority to require the
owneror operator of a facility to establish and maintain such records,
makesuch reports, install, use, and maintain such monitoring equipment
andmethods, and provide such other information as may be required
tocarry out the objectives of section 311 of the FWPCA [33 U.S.C. 1321].
(c) Each District and Area Commander is delegated authority
withinthe Commander's assigned district or area to--
(1) Deny entry to any place in the United States or to thenavigable
waters of the United States, and to detain at any place inthe United
States, any vessel subject to section 1016 of OPA 90 [33U.S.C. 2716]
that, upon request, does not provide evidence offinancial
responsibility;
(2) Seize and, through the Chief Counsel, seek forfeiture to
theUnited
[[Page 11]]
States of any vessel subject to the requirements of section1016 of OPA
90 [33 U.S.C. 2716] that is found in the navigable watersof the United
States without the necessary evidence of financialresponsibility;
(3) Assess any class I civil penalty under subsection (b) ofsection
311 of the FWPCA [33 U.S.C. 1321], in accordance with theprocedures in
subpart 1.07 of this chapter;
(4) Assess any civil penalty under section 4303 of OPA 90 [33U.S.C.
2716a] in accordance with the procedures in subpart 1.07 ofthis chapter;
(5) Board and inspect any vessel upon the navigable waters of
theUnited States or the waters of the contiguous zone, except for
publicvessels; with or without warrant, arrest any person who, in
theCommander's presence or view, violates a provision of section 311
ofthe FWPCA [33 U.S.C. 1321] or any regulation issued thereunder;
andexecute any warrant or other process issued by an officer or court
ofcompetent jurisdiction, as prescribed in section 311(m)(1) of theFWPCA
[33 U.S.C. 1321(m)(1)];
(6) Enter and inspect any facility in the coastal zone atreasonable
times; have access to and copy any records; take samples;inspect
monitoring equipment required by section 311(m)(2)(A) of theFWPCA [33
U.S.C. 1321(m)(2)(A)]; with or without warrant, arrest anyperson who, in
the Commander's presence or view, violates a provisionof section 311 of
the FWPCA [33 U.S.C. 1321] or any regulation issuedthereunder; and
execute any warrant or other process issued by anofficer or court of
competent jurisdiction, as prescribed in section311(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
[33U.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
undersection 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-
SceneCoordinator by the applicable Regional Contingency Plan is
delegatedauthority pursuant to section 311(c) of the FWPCA [33 U.S.C.
1321(c)],subject to paragraph (e) of this section, in accordance with
theNational Contingency Plan and any appropriate Area Contingency
Plan,to ensure the effective and immediate removal of a discharge
andmitigation or prevention of a substantial threat of a discharge of
oilor a hazardous substance by--
(1) Removing or arranging for the removal of a discharge
andmitigating or preventing an imminent and substantial threat of
adischarge at any time;
(2) Directing or monitoring all Federal, State, and privateactions
to remove a discharge, including issuance of orders;
(3) Determining, pursuant to section 311(c) of the FWPCA [33U.S.C.
1321(c)], whether a discharge or a substantial threat of adischarge of
oil or a hazardous substance from a vessel, offshorefacility, or onshore
facility is of such a size or character as to bea substantial threat to
the public health or welfare of the UnitedStates (including, but not
limited to fish, shellfish, wildlife, othernatural resources, and the
public and private beaches and shorelinesof the United States); and, if
it is, directing all Federal, State,and private actions to remove the
discharge or to mitigate or preventthe threatened discharge;
(4) Determining, pursuant to section 311(e) of the FWPCA [33U.S.C.
1321(e)], that there may be an imminent and substantial threatto the
public health and welfare of the United States, and, if thereis, may--
(i) Determine an imminent and substantial threat as a basis
forrecommending 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
welfarecaused by a discharge of oil or a hazardous substance.
(e) The authority described in paragraph (d) of this section doesnot
include the authority to--
(1) Remove or destroy a vessel; or
[[Page 12]]
(2) Take any other action that constitutes intervention underthe
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 takenagainst the interest of a vessel or its cargo
without the consent ofthe vessel's owner or operator.
[CGD 91-225, 59 FR 66484, Dec. 27, 1994, as amended byCGD 96-026, 61 FR
33662, June 28, 1996; CGD 97-023, 62FR 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 inSec. 1.01-80 may redelegate and
authorize successiveredelegations of that authority within the command
under the officer'sjurisdiction, 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
StatesCoast Guard may be authorized to carry out the functions delegated
tosuperior officials under Sec. Sec. 1.01-1,1.01-20, 1.01-30, 1.01-70,
and 1.07-80, orredelegated under Sec. 1.01-85, within thejurisdiction
of the cognizant official. They will do so under thesupervision 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 ofHomeland Security
Delegation No. 0170.1.
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
variousstatutes to issue regulations regarding the functions, powers
andduties of the Coast Guard.
(b) The Secretary of Homeland Security has delegated much of
thisauthority to the Commandant, U.S. Coast Guard, including authority
toissue regulations regarding the functions of the Coast Guard and
theauthority to redelegate and authorize successive redelegations of
thatauthority within the Coast Guard.
(c) The Commandant has reserved the authority to issue any rulesand
regulations determined to be significant under Executive Order12866,
Regulatory Planning and Review.
(d) The Commandant has redelegated the authority to develop andissue
those regulations necessary to implement laws, treaties andExecutive
Orders to the Assistant Commandant for Marine Safety,Security and
Stewardship (CG-5). The Commandant furtherredelegates this same
authority to the Director, National PollutionFund Center (Director,
NPFC) for those regulations within theDirector, NPFC area of
responsibility.
(1) The Assistant Commandant for Marine Safety, Security,
andStewardship may further reassign the delegated authority of
thisparagraph to:
(i) Any Director within the CG-5 Directorate asappropriate; or
(ii) Any other Assistant Commandant as appropriate.
(2) The authority redelegated in paragraph (d) of this section
islimited to those regulations determined to be nonsignificant withinthe
meaning of Executive Order 12866.
(e)(1) The Commandant has redelegated to Coast Guard
DistrictCommanders, with the reservation that this authority shall not
befurther redelegated, the authority to issue regulations pertaining
tothe 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.
(2) This delegation does not extend to those matters specified
inparagraph (c) of this section or rules and regulations which have
beenshown to raise substantial issues or to generate controversy.
(f) Except for those matters specified in paragraph (c) of
thissection, the
[[Page 13]]
Commandant has redelegated to Coast Guard Captains ofthe Port, with the
reservation that this authority shall not befurther redelegated, the
authority to establish safety and securityzones and special local
regulations.
(g) The Commandant has redelegated to Coast Guard
DistrictCommanders, Captains of the Port, the Assistant Commandant
forOperations, and the Assistant Commandant for Marine Safety,
Securityand Stewardship, the authority to make the certification
required bysection 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
theyissue.
(h) The Chief, Office of Regulations and Administrative Law(CG-
0943), has authority to develop and issue those regulationsnecessary to
implement all technical, organizational, and conformingamendments and
corrections to rules, regulations, and notices.
[CGD 95-057, 60 FR 34148, June 30, 1995, as amended byCGD 96-026, 61 FR
33662, June 28, 1996; CGD 97-023, 62FR 33361, June 19, 1997; USCG-2003-
14505, 68 FR 9534,Feb. 28, 2003; USCG-2003-15404, 68 FR 37740, June
25,2003; USCG-2008-0179, 73 FR 35001, June 19, 2008]
Sec. 1.05-5 Marine Safety and Security Council.
The Marine Safety and Security Council, composed of senior
CoastGuard officials, acts as policy advisor to the Commandant and is
thefocal point of the Coast Guard regulatory system. The Marine
Safetyand Security Council provides oversight, review, and guidance for
allCoast Guard regulatory activity.
[CGD 95-057, 60 FR 34148, June 30, 1995, as amended byUSCG-2003-15404,
68 FR 37740, June 25, 2003]
Sec. 1.05-10 Regulatory process overview.
(a) Most rules of local applicability are issued by
DistrictCommanders and Captains of the Port, while rules of
widerapplicability are issued by senior Coast Guard officials at
CoastGuard Headquarters, For both significant rulemaking (defined
byExecutive Order 12866, Regulatory Planning and Review) and non-
significant rulemaking, other than those areas delegated to
DistrictCommanders and Captains of the Port, the regulatory process
beginswhen an office chief with program responsibilities identifies
apossible need for a new regulation or for changes to an
existingregulation. The need may arise due to statutory changes, or be
basedon internal review or public input. Early public involvement
isstrongly encouraged.
(b) After a tentative significant regulatory approach isdeveloped, a
significant regulatory project proposal is submitted tothe Marine Safety
and Security Council for approval. The proposaldescribes the scope of
the proposed regulation, alternativesconsidered, and potential cost and
benefits, including possibleenvironmental impacts. All significant
regulatory projects requireMarine Safety and Security Council approval.
(c) Significant rulemaking documents must also be approved by
theCommandant of the Coast Guard.
(d) If the project is approved, the necessary documents aredrafted,
including documents to be published in the FederalRegister. These may
include regulatory evaluations, environmentalanalyses, 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 byUSCG-2003-14505,
68 FR 9534, Feb. 28, 2003;USCG-2003-15404, 68 FR 37740, June 25,
2003;USCG-2008-0179, 73 FR 35001, June 19, 2008]
Sec. 1.05-15 Public participation.
The Coast Guard considers public participation essential toeffective
rulemaking, and encourages the public to participate in itsrulemaking
process. Coast Guard policy is to provide opportunities forpublic
participation early in potential rulemaking projects.Generally, the
Coast Guard will solicit public input by publishing anotice of public
meeting or request for comments in the FederalRegister. Advance Notices
of Proposed Rulemaking, Notices ofProposed Rulemaking, Supplemental
Notices of Proposed Rulemaking, andInterim Rules will usually provide 90
days, or more if possible, afterpublication for submission of comments.
This time period is intendedto allow interested persons the
[[Page 14]]
opportunity to participate in therulemaking process through the
submission of written data and views.However, certain cases and
circumstances may make it necessary toprovide a shorter comment period.
Public meetings may also be held toprovide an opportunity for oral
presentations. The Coast Guard willconsider the comments received and,
in subsequent rulemakingdocuments, will incorporate a concise general
statement of thecomments received and identify changes from a proposed
rule based onthe comments.
Sec. 1.05-20 Petitions for rulemaking.
(a) Any member of the public may petition the Coast Guard
toundertake a rulemaking action. There is no prescribed form for
apetition for rulemaking, but the document should provide somesupporting
information as to why the petitioner believes the proposedrulemaking is
necessary and the document should clearly indicate thatit is a petition
for rulemaking. Petitions should be addressed to theExecutive Secretary,
Marine Safety and Security Council (CG-0943),United States Coast Guard
Headquarters, 2100 Second Street SW.,Washington, DC 20593-0001.
(b) The petitioner will be notified of the Coast Guard's
decisionwhether to initiate a rulemaking or not. If the Coast Guard
decidesnot to pursue a rulemaking, the petitioner will be notified of
thereasons why. If the Coast Guard decides to initiate rulemaking,
itwill follow the procedure outlined in this subpart. The Coast Guardmay
publish a notice acknowledging receipt of a petition forrulemaking in
the Federal Register.
(c) Any petition for rulemaking and any reply to the petition willbe
kept in a public docket open for inspection.
[CGD 95-057, 60 FR 34148, June 30, 1995, as amended byUSCG-2003-15404,
68 FR 37740, June 25, 2003;USCG-2008-0179, 73 FR 35001, June 19, 2008]
Sec. 1.05-25 Public docket.
(a) A public docket is maintained electronically for each
petitionfor rulemaking and each Coast Guard rulemaking project and
noticepublished in the Federal Register. Each docket contains copiesof
every rulemaking document published for the project, publiccomments
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 anydocuments in the
docket. Public dockets for Coast Guard rulemakingsare available
electronically at http://www.regulations.gov. Toaccess a rulemaking,
enter the docket number associated withrulemaking in the ``Search'' box
and click ``Go.'' These documents are also kept at
a DocketManagement Facility maintained by the Department of
Transportation,West Building, room W12-140, 1200 New Jersey Avenue,
SE.,Washington, DC 20590.
(b) The public dockets for Coast Guard rulemaking activityinitiated
by Coast Guard District Commanders are available for publicinspection at
the appropriate Coast Guard District office or online athttp://
www.regulations.gov. Paragraph (a) of this sectiondescribes how to
access and view these documents.
(c) The public dockets for Coast Guard rulemaking activityinitiated
by Captains of the Port are available for inspection at theappropriate
Captains of the Port Office or online athttp://www.regulations.gov.
Paragraph (a) of this sectiondescribes how to access and view these
documents.
[USCG-2008-0179, 73 FR 35001, June 19, 2008]
Sec. 1.05-30 Advance notice of proposed rulemaking (ANPRM).
An advance notice of proposed rulemaking may be used to alert
theaffected public about a new regulatory project, or when the
CoastGuard needs more information about what form proposed
regulationsshould take, the actual need for a regulation, the cost of a
proposal,or any other information. The ANPRM may solicit general
information orask 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, anNPRM
is generally published in the Federal Register for CoastGuard
rulemakings.
[[Page 15]]
The NPRM normally contains a preamble statementin sufficient detail to
explain the proposal, its background, basis,and purpose, and the various
issues involved. It also contains adiscussion of any comments received
in response to prior notices, acitation of legal authority for the rule,
and the text of the proposedrule.
Sec. 1.05-40 Supplemental notice of proposed rulemaking (SNPRM).
An SNPRM may be issued if a proposed rule has been
substantiallychanged from the original notice of proposed rulemaking.
Thesupplemental notice advises the public of the revised proposal
andprovides an opportunity for additional comment. To give the public
areasonable opportunity to become reacquainted with a rulemaking,
asupplemental notice may also be issued if considerable time haselapsed
since publication of a notice of proposed rulemaking. An SNPRMcontains
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 publicinterest
to promulgate an effective rule while keeping the rulemakingopen for
further refinement. For example, an interim rule may beissued in
instances when normal procedures for notice and commentprior to issuing
an effective rule are not required, minor changes tothe final rule may
be necessary after the interim rule has been inplace for some time, or
the interim rule only implements portions of aproposed rule, while other
portions of the proposed rule are stillunder development.
(b) An interim rule will be published in the FederalRegister with an
effective date that will generally be at least 30days after the date of
publication. After the effective date, aninterim rule is enforceable and
is codified in the next annualrevision 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
noticeand comment. When notice and comment procedures have been used,
andafter all comments received have been considered, a final rule
isissued. A final rule document contains a preamble that
discussescomments received, responses to comments and changes made from
theproposed or interim rule, a citation of legal authority, and the
textof the rule.
Sec. 1.05-55 Direct final rule.
(a) A direct final rule may be issued to allow noncontroversialrules
that are unlikely to result in adverse public comment to becomeeffective
more quickly.
(b) A direct final rule will be published in the FederalRegister
with an effective date that is generally at least 90 daysafter the date
of publication.
(c) The public will usually be given at least 60 days from thedate
of publication in which to submit comments or notice of intent tosubmit
comments.
(d) If no adverse comment or notice of intent to submit an
adversecomment is received within the specified period, the Coast Guard
willpublish a notice in the Federal Register to confirm that therule
will go into effect as scheduled.
(e) If the Coast Guard receives a written adverse comment or
awritten notice of intent to submit an adverse comment, the Coast
Guardwill publish a notice in the final rule section of the
FederalRegister to announce withdrawal of the direct final rule. If
anadverse comment clearly applies to only part of a rule, and it
ispossible to remove that part without affecting the remaining
portions,the Coast Guard may adopt as final those parts of the rule on
which noadverse comment was received. Any part of a rule that is the
subjectof an adverse comment will be withdrawn. If the Coast Guard
decides toproceed with a rulemaking following receipt of an adverse
comment, aseparate Notice of Proposed Rulemaking (NPRM) will be
published unlessan exception to the Administrative Procedure Act
requirements fornotice and comment applies.
(f) A comment is considered adverse if the comment explains whythe
rule would be inappropriate, including a challenge to the
rule'sunderlying
[[Page 16]]
premise or approach, or would be ineffective orunacceptable 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 rulemakingcommittee
under the Negotiated Rulemaking Act of 1990 and the FederalAdvisory
Committee Act (FACA) (5 U.S.C. App. 2) when it is in thepublic interest.
(b) Generally, the Coast Guard will consider negotiated
rulemakingwhen:
(1) There is a need for a rule;
(2) There are a limited number of representatives for
identifiableparties affected by the rule;
(3) There is a reasonable chance that balanced representation canbe
reached in the negotiated rulemaking committee and that thecommittee
members will negotiate in good faith;
(4) There is a likelihood of a committee consensus in a fixed
timeperiod;
(5) The negotiated rulemaking process will not unreasonably delaythe
rule;
(6) The Coast Guard has resources to do negotiated rulemaking; and
(7) The Coast Guard can use the consensus of the committee
informulating the NPRM and final rule.
Subpart 1.07_Enforcement; Civil and Criminal PenaltyProceedings
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 administrationof
all statutory penalty provisions that the Coast Guard is authorizedto
enforce.
Sec. 1.07-5 Definitions.
(a) The term District Commander, when used in this subpart,means the
District Commander, or any person under the DistrictCommander's command,
delegated to carry out the provisions ofSec. 1.07-10(b).
(b) The term Hearing Officer means a Coast Guard officer oremployee
who has been delegated the authority to assess civilpenalties.
(c) The term issuing officer means any qualified Coast
Guardcommissioned, warrant, or petty officer.
(d) The term Notice of Violation means a notification ofviolation
and preliminary assessment of penalty, given to a party, inaccordance
with Sec. 1.07-11.
(e) The term party means the person alleged to have violateda
statute or regulation to which a civil penalty applies and includesan
individual or public or private corporation, partnership or
otherassociation, 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
CoastGuard facility. When a report of an apparent violation has
beenreceived, or when an apparent violation has been detected by any
CoastGuard personnel, the matter is investigated or evaluated by
CoastGuard personnel. Once an apparent violation has been investigated
orevaluated, a report of the investigation may be sent to the
DistrictCommander or other designated official in accordance with
paragraph(b) of this section or a Notice of Violation underSec. 1.07-11
may be given to the party by an issuingofficer.
(b) Reports of any investigation conducted by the Coast Guard
orreceived from any other agency which indicate that a violation mayhave
occurred may be forwarded to a District Commander or otherdesignated
official for further action. This is normally the DistrictCommander of
the District in which the violation is believed to haveoccurred, or the
District in which the reporting unit or agency isfound. The report is
reviewed to determine if there is sufficientevidence to establish a
prima facie case. If there isinsufficient evidence, the case is either
returned for furtherinvestigation or closed if further action is
unwarranted. The case isclosed in situations in which the investigation
has established that aviolation did not occur, the violator is unknown,
or there is littlelikelihood of discovering additional relevant facts.
If
[[Page 17]]
it isdetermined that a prima facie case does exist, a case file
isprepared and forwarded to the Hearing Officer, with a
recommendedaction. 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 byCGD 87-008a, 52 FR
17554, May 11, 1987; CGD 93-079, 59FR 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
hasbeen completed, an issuing officer may issue a Notice of Violation
tothe party.
(b) The Notice of Violation will contain the followinginformation:
(1) The alleged violation and the applicable law or
regulationsviolated;
(2) The amount of the maximum penalty that may be assessed foreach
violation;
(3) The amount of proposed penalty that appears to be appropriate;
(4) A statement that payment of the proposed penalty within 45days
will settle the case;
(5) The place to which, and the manner in which, payment is to
bemade;
(6) A statement that the party may decline the Notice of
Violationand that if the Notice of Violation is declined, the party has
theright to a hearing prior to a final assessment of a penalty by
aHearing Officer.
(7) A statement that failure to either pay the proposed penalty
onthe Notice of Violation or decline the Notice of Violation and
requesta hearing within 45 days will result in a finding of default and
theCoast Guard will proceed with the civil penalty in the
amountrecommended on the Notice of Violation without processing
theviolation under the procedures described in 33 CFR 1.07-10(b).
(c) The Notice of Violation may be hand delivered to the party oran
employee of the party, or may be mailed to the business address ofthe
party.
(d) If a party declines the Notice of Violation within 45 days,the
case file will be sent to the District Commander for processingunder the
procedures described in 33 CFR 1.07-10(b).
(e) If a party pays the proposed penalty on the Notice ofViolation
within 45 days, a finding of proved will be entered into thecase 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 CoastGuard will
enter a finding of default in the case file and proceedwith the civil
penalty in the amount recommended on the Notice ofViolation without
processing the violation under the proceduresdescribed in 33 CFR 1.07-
10(b).
[CGD 93-079, 59 FR 66482, Dec. 27, 1994, as amended byUSCG-2001-9175, 67
FR 38388, June 4, 2002]
Sec. 1.07-15 Hearing Officer.
(a) The Hearing Officer has no other responsibility, direct
orsupervisory, for the investigation of cases referred for theassessment
of civil penalties. The hearing officer may take action ona case
referred by any District Commander.
(b) The Hearing Officer decides each case on the basis of
theevidence before him, and must have no prior connection with the
case.The Hearing Officer is solely responsible for the decision in
eachcase referred to him.
(c) The Hearing Officer is authorized to administer oaths andissue
subpoenas necessary to the conduct of a hearing, to the extentprovided
by law.
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended byCGD 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 makesa
preliminary examination of the material submitted. If, on the basisof
the preliminary examination, the Hearing Officer determines thatthere is
insufficient evidence to proceed, or that there is any otherreason which
would make penalty action inappropriate, the HearingOfficer returns the
case to the District Commander with a writtenstatement of the reason.
The District Commander may close the case orcause a further
investigation of the alleged violation to be made witha view toward
resubmittal of the case to the Hearing Officer.
[[Page 18]]
(b) If on the basis of the preliminary examination of the casefile,
the Hearing Officer determines that a violation appears to havebeen
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 foreach
violation;
(3) The general nature of the procedure for assessing andcollecting
the penalty;
(4) The amount of penalty that appears to be appropriate, based
onthe material then available to the Hearing Officer;
(5) The right to examine all materials in the case file and have
acopy of all written documents provided upon request; and,
(6) The fact that the party may demand a hearing prior to anyactual
assessment of a penalty.
(c) If at any time it appears that the addition of another partyto
the proceedings is necessary or desirable, the Hearing Officerprovides
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 ofthe
action, as described above, the party, or counsel for the party,may
request a hearing, provide any written evidence and arguments inlieu of
a hearing, or pay the amount specified in the notice as
beingappropriate. A hearing must be requested in writing; the request
mustspecify the issues which are in dispute. Failure to specify
anonjurisdictional issue will preclude its consideration.
(b) The right to a hearing is waived if the party does not submitthe
request to the Hearing Officer within 30 days after receivingnotice of
the alleged violation. At the discretion of the HearingOfficer, a
hearing may be granted if the party submits a late request.
(c) The Hearing Officer must promptly schedule all hearings whichare
requested. The Hearing Officer shall grant any delays orcontinuances
which may be necessary or desirable in the interest offairly resolving
the case.
(d) A party who has requested a hearing may amend thespecification
of the issues in dispute at any time up to 10 daysbefore the scheduled
date of the hearing. Issues raised later than 10days before the
scheduled hearing may be presented only at thediscretion of the Hearing
Officer.
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended byCGD 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
allthe written evidence in the case file, except material that
woulddisclose or lead to the disclosure of the identity of a
confidentialinformant. Other evidence or material, such as blueprints,
sound orvideo tapes, oil samples, and photographs may be examined in
theHearing Officer's offices. The Hearing Officer may provide
forexamination or testing of evidence at other locations if there
areadequate safeguards to prevent loss or tampering.
Sec. 1.07-35 Request for confidential treatment.
(a) In addition to information treated as confidential underSec.
1.07-30, a request for confidential treatment ofa document or portion
thereof may be made by the person supplying theinformation on the basis
that the information is:
(1) Confidential financial information, trade secrets, or
othermaterial exempt from disclosure by the Freedom of Information Act
(5U.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
therequest to the Hearing Officer in writing and state the
reasonsjustifying nondisclosure. Failure to make a timely request may
resultin a document being considered as nonconfidential and subject
torelease.
(c) Confidential material is not considered by the Hearing Officerin
reaching a decision unless:
(1) It has been furnished by a party, or
[[Page 19]]
(2) It has been furnished pursuant to a subpoena.
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended byUSCG-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
theproceeding by counsel. After receiving notification that a party
isrepresented by counsel, the Hearing Officer directs all
furthercommunications 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
HearingOfficer.
(b) The Hearing Officer may transfer a case to another
HearingOfficer on request or on the Hearing Officer's own motion.
(c) A request for change of location of a hearing or transfer
toanother Hearing Officer must be in writing and state the reasons
whythe requested action is necessary or desirable. Action on the
requestis 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
apersonal appearance or through a written statement. The party
mayrequest the assistance of the Hearing Officer in obtaining
thepersonal appearance of a witness. The request must be in writing
andstate the reasons why a written statement would be inadequate,
theissue or issues to which the testimony would be relevant, and
thesubstance of the expected testimony. If the Hearing Officer
determinesthat the personal appearance of the witness may materially aid
in thedecision on the case, the Hearing Officer seeks to obtain the
witness'appearance. Because many statutes prescribing civil penalties do
notprovide subpoena power, there may be cases where a witness cannot
berequired to attend. In such a case, the Hearing Officer may move
thehearing to the witness' location, accept a written statement,
oraccept a stipulation in lieu of testimony. If none of these
proceduresis practical, the Hearing Officer shall proceed on the basis
of theevidence before him.
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended byUSCG-2002-12471, 67
FR 41331, June 18, 2002]
Sec. 1.07-55 Hearing procedures.
(a) The Hearing Officer must conduct a fair and impartialproceeding
in which the party is given a full opportunity to be heard.At the outset
of the hearing, the Hearing Officer insures that theparty is aware of
the nature of the proceeding and of the allegedviolation, and of the
provisions of the law or regulation allegedlyviolated.
(b) The material in the case file pertinent to the issues to
bedetermined by the Hearing Officer is presented. The party has theright
to examine, and to respond to or rebut, this material. The partymay
offer any facts, statements, explanations, documents, sworn orunsworn
testimony, or other exculpatory items which bear onappropriate issues,
or which may be relevant to the size of anappropriate penalty. The
Hearing Officer may require theauthentication of any written exhibit or
statement.
(c) At the close of the party's presentation of evidence, theHearing
Officer may allow the introduction of rebuttal evidence. TheHearing
Officer may allow the party to respond to any such evidencesubmitted.
(d) In receiving evidence, the Hearing Officer is not bound bystrict
rules of evidence. In evaluating the evidence presented, theHearing
Officer must give due consideration to the reliability andrelevance of
each item of evidence.
(e) The Hearing Officer may take notice of matters which aresubject
to a high degree of indisputability and are commonly known inthe
community or are ascertainable from readily available sources ofknown
accuracy. Prior to taking notice of a matter, the HearingOfficer gives
the party an opportunity to show why notice should notbe taken. In any
case in which notice is taken, the Hearing Officerplaces a written
statement of the matters as to which notice was takenin the record,
[[Page 20]]
with the basis for such notice, including astatement that the party
consented to notice being taken or a summaryof the party's objections.
(f) After the evidence in the case has been presented, the partymay
present argument on the issues in the case. The party may alsorequest an
opportunity to submit a written statement for considerationby the
Hearing Officer and for further review. The Hearing Officershall allow a
reasonable time for submission of the statement andshall specify the
date by which it must be received. If the statementis not received
within the time prescribed, or within the limits ofany extension of time
granted by the Hearing Officer, the HearingOfficer renders his decision
in the case.
Sec. 1.07-60 Records.
(a) A verbatim transcript will not normally be prepared. TheHearing
Officer prepares notes on the material and points raised bythe party, in
sufficient detail to permit a full and fair review andresolution of the
case, should it be appealed.
(b) A party may, at its own expense, cause a verbatim transcriptto
be made. If a verbatim transcript is made, the party shall submittwo
copies to the Hearing Officer not later than the time of filing
anadministrative appeal. The Hearing Officer includes them in therecord.
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended byUSCG-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
toassess a penalty is based upon substantial evidence in the record.
Ifthe Hearing Officer finds that there is not substantial evidence inthe
record establishing the alleged violation or some other violationof
which the party had full and fair notice, the Hearing Officer
shalldismiss the case and remand it to the District Commander. A
dismissalis without prejudice to the District Commander's right to
refile thecase and have it reheard if additional evidence is obtained.
Adismissal following a rehearing is final and with prejudice.
(b) If the Hearing Officer assesses a penalty, the HearingOfficer's
decision contains a statement advising the party of theright to an
administrative appeal. The party is advised that failureto submit an
appeal within the prescribed time will bar itsconsideration and that
failure to appeal on the basis of a particularissue will constitute a
waiver of that issue in any subsequentproceeding.
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended byCGD 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
besubmitted by a party within 30 days from the date of receipt of
thedecision. The appeal and any supporting brief must be submitted to
theHearing Officer. The only issues which will be considered on
appealare those issues specified in the appeal which were properly
raisedbefore the Hearing Officer and jurisdictional questions.
(b) The failure to file an appeal within the prescribed time
limitresults in the action of the Hearing Officer becoming the final
agencyaction in the case.
Sec. 1.07-75 Action on appeals.
(a) Upon receipt, the Hearing Officer provides a copy of theappeal
and any supporting brief to the District Commander who referredthe case.
Any comments which the District Commander desires to submitmust be
received by the Hearing Officer within 30 days. The HearingOfficer
includes the District Commander's comments, or not later than30 days
after receipt of the appeal if no comments are submitted bythe District
Commander, the Hearing Officer forwards all materials inthe case to the
Commandant.
(b) The Commandant issues a written decision in each case
andfurnishes copies to the party, the District Commander, and the
HearingOfficer, The Commandant may affirm, reverse, or modify the
decision,or remand the case for new or additional proceedings. In the
absenceof a remand, the decision of the Commandant on appeal
[[Page 21]]
shall befinal. In addition to the actions which may be taken by the
Commandanton appeal, the Commandant may also remit, mitigate or suspend
theassessment in whole or in part. Upon the taking of
remission,mitigation, or suspension action, the Commandant will inform
the partyof the action and any conditions placed on the action.
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended byCGD 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 penaltycase,
a party may petition to reopen the hearing on the basis of
newlydiscovered evidence.
(b) Petitions to reopen must be in writing describing the newlyfound
evidence and must state why the evidence would probably producea
different result favorable to the petitioner, whether the evidencewas
known to the petitioner at the time of the hearing and, if not,why the
newly found evidence could not have been discovered in theexercise of
due diligence. The party must submit the petition to theHearing Officer.
(c) The District Commander may file comments in opposition to
thepetition. If comments are filed, a copy is provided the party.
(d) A petition to reopen is considered by the Hearing Officerunless
an appeal has been filed, in which case the petition isconsidered by the
Commandant.
(e) The decision on the petition is decided on the basis of
therecord, the petition, and the comments in opposition, if any.
Thepetition is granted only when newly found evidence is described
whichhas a direct and material bearing on the issues and when a
validexplanation is provided as to why the evidence was not and could
nothave 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 given30
days to file an appeal if one has not already been filed, or toamend an
appeal which has already been filed.
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended byCGD 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 postalmoney
order payable to the U.S. Coast Guard.
(b) Within 30 days after receipt of the Commandant's decision
onappeal, or the Hearing Officer's decision in a case in which no
appealhas been filed, the party must submit payment of any assessed
penaltyto the office specified in the assessment notice. Failure to
maketimely payment will result in the institution of appropriate
actionunder the Federal Claims Collection Act and the regulations
issuedthereunder.
(c) When a penalty of not more than $200 has been assessed
underChapter 43 or 123 of Title 46 U.S.C., the matter may be referred
forcollection of the penalty directly to the Federal Magistrate of
thejurisdiction wherein the person liable may be found, for
theinstitution of collection procedures under supervision of the
districtcourt, if the court has issued an order delegating such
authorityunder 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 lawsor
regulations enforced by the Coast Guard which provide, uponconviction,
for punishment by fine or imprisonment is a matter finallydetermined by
the Department of Justice. This final determinationconsists of deciding
whether and under what conditions to prosecute orto abandon prosecution.
(b) Except in those cases where the approval of the Commandant
isrequired, the Area, Maintenance & Logistics Command (MLC), andDistrict
Commanders are authorized to refer the case to the U.S.attorney. The
Commandant's approval is required in the following caseswhere 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, 121to
126 inclusive).
(c) The Area, MLC, or District Commander will identify the laws
orregulations which were violated and make
[[Page 22]]
specific recommendationsconcerning the proceedings to be instituted by
the U.S. attorney inevery case.
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended byUSCG-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
acriminal penalty, the Area, MLC, and District Commanders areauthorized
to determine whether to institute civil penalty proceedingsor to refer
the case to the U.S. attorney for prosecution inaccordance with Sec.
1.07-90.
(b) When the U.S. Attorney declines to institute
criminalproceedings, the Area, MLC, or District Commander decides
whether toinitiate civil penalty proceedings or to close the case.
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended byUSCG-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
meaningsspecified:
(1) Commercial fishing industry vessel means a fishingvessel, a fish
processing vessel, or a fish tender vessel as definedin 46 U.S.C. 2101
(11a), (11b), or (11c), respectively.
(2) Personal use quantity means a quantity of a controlledsubstance
as specified in 19 CFR 171.51.
(b) When a commercial fishing industry vessel is subject toseizure
for a violation of 21 U.S.C. 881(a)(4), (6), or (7); of 19U.S.C.
1595a(a); or of 49 U.S.C. App. 782 and the violation involvesthe
possession of a personal use quantity of a controlled substance,the
vessel shall be issued a summons to appear as prescribed insubpart F of
19 CFR part 171 in lieu of seizure, provided that thevessel is:
(1) Proceeding to or from a fishing area or intermediate port
ofcall; or
(2) Actively engaged in fishing operations.
[CGD 89-003, 54 FR 37615, Sept. 11, 1989]
Subpart 1.08_Written Warnings by Coast Guard BoardingOfficers
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
ofthe following statutes and regulations for which Coast Guard
boardingofficers are authorized to issue written warnings instead
ofrecommending civil or criminal penalty procedures under subpart 1.07of
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,
PersonalFlotation 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 toissue
warnings for certain minor violations of the statutes andregulations
listed in paragraph (a) of this section. Written warningsare not
authorized for all violations of these statutes andregulations.
(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 byCGD 77-182, 43 FR
22657, May 25, 1978; CGD 82-040, 47 FR21042, 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
officerdetermines that:
(1) The observed violation is a first offense; and
(2) The operator states that the violation will be
promptlycorrected.
(b) A written warning may not be issued where:
[[Page 23]]
(1) The operator is required to be licensed;
(2) The violation is a failure to have required safety equipmenton
board; or
(3) The boarding officer notes three or more violations during
oneboarding.
(c) Each district office maintains a record of each writtenwarning
issued within that district for a period of not more than oneyear after
date of issue except in cases involving violations of 33CFR part 159
marine sanitation devices, records of which aremaintained by each
district office for not more than three years afterdate of issue.
(d) The district commander of the district in which the warning
isissued may rescind a written warning and institute civil penaltyaction
under Sec. 1.07-10 of this part if a recordcheck discloses a prior
written warning or violation issued within oneyear or in the case of a
violation of 33 CFR part 159 a prior writtenwarning or violation issued
within three years.
(e) Within 15 days after the date of issue, any person issued
awritten warning by a Coast Guard boarding officer may appeal
theissuance of the warning to the district commander by providing
inwriting or in person any information that denies, explains,
ormitigates 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
oneyear after date of issue or in the case of a violation of 33 CFR
part159 a period of not more than three years for reference in
determiningappropriate penalty action if there is a subsequent
violation;
(2) If a record check reveals a prior written warning or
violationwithin the time period designated in Sec. 1.08-5(d)of this
part, the warning may be revoked and civil penalty actioninstituted;
(3) If an additional violation occurs within the time
perioddesignated in Sec. 1.08-5(d) the warning may be usedas a basis
for the assessment of a higher penalty for the subsequentviolation; and
(4) Within 15 days after the date of issue, the person who isissued
the warning may appeal to the District Commander by providingin 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 byCGD 77-182, 43 FR
22657, May 25, 1978;USCG-2006-25150, 71 FR 39208, July 12, 2006]
Subpart 1.10_Public Availability of Information
Authority: 5 U.S.C. 552, 14 U.S.C. 633, sec. 6(b)(1), 80Stat. 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
madeavailable to the public in accordance with the Department
ofTransportation regulations contained in part 7 of title 49, Code
ofFederal Regulations.
Sec. 1.10-5 Public availability of records and documents.
(a) Each person desiring to inspect a record or document coveredby
this subpart that is located in Headquarters, or to obtain a copyof such
a record or document, must make a written request to theChief, Office of
Information Management, U.S. Coast GuardHeadquarters, 2100 Second Street
SW., Washington, DC20593-0001.
(b) Each person desiring to inspect a record or document coveredby
this subpart that is located in a Coast Guard district, or toobtain a
copy of such a record or document, must make a writtenrequest to the
district commander in command of the district, or tothe officer-in-
charge of the appropriate marine inspection zone. CoastGuard districts
and marine inspection zones are listed in part 3 ofthis chapter.
(c) If the person making the request does not know where in theCoast
Guard the record or document is located, he may send his requestto the
[[Page 24]]
Chief, Office of Information Management, at the address inparagraph (a)
of this section.
[CGD-73-54R, 38 FR 12396, May 11, 1973, asamended by CGD 96-026, 61 FR
33662, June 28, 1996]
Subpart 1.20_Testimony by Coast Guard Personnel andProduction 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 ofCoast
Guard personnel, production of Coast Guard records, and serviceof
process in legal proceedings.
(b) Except for the acceptance of service of process or
pleadingsunder paragraph (d) of this section and 49 CFR 9.19, the Legal
Officerof each Maintenance and Logistics Command, each District
LegalOfficer, and the Legal Officer assigned to any other Coast Guard
unitor 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 totestify,
or for permission to interview such a member or employee,should be made
to the Legal officer serving the command to which thatmember or employee
is assigned, or, if the member or employee isserving at Coast Guard
Headquarters, or with a command receiving legalservices from the Chief
counsel, U.S. Coast Guard, to the Chief,Office of Claims and Litigation.
Should the member or employee nolonger be employed by the Coast Guard,
and the testimony orinformation sought falls within the provisions of 49
CFR part 9, therequest should be made to the District Legal Officer
serving thegeographic area where the former member or employee resides
or, if noDistrict Legal Officer has geographic responsibility, to the
Chief,Office of Claims and Litigation.
(d) Process or pleadings in any legal proceeding concerning theCoast
Guard may be served, at the option of the server, on the ChiefCounsel or
the Deputy Chief Counsel of the Coast Guard with the sameeffect as if
served on the Commandant of the Coast Guard. The officialaccepting the
service under this section acknowledges the service andtakes 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 byCGD 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 andServices
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
chargeswhich shall be imposed by the Coast Guard for making copies
orexcerpts of information or records, and for issuing certain
duplicatedocuments, certificates, or licenses.
(b) These fees and charges are imposed as required by Title V ofthe
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 Congressthat fees
and charges shall be charged for services rendered thepublic by Federal
agencies in order that such services may beperformed 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 theBudget
specify when certain services as specifically described in thissubpart
will be furnished without charge.
(b) The fees and charges prescribed in this subpart are
notapplicable when requested by, or furnished to, the following
persons,or under the following circumstances:
[[Page 25]]
(1) A person who donated the original document.
(2) A person who has an official, voluntary or
cooperativerelationship to the Coast Guard in rendering services
promoting safetyof life and property.
(3) Any agency, corporation or branch of the Federal Government.
(4) A person found guilty by an administrative law judge receivesone
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
documentsretained 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 byCGD 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
insections 552(a) (2) and (3) of title 5, United States Code, by
theDepartment of Transportation are in subpart I of title 49, Code
ofFederal Regulations. The fee schedule for these services is
containedin 49 CFR 7.95. The applicable fees are imposed and collected
by theCoast Guard as prescribed in 49 CFR 7.93.
(Title V, 65 Stat. 268, 290; sec. 6(b)(1), 80 Stat. 937; 31U.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; CGD77-065, 42 FR 31169, June 20,
1977; CGD 89-085, 55 FR23930, 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 ofa
vessel at the request of the owner thereof at a place other than aport
of entry, a custom station, or port where an officer-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 ofposition
held or the daily military compensation rate, as appropriate;
(b) Travel expense based on the estimated cost of travel from
andreturn to the nearest port of entry, customs station, or office of
anofficer-in-charge, marine inspection; and
(c) Daily subsistence expense from the time he leaves his
officialduty station until he returns thereto.
(Title V, 65 Stat. 268, 290; sec. 6(b)(1), 80 Stat. 937; 31U.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
Guardvoyage for the purpose of oceanographic research is charged the
costof each meal that he consumes while on board the Coast Guard vessel.
(b) The person, company, association, or government agencyengaging a
Coast Guard vessel for an oceanographic research study ischarged the
daily cost of operating the vessel.
(Title V, 65 Stat. 268, 290; sec. 6(b)(1), 80 Stat. 937; 31U.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
moneyorder or check payable to the ``Treasurer of the UnitedStates'' or
``U.S. Coast Guard,'' and sent to theoffice of the Coast Guard
performing the service or furnishing ordelivering the record, document,
or certificate. If copy is to betransmitted by registered, air, or
special delivery mail, postal feestherefor will be added to fees
provided in this subpart (or the ordermust include postage stamps or
stamped return envelopes).
(b) The fee is payable in advance.
[CGFR 67-13, 32 FR 11211, Aug. 2, 1967]
[[Page 26]]
Subpart 1.26_Charges for Duplicate Medals, and Sales ofPersonal
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 shallbe
imposed by the Coast Guard when the Coast Guard sells
supplies,equipment, apparatus, temporary shelter, and services under
certainspecified conditions as authorized by law.
(b) These sales are intended to permit repayment of costs involvedin
those instances which are ordinarily outside the scope of thosedistress
services with which the Coast Guard is primarily concerned(14 U.S.C.
88), or the equipment and apparatus are not readilyprocurable in the
open market.
Sec. 1.26-5 Replacement of medals.
(a) A medal, or a bar, emblem, or insignia in lieu thereof, thatis
lost, destroyed, or rendered unfit for use without fault or neglecton
the part of the person to whom it was awarded by the Coast Guard
isreplaced 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 islost,
destroyed, or rendered unfit for use due to the fault or neglectof the
person to whom it was awarded, is replaced after the CoastGuard is
reimbursed for its cost. Current prices may be obtained fromCommandant
(G-WPM-3), 2100 2nd St. SW. Washington, DC 20593.
(Sec. 1, 63 Stat. 537, 545; sec. 6(b)(1), 80 Stat. 937; 14U.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 byCGD 85-077, 51 FR
25366, July 14, 1986; CGD 96-026, 61FR 33662, June 28, 1996]
Sec. 1.26-10 Sales to Coast Guard Auxiliary.
(a) The provisions of Title 14, U.S. Code, section 891,
authorizesthe Coast Guard to furnish the Coast Guard Auxiliary such
items asflags, pennants, uniforms, and insignia at actual cost.
(b) Sales of the following items (when available) are permitted
tomembers 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 orequipment manufactured by
or in use in the Coast Guard, which is notreadily 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 topublic and commercial vessels, and other
watercraft. 49 U.S.C.44502(d) authorizes the Coast Guard to provide for
assistance, thesale of fuel, oil, equipment, and supplies, to an
aircraft whennecessary to allow the aircraft to continue to the nearest
privateairport.
(b) Charges established by District Commander. The chargesfor
supplies and services which may be normally expected to befurnished to
persons, corporations, companies, vessels, and otherwatercraft, and non-
Federal aircraft will vary between variousgeographical regions depending
on local circumstances. The DistrictCommander is hereby delegated
authority to prescribe and he shallestablish, in advance wherever
practicable, the charges to be imposedand collected in various areas
under his jurisdiction, which will bein accordance with the applicable
general minimum terms and conditionsin the laws and this section. In
those cases where the charges havenot been established in advance, the
matter shall be priced on anindividual basis, taking into consideration
the facts andcircumstances regarding the situation. The list(s) of
chargesestablished by the District Commander shall be available for
readingand copying at the office of the issuing District Commander,
whichlist(s) will be up-dated and reissued when necessary.
(c) Sales to vessels and other watercraft. (1) The chargesimposed
for services are intended to permit repayment of costsinvolved in those
instances where
[[Page 27]]
supplies and services arefurnished to meet the necessities of the
circumstances, and suchvessels or watercraft are not within the scope of
those distressservices performed by the Coast Guard.
(2) Charges for sales of supplies and/or furnishing of servicesare
considered appropriate when the furnishing of food, fuel, generalstores,
or repairs to the vessel or its equipage are primarily for
theconvenience of the owner, master, or crew, and furnished at his
ortheir request. It is not intended and the Coast Guard does not
procureand stock equipment and supplies except as provided for in
currentinstructions issued by competent authority.
(3) Supplies provided and services performed will be of a
limitednature consistent with the situation and within the capabilities
ofthe Coast Guard unit concerned; provided this will not be
incompetition with commercial enterprise when such facilities
areavailable and deemed adequate. It is not intended to permit
theoperators of vessels or watercraft to take advantage of the
Governmentby demanding free supplies or services. Determination as to
whethercharges will be made is dependent upon the circumstances involved
ineach instance. The responsibility to make this determination restswith
the District Commander who may delegate it to his subordinates.
(4) The minimum charge for any supplies or services furnished to
avessel or other watercraft shall be $10. The prices for fuels
andmaterials which may be sold will be at Coast Guard cost plus
20percent or, if readily determinable, at the commercial price in
theimmediate operating area, whichever is higher. The charges
forservices furnished a vessel or watercraft will be an average
costequal to the full price, plus taxes, that a boat owner would pay
alocal commercial concern for such services.
(5) The sales of supplies and services will be documented and
willset forth the name, type, and identifying number of the vessel
orwatercraft receiving supplies or services; name and address ofvessel's
owner; and conditions under which it was determined to make asale to the
vessel or watercraft. Wherever possible, payment shall beobtained at the
time supplies and services are furnished.
(d) Sales of equipment not readily procurable on the openmarket.
Charges imposed for sales of apparatus and equipmentmanufactured by or
in use in the Coast Guard which, in the opinion ofthe Commandant (FS),
is not readily procurable in the open market, aresubject to the
following conditions:
(1) The apparatus or equipment has not been reported as excess tothe
General Services Administration (if so reported, requests topurchase
will be submitted by the Commandant (FS) to the GeneralServices
Administration); and,
(2) The apparatus or equipment is not classified for securityreasons
or is not dangerous to the public health and safety; and,
(3) The authorized buyers of this apparatus or equipment areforeign,
State, or municipal governments or governmental unitsthereof; parties
required to maintain private aids to navigation;contractors engaged on
public works; and in other cases in which, inthe judgment of the
Commandant (FS), the public interest may beserved; and,
(4) The approved sales will be at prices determined by theCommandant
(FS), which will include an overhead charge not to exceed25 percent of
acquisition cost.
(e) Sales to and storage of non-Federal aircraft. (1)Activities
having the necessary supplies and facilities are authorizedto furnish
fuel, oil, equipment, supplies, mechanical services,temporary storage,
or other assistance to any aircraft operated byState, municipal, or
private enterprise in emergency cases. Completeengines, airplane wings,
or other major items of equipment shall notbe furnished without prior
authority from the Commandant.
(2) Aircraft damaged to the extent that major repairs are
requiredmay be given emergency storage at the request of the pilot,
providedthe necessary facilities are available. No such aircraft will be
givena major or minor overhaul. Damaged aircraft may be stored in
itsoriginal damaged condition. If aircraft requires extensive
repairs,such as would include the replacing of
[[Page 28]]
major parts and such majorparts cannot be made available or supplied
within a reasonable lengthof time by the operator of such aircraft, then
the aircraft must beremoved from the Coast Guard reservation by the
operator withoutdelay.
(3) The Government will not assume any responsibility for any lossor
damage incurred by such aircraft while on a Coast Guard reservationand
the owner shall be required to remove the aircraft from thereservation
at the earliest practicable date.
(4) Storage charges for such aircraft on a Coast Guard
reservationshall be as follows:
(i) For the first 6 working days, no charge;
(ii) For each calendar day thereafter, $3 for a single motor
planeand $5 for a dual or multiengine plane.
(5) In the absence of any information to the contrary regarding
aparticular item or material, the price at which the item is carried
instock, or on the Plant Property Record (book price) will be regardedas
the fair market value.
(6) When materials or services or both materials and services
arefurnished an aircraft, a deposit equal to the estimated value of
suchservices and materials as will be required shall be obtained
inadvance of the rendition of the services and issuance of thematerials.
(7) The charges for mechanical services rendered (other than
inconnection with the arrival, refueling, and departure of
airplanes)shall be an hourly charge for labor, with a minimum of 1 hour,
whichshall be the equivalent to the schedule of wage rates for
civilianpersonnel for the district (i.e., machinists, helpers,
etc.),regardless of whether the services are performed by enlisted
orcivilian 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 byUSCG-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 setforth in
Title 22, U.S. Code, section 2351. The Executive Order No.10973 dated
November 3, 1961 (26 FR 10469), describes theadministration of foreign
assistance and related functions.
(b) Diplomatic transactions. Sales of Coast Guard materialunder
reimbursable aid will be by direction of the Commandant (FS) andas
approved by the Office of the Chief of Naval Operations.Reimbursable aid
transactions are diplomatic transactions and arenegotiated primarily
between the respective foreign militaryattach[eacute] or other
representatives of their embassy inWashington, DC, and the Office of the
Chief of Naval Operations.Prices will be based on material cost only and
estimates will notinclude packing, crating, and handling or
transportation costs. Underreimbursable aid, transportation costs are
borne by the purchasingcountry and shipments are usually accomplished on
collect commercialbills of lading.
Sec. 1.26-25 Payment of charges.
(a) The payment of charges shall be by postal money order or
checkpayable to ``U.S. Coast Guard,'' and given or sent to theoffice of
the Coast Guard performing the service or furnishing thesupplies,
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 tothe ebb and
flow of the tide; mean high water.
2.36 Navigable waters of the United States, navigablewaters, territorial
waters.
2.38 Waters subject to the jurisdiction of the UnitedStates; waters over
which the United States has jurisdiction.
[[Page 29]]
Subpart C_Availability of Jurisdictional Decisions
2.40 Maintenance of decisions.
2.45 Decisions subject to change or modification andavailability 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 ofHomeland Security Delegation No. 0170.1.
Source: USCG-2001-9044, 68 FR 42598, July18, 2003, unless otherwise
noted.
Subpart A_General
Sec. 2.1 Purpose.
(a) The purpose of this part is to define terms the Coast Guarduses
in regulations, policies, and procedures, to determine whether ithas
jurisdiction on certain waters in cases where specificjurisdictional
definitions are not otherwise provided.
(b) Figure 2.1 is a visual aid to assist you in understanding
thispart.
[[Page 30]]
[GRAPHIC] [TIFF OMITTED] TR18JY03.046
Sec. 2.5 Specific definitions control.
In cases where a particular statute, regulation, policy orprocedure
provides a specific jurisdictional definition that differsfrom the
definitions contained in this part, the former definitioncontrols.
Note to Sec. 2.5: For example, the definition of``inland waters''
in the Inland Navigational Rules Act of1980 (33 U.S.C. 2003(o)) would
control the interpretation of inland
[[Page 31]]
navigation rules created under that Act and the ``inlandwaters''
definition in 46 CFR 10.103 would control regulationsin 46 CFR part 10.
Also, in various laws administered and enforced bythe Coast Guard, the
terms ``State'' and ``UnitedStates'' are defined to include some or all
of the territoriesand possessions of the United States. The definitions
inSec. Sec. 2.36 and 2.38 should be considered assupplementary to these
statutory definitions and not as interpretiveof them.
Subpart B_Jurisdictional Terms
Sec. 2.20 Territorial sea baseline.
Territorial sea baseline means the line defining theshoreward extent
of the territorial sea of the United States drawnaccording to the
principles, as recognized by the United States, ofthe Convention on the
Territorial Sea and the Contiguous Zone, 15U.S.T. 1606, and the 1982
United Nations Convention on the Law of theSea (UNCLOS), 21 I.L.M. 1261.
Normally, the territorial sea baselineis the mean low water line along
the coast of the United States.
Note to Sec. 2.20: Charts depicting theterritorial sea baseline are
available for examination in accordancewith 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 mileswide,
adjacent to the coast of the United States and seaward of theterritorial
sea baseline, for--
(i) Statutes included within subtitle II and subtitle VI, title46,
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 theauthority of these statutes.
(ii) Purposes of criminal jurisdiction pursuant to Title 18,United
States Code.
(iii) The special maritime and territorial jurisdiction as definedin
18 U.S.C. 7.
(iv) Interpreting international law.
(v) Any other treaty, statute, or regulation, or amendmentthereto,
interpreted by the Coast Guard as incorporating thedefinition of
territorial sea as being 12 nautical miles wide,adjacent to the coast of
the United States and seaward of theterritorial sea baseline.
(2) Unless otherwise specified in paragraph (a)(1) of thissection,
territorial sea means the waters, 3 nautical mileswide, adjacent to the
coast of the United States and seaward of theterritorial sea baseline.
(3) In cases where regulations are promulgated under the authorityof
statutes covered by both paragraphs (a)(1) and (a)(2) of thissection,
the Coast Guard may use the definition of territorial sea inparagraph
(a)(1) of this section.
(b) With respect to any other nation, territorial sea meansthe
waters adjacent to its coast that have a width and baselinerecognized by
the United States.
[USCG-2001-9044, 68 FR 42598, July 18, 2003, asamended by USCG-2003-
14792, 68 FR 60470, Oct. 22, 2003]
Sec. 2.24 Internal waters.
(a) With respect to the United States, internal waters meansthe
waters shoreward of the territorial sea baseline.
(b) With respect to any other nation, internal waters meansthe
waters shoreward of its territorial sea baseline, as recognized bythe
United States.
Sec. 2.26 Inland waters.
Inland waters means the waters shoreward of the territorialsea
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 inDepartment of State Public
Notice 358 of June 1, 1972 and that extendsfrom 3 nautical miles to 12
nautical miles as measured from theterritorial sea baseline.
(b) For all other purposes, contiguous zone means all waterswithin
the area adjacent to and seaward of the territorial sea, asdefined in
Sec. 2.22(a), and extending to 24 nautical milesfrom the territorial
sea baseline, but in no case extending within theterritorial sea of
[[Page 32]]
another nation, as declared in PresidentialProclamation 7219 of
September 2, 1999 (113 Stat. 2138).
Sec. 2.30 Exclusive Economic Zone.
(a) With respect to the United States, including the Commonwealthof
Puerto Rico, the Commonwealth of the Northern Mariana Islands,Guam,
American Samoa, the United States Virgin Islands, and any otherterritory
or possession over which the United States exercisessovereignty,
exclusive economic zone means the zone seaward ofand adjacent to the
territorial sea, as defined inSec. 2.22(a), including the contiguous
zone, and extending200 nautical miles from the territorial sea baseline
(except whereotherwise limited by treaty or other agreement recognized
by theUnited States) in which the United States has the sovereign rights
andjurisdiction and all nations have the high seas freedoms mentioned
inPresidential Proclamation 5030 of March 10, 1983.
(b) Under customary international law as reflected in Article 56of
the 1982 United Nations Convention on the Law of the Sea, and
withrespect to other nations, exclusive economic zone means thewaters
seaward of and adjacent to the territorial sea, not extendingbeyond 200
nautical miles from the territorial sea baseline, asrecognized by the
United States.
Sec. 2.32 High seas.
(a) For purposes of special maritime and territorial jurisdictionof
the United States as defined in 18 U.S.C. 7, high seas meansall 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 of1980 (33
U.S.C. Chapter 34), high seas means the waters seawardof any lines
established under these statutes, including the linesdescribed in part
80 of this chapter and 46 CFR part 7.
(c) For the purposes of 14 U.S.C. 89(a), 14 U.S.C. 86, 33 U.S.C.409,
and 33 U.S.C. 1471 et seq., high seas includes theexclusive economic
zones of the United States and other nations, aswell as those waters
that are seaward of territorial seas of theUnited States and other
nations.
(d) Under customary international law as reflected in the 1982United
Nations Convention on the Law of the Sea and without prejudiceto high
seas freedoms that may be exercised within exclusive economiczones
pursuant to article 58 of the United Nations Convention on theLaw of the
Sea, and unless the context clearly requires otherwise(e.g., The
International Convention Relating to Intervention on theHigh Seas in
Cases of Oil Pollution Casualties, 1969, includingannexes thereto), high
seas means all waters that are not theexclusive economic zone (as
defined in Sec. 2.30),territorial sea (as defined in Sec. 2.22), or
internalwaters of the United States or any other nation.
[USCG-2001-9044, 68 FR 42598, July 18, 2003, asamended by USCG-2007-
27887, 72 FR 45902, Aug. 16, 2007]
Sec. 2.34 Waters subject to tidal influence; waters subject to the ebb andflow of the tide; mean high water.
(a) Waters subject to tidal influence and waters subject to theebb
and flow of the tide are waters below mean high water. Theseterms do not
include waters above mean high water caused by floodflows, storms, high
winds, seismic waves, or other non-lunarphenomena.
(b) Mean high water is the average of the height of thediurnal high
water at a particular location measured over a lunarcycle of 19 years.
Sec. 2.36 Navigable waters of the United States, navigable waters, andterritorial waters.
(a) Except as provided in paragraph (b) of this section,navigable
waters of the United States, navigable waters, andterritorial waters
mean, except where Congress has designatedthem 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
tidalinfluence; and
(3) Internal waters of the United States not subject to
tidalinfluence that:
[[Page 33]]
(i) Are or have been used, or are or have been susceptible foruse,
by themselves or in connection with other waters, as highways
forsubstantial interstate or foreign commerce, notwithstanding natural
orman-made obstructions that require portage, or
(ii) A governmental or non-governmental body, having expertise
inwaterway improvement, determines to be capable of improvement at
areasonable cost (a favorable balance between cost and need) toprovide,
by themselves or in connection with other waters, as highwaysfor
substantial interstate or foreign commerce.
(b) Navigable waters of the United States and navigablewaters, as
used in sections 311 and 312 of the Federal WaterPollution 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
tributarythereto; and
(2) Other waters over which the Federal Government may
exerciseConstitutional authority.
Sec. 2.38 Waters subject to the jurisdiction of the United States; watersover which the United States has jurisdiction.
Waters subject to the jurisdiction of the United States andwaters
over which the United States has jurisdiction mean thefollowing waters--
(a) Navigable waters of the United States, as defined inSec.
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
acquiredtitle or controls and--
(1) Has accepted jurisdiction according to 40 U.S.C. 255; or
(2) Has retained concurrent or exclusive jurisdiction from thedate
that the State in which the lands are located entered the Union.
(c) Waters made subject to the jurisdiction of the United Statesby
operation of the international agreements and statutes relating tothe
former Trust Territory of the Pacific Islands, and waters withinthe
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
navigabilitydeterminations of specific waterways, or portions thereof,
in order todetermine its jurisdiction on those waterways. Copies of
thesedeterminations are maintained by the District Commander in
whosedistrict the waterway is located.
(b) If the district includes portions of the territorial sea,charts
reflecting Coast Guard decisions as to the location of theterritorial
sea baseline for the purposes of Coast Guard jurisdictionare maintained
by the District Commander in whose district the portionof the
territorial sea is located.
Sec. 2.45 Decisions subject to change or modification and availability oflists and charts.
The determinations referred to in Sec. 2.40 are subjectto change or
modification. The determinations are made for Coast Guarduse at the
request of Coast Guard officials. Determinations made orsubsequently
changed are available to the public underSec. 1.10-5(b) of this
chapter. Inquiries concerningwhether a determination has been made for
specific waters, for thepurposes of Coast Guard jurisdiction, should be
directed to theDistrict Commander of the district in which the waters
are located.
PART 3_COAST GUARD AREAS, DISTRICTS, SECTORS,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 Sector Boston Marine Inspection Zone andCaptain of the Port
Zone.
[[Page 34]]
3.05-15 Sector Northern New England MarineInspection Zone and Captain of
the Port Zone.
3.05-20 Sector Southeastern New England MarineInspection Zone and
Captain of the Port Zone.
3.05-30 Sector New York Marine Inspection Zone andCaptain of the Port
Zone.
3.05-35 Sector Long Island Sound Marine InspectionZone and Captain of
the Port Zone.
Subpart 3.25_Fifth Coast Guard District
3.25-1 Fifth district.
3.25-05 Sector Delaware Bay Marine Inspection Zoneand Captain of the
Port Zone.
3.25-10 Sector Hampton Roads Marine Inspection Zoneand Captain of the
Port Zone.
3.25-15 Sector Baltimore Marine Inspection Zone andCaptain of the Port
Zone.
3.25-20 Sector North Carolina Marine Inspection Zoneand Captain of the
Port Zone; Marine Safety Unit Wilmington: Cape FearRiver
Marine Inspection and Captain of the Port Zones.
Subpart 3.35_Seventh Coast Guard District
3.35-1 Seventh district.
3.35-10 Sector Miami Marine Inspection Zone andCaptain of the Port Zone.
3.35-15 Sector Charleston Marine Inspection Zone andCaptain of the Port
Zone; Marine Safety Unit Savannah.
3.35-20 Sector Jacksonville Marine Inspection Zoneand Captain of the
Port Zone.
3.35-25 Sector San Juan Marine Inspection Zone andCaptain of the Port
Zone.
3.35-35 Sector St. Petersburg Marine Inspection Zoneand Captain of the
Port Zone.
3.35-40 Sector Key West Marine Inspection Zone andCaptain of the Port
Zone.
Subpart 3.40_Eighth Coast Guard District
3.40-1 Eighth district.
3.40-10 Sector Mobile Marine Inspection Zone andCaptain of the Port
Zone.
3.40-15 Sector New Orleans Marine Inspection Zone andCaptain of the Port
Zone; Marine Safety Unit Morgan City.
3.40-28 Sector Houston-Galveston Marine InspectionZone and Captain of
the Port Zone; Marine Safety Unit Port Arthur.
3.40-35 Sector Corpus Christi Marine Inspection Zoneand Captain of the
Port Zone.
3.40-40 Sector Upper Mississippi River MarineInspection Zone and Captain
of the Port Zone.
3.40-60 Sector Lower Mississippi River MarineInspection Zone and Captain
of the Port Zone.
3.40-65 Sector Ohio Valley Marine Inspection Zone andCaptain of the Port
Zone; Marine Safety Unit Pittsburgh.
Subpart 3.45_Ninth Coast Guard District
3.45-1 Ninth district.
3.45-10 Sector Buffalo Marine Inspection Zone andCaptain of the Port
Zone.
3.45-15 Sector Lake Michigan Marine Inspection Zoneand Captain of the
Port Zone.
3.45-20 Sector Detroit Marine Inspection Zone andCaptain of the Port
Zone.
3.45-45 Sector Sault Ste. Marie Marine InspectionZone and Captain of the
Port Zone; Marine Safety Unit Duluth.
Subpart 3.55_Eleventh Coast Guard District
3.55-1 Eleventh district.
3.55-10 Sector Los Angeles-Long Beach MarineInspection Zone and Captain
of the Port Zone.
3.55-15 Sector San Diego Marine Inspection Zone andCaptain of the Port
Zone.
3.55-20 Sector San Francisco: San Francisco BayMarine Inspection Zone
and Captain of the Port Zone.
Subpart 3.65_Thirteenth Coast Guard District
3.65-1 Thirteenth district.
3.65-10 Sector Seattle: Puget Sound Marine InspectionZone and Captain of
the Port Zone.
3.65-15 Sector Portland Marine Inspection Zone andCaptain of the Port
Zone.
Subpart 3.70_Fourteenth Coast Guard District
3.70-1 Fourteenth district.
3.70-10 Sector Honolulu Marine Inspection Zone andCaptain of the Port
Zone.
3.70-15 Sector Guam Marine Inspection Zone andCaptain of the Port Zone.
Subpart 3.85_Seventeenth Coast Guard District
3.85-1 Seventeenth district.
3.85-10 Sector Juneau: Southeast Alaska MarineInspection Zone and
Captain of the Port Zones.
3.85-15 Sector Anchorage: Western Alaska MarineInspection Zone and
Captain of the Port Zones; Marine Safety UnitValdez: Prince
William Sound Marine Inspection and Captain of the PortZones.
Authority: 14 U.S.C. 92; Pub. L. 107-296, 116Stat. 2135; Department
of Homeland Security Delegation No. 0170.1,para. 2(23).
[[Page 35]]
Subpart 3.01_General Provisions
Sec. 3.01-1 General description.
(a) The Coast Guard's general organization for the performance ofits
assigned functions and duties consists of the Commandant, assistedby the
Headquarters staff, two Area Offices to act as intermediateechelons of
operational command, and District and Sector Offices toprovide regional
direction and coordination. Area, District, andSector offices operate
within defined geographical areas of the UnitedStates, its territories,
and possessions, including portions of thehigh seas adjacent thereto.
They are established by the Commandant andtheir areas of responsibility
are described in this part.
(b) The two Coast Guard Areas are the Atlantic Area and thePacific
Area. A Coast Guard Area Commander is in command of a CoastGuard Area.
The Atlantic Area Office is collocated with the FifthCoast Guard
District Office. The Pacific Area Office is collocatedwith the Eleventh
Coast Guard District Office. Area Commanders areresponsible for
determining when operational matters require thecoordination of forces
and facilities of more than one district.
(c) A Coast Guard District Commander is in command of a CoastGuard
District and the District Commander's office may be referred toas a
Coast Guard District Office. The District Commander's duties
aredescribed in Sec. 1.01-1 of this subchapter.
(d)(1) A Coast Guard Sector Commander is in command of a CoastGuard
Sector and the Sector Commander's office is referred to as aCoast Guard
Sector Office. The Sector Commander is responsible for allCoast Guard
missions within the sector's area of responsibility. TheSector
Commander's authorities include Search and Rescue MissionCoordinator,
Federal Maritime Security Coordinator, Federal On-SceneCoordinator, and,
in most Sectors, Officer in Charge Marine Inspection(OCMI) and Captain
of the Port (COTP). In his or her capacities asOCMI and COTP, the Sector
Commander is responsible for a MarineInspection Zone and COTP Zone.
(2) In some Sectors, a Marine Safety Unit (MSU) retains OCMI andCOTP
authority over a designated portion of the Sector's area
ofresponsibility. In such cases, OCMI and COTP authority is exercised
bythe MSU Commander, not the Sector Commander. The appeal of a COTPorder
or OCMI matter is routed from the MSU Commander through theSector
Commander and then to the District Commander.
(e) An OCMI is in command of a Marine Inspection Zone and his orher
office may be referred to as a Coast Guard Marine InspectionOffice. The
OCMI's duties are described inSec. 1.01-20 of this subchapter.
(f) A COTP is in command of a COTP Zone and his or her office maybe
referred to as a COTP Office. The COTP's duties are described inSec.
1.01-30 of this subchapter.
(g) Each COTP Zone and each Marine Inspection Zone described inthis
part also includes the United States territorial seas adjacent tothe
described area or zone for the purpose of enforcing or actingpursuant to
a statute effective in the United States territorial seas.Each COTP Zone
and each Marine Inspection Zone described in this partalso includes the
contiguous zone adjacent to the area or zone for thepurpose of enforcing
or acting pursuant to a statute effective in thecontiguous zone, as
defined in Sec. 2.28 of this subchapter.Each COTP Zone and each Marine
Inspection Zone described in this partalso includes the exclusive
economic zone (EEZ) adjacent to the areafor the purpose of enforcing or
acting pursuant to a statute effectivein the EEZ, as defined in Sec.
2.30 of this subchapter.
(h) Geographic descriptions used in this part are based
uponboundaries and points located using the WGS 1984 world grid
system.When referenced, the outermost extent of the U.S. EEZ is the line
ofdemarcation produced by the National Oceanic and
AtmosphericAdministration (NOAA) using the NAD 1983 coordinate system
andprojected to the WGS 1984 grid system. Both coordinate systems
aregeocentric and similar such that they are Global Positioning
System(GPS) compatible throughout the area of concern. Resolution is
basedupon ddmmss readings to tenths of a second. This corresponds to
apositional precision of about 2
[[Page 36]]
meters. Decimal degreesto 5 decimal places correspond to a positional
precision of about1 meter. State boundaries used
to determine points fordescriptions of jurisdictional limits were based
upon the NationalTransportation Atlas Database 2003 produced by the
Bureau ofTransportation Statistics. This data set was produced at a
scale of1:100,000 and theoretically results in a nationwide
locationalaccuracy of about 50 meters of true
position.
[USCG-2006-25556, 72 FR 36318, July 2, 2007]
Sec. 3.01-5 Assignment of functions.
Section 888 of Pub. L. 107-296, 116 Stat. 2135, authorizesthe
Commandant of the Coast Guard to exercise certain functions,powers, and
duties vested in the Secretary of Homeland Security bylaw. The general
statements of policy in the rules describing CoastGuard 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 byUSCG-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
CoastGuard Districts and the ocean areas lying east of a line
extendingfrom the North Pole south along 95[deg] W. longitude to the
NorthAmerican 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. These waters extendeast
to the Eastern Hemisphere dividing line between the Atlantic andPacific
Areas which lies along a line extending from the North Polesouth along
100[deg] E. longitude to the Asian land mass and along aline extending
from the South Pole north along 17[deg] E. longitudeto the African land
mass.
[CGFR 70-150, 36 FR 910, Jan. 20, 1971, as amended byCGD 87-008, 52 FR
13083, Apr. 21, 1987; CGD 96-025, 61FR 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,
andSeventeenth Coast Guard Districts and the ocean areas lying west of
aline extending from the North Pole south along 95[deg] W. longitudeto
the North American land mass; thence along the west coast of theNorth,
Central, and South American land mass to the intersection with70[deg] W.
longitude; thence due south to the South Pole. Thesewaters extend west
to the Eastern Hemisphere dividing line between theAtlantic and Pacific
Areas which lies along a line extending from theNorth Pole south along
100[deg] E. longitude to the Asian land massand 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 byCGD 87-008, 52 FR
13084, Apr. 21, 1987; CGD 96-025, 61FR 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;
NewHampshire; Vermont; Massachusetts; Rhode Island; Connecticut; New
Yorkexcept that part north of latitude 42[deg] N. and west of
longitude74[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 ofa line from 40[deg]18[min] N. 74[deg]30.5[min] W. north-
northwesterly to the New York, New Jersey & Pennsylvaniaboundaries at
Tristate; all U.S. Naval reservations on shore atNewfoundland; the ocean
area encompassed by the Search and Rescueboundary between Canada and the
United States easterly to longitude63[deg] W.; thence due south to
latitude 41[deg] N.;
[[Page 37]]
thencesouthwesterly along a line bearing 219[deg]T to the point
ofintersection at 37[deg] N. latitude, 67[deg]13[min] W. longitudewith a
line bearing 122[deg]T from the New Jersey shoreline at40[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 byCGD 87-008, 52 FR
13084, Apr. 21, 1987; CGD 96-016, 61FR 21958, May 13, 1996]
Sec. 3.05-10 Sector Boston Marine Inspection Zone and Captain of the Port Zone.
Sector Boston's office is located in Boston, MA. The boundaries
ofSector Boston's Marine Inspection Zone and Captain of the Port
Zonestart at the boundary of the Massachusetts-New Hampshire coasts
atlatitude 42[deg]52[min]20[sec] N, long 70[deg]49[min]02[sec] W;thence
proceeding east to the outermost extent of the EEZ at a pointlatitude
42[deg]52[min]18[sec] N, longitude67[deg]43[min]53[sec] W; thence
southeast along the outermostextent of the EEZ to a point at latitude
42[deg]08[min]00[sec] N,longitude 67[deg]08[min]17[sec] W; thence west
to a point atlatitude 42[deg]08[min]00[sec] N,
longitude70[deg]15[min]00[sec] W; thence southwest to the
Massachusettscoast near Manomet Point at latitude 41[deg]55[min]00[sec]
N,longitude 70[deg]33[min]00[sec] W; thence northwest to
latitude42[deg]04[min]00[sec] N, longitude 71[deg]06[min]00[sec]
W;thence to the Massachusetts-Rhode Island boundary at a point
latitude42[deg]01[min]08[sec] N, longitude 71[deg]22[min]53[sec]
W;thence west along the southern boundary of Massachusetts, except
thewaters of Congamond Lakes, to the Massachusetts-New York boundary
atlatitude 42[deg]02[min]59[sec] N, longitude73[deg]29[min]49[sec] W;
thence north along the Massachusetts-NewYork boundary to the
Massachusetts-New York-Vermont boundaries at apoint latitude
42[deg]44[min]45[sec] N, longitude73[deg]15[min]54[sec] W; thence east
along the entire extent of thenorthern Massachusetts boundary to the
point of origin.
[USCG-2006-25556, 72 FR 36319, July 2, 2007]
Sec. 3.05-15 Sector Northern New England Marine Inspection Zone and Captain ofthe Port Zone.
Sector Northern New England's office is located in Portland, ME.The
boundaries of Sector Northern New England's Marine Inspection Zoneand
Captain of the Port Zone start at the boundary of theMassachusetts-New
Hampshire coast at latitude 42[deg]52[min]20[sec]N, longitude
70[deg]49[min]02[sec] W; thence proceeding east to theoutermost extent
of the EEZ at a point latitude42[deg]52[min]18[sec] N, longitude
67[deg]43[min]53[sec] W;thence proceeding north along the outermost
extent of the EEZ to theUnited States-Canadian boundary; thence west
along the United States-Canadian boundary and along the outermost extent
of the EEZ to a pointat latitude 44[deg]59[min]58[sec] N,
longitude74[deg]39[min]00[sec] W; thence south to
latitude43[deg]36[min]00[sec] N, longitude 74[deg]39[min]00[sec]
W;thence east through Whitehall, NY, to the New York-Vermont border
atlatitude 43[deg]33[min]2.8[sec] N, longitude73[deg]15[min]01[sec] W;
thence south along the Vermont boundary tothe Massachusetts boundary at
latitude 42[deg]44[min]45[sec] N,longitude 73[deg]15[min]54[sec] W;
thence east along the entireextent of the northern Massachusetts
boundary to the point of origin.
[USCG-2006-25556, 72 FR 36319, July 2, 2007]
Sec. 3.05-20 Sector Southeastern New England Marine Inspection Zone and Captainof the Port Zone.
Sector Southeastern New England's office is located in
Providence,RI. The boundaries of Sector Southeastern New England's
MarineInspection Zone and Captain of the Port Zone start on
theMassachusetts coast at Manomet Point at latitude41[deg]55[min]00[sec]
N, longitude 70[deg]33[min]00[sec] W;thence northeast to latitude
42[deg]08[min]00[sec] N, longitude70[deg]15[min]00[sec] W; thence east
to the outermost extent of theEEZ at latitude 42[deg]08[min]00[sec] N,
longitude67[deg]08[min]17[sec] W; thence south along the outermost
extent ofthe EEZ to latitude 38[deg]24[min]45[sec] N,
longitude67[deg]41[min]26[sec] W; thence northwest to a point near
WatchHill Light, RI, at latitude 41[deg]18[min]14[sec] N,
longitude71[deg]51[min]30[sec] W; thence northeast to Westerly, RI,
atlatitude 41[deg]21[min]00[sec] N, longitude71[deg]48[min]30[sec] W;
thence north to latitude41[deg]25[min]00[sec] N, longitude
71[deg]48[min]00[sec] W;thence north along the Connecticut-Rhode Island
boundary, includingthe waters of Beach Pond, to the Massachusetts
boundary; thence eastalong the Massachusetts-Rhode Island boundary to
the northeastern mostcorner of Rhode Island; thence
[[Page 38]]
northeast to latitude42[deg]04[min]00[sec] N, longitude
71[deg]06[min]00[sec] W;thence southeast to the point of origin.
[USCG-2006-25556, 72 FR 36319, July 2, 2007]
Sec. 3.05-30 Sector New York Marine Inspection Zone and Captain of the PortZone.
Sector New York's office is located in New York City, NY.
Theboundaries of Sector New York's Marine Inspection Zone and Captain
ofthe Port Zone start near the south shore of Long Island at
latitude40[deg]35[min]24[sec] N, longitude 73[deg]46[min]36[sec]
Wproceeding southeast to a point at latitude 38[deg]28[min]00[sec]N,
longitude 70[deg]11[min]00[sec] W; thence northwest to a pointnear the
New Jersey coast at latitude 40[deg]18[min]00[sec] N,longitude
73[deg]58[min]40[sec] W; thence west along latitude40[deg]18[min]00[sec]
N to longitude 74[deg]30[min]30[sec] W;thence northwest to the
intersection of the New York-New Jersey-Pennsylvania boundaries near
Tristate at latitude41[deg]21[min]27[sec] N, longitude
74[deg]41[min]42[sec] W;thence northwest along the east bank of the
Delaware River to latitude42[deg]00[min]00[sec] N, longitude
75[deg]21[min]28[sec] W;thence east to longitude 74[deg]39[min]00[sec]
W; thence north tolatitude 43[deg]36[min]00[sec] N; thence east through
Whitehall,NY, to the New York-Vermont border at
latitude43[deg]33[min]03[sec] N, longitude 73[deg]15[min]01[sec]
W;thence south along the New York boundary to
latitude41[deg]01[min]30[sec] N, longitude 73[deg]40[min]00[sec]
W;thence south to a point near the southern shore of Manursing Island
atlatitude 40[deg]58[min]00[sec] N, longitude73[deg]40[min]00[sec] W;
thence southeasterly to latitude40[deg]52[min]30[sec] N, longitude
73[deg]37[min]12[sec] W;thence south to latitude 40[deg]40[min]00[sec]
N, longitude73[deg]40[min]00[sec] W; thence southwest to the point of
origin.
[USCG-2006-25556, 72 FR 36319, July 2, 2007]
Sec. 3.05-35 Sector Long Island Sound Marine Inspection Zone and Captain of thePort Zone.
Sector Long Island Sound's office is located in New Haven, CT.
Theboundaries of Sector Long Island Sound's Marine Inspection Zone
andCaptain of the Port Zone start near the south shore of Long Island
atlatitude 40[deg]35[min]24[sec] N, longitude73[deg]46[min]36[sec] W
proceeding northeast to latitude40[deg]40[min]00[sec] N, longitude
73[deg]40[min]00[sec] W;thence to latitude 40[deg]52[min]30[sec] N,
longitude73[deg]37[min]12[sec] W; thence northwest to a point near
thesouthern shore of Manursing Island at latitude40[deg]58[min]00[sec]
N, longitude 73[deg]40[min]00[sec] W;thence north to the Connecticut-New
York boundary at latitude41[deg]01[min]30[sec] N, longitude
73[deg]40[min]00[sec] W;thence north along the western boundary of
Connecticut to theMassachusetts-Connecticut boundary at
latitude42[deg]02[min]59[sec] N, longitude 73[deg]29[min]15[sec]
W;thence east along the southern boundary of Massachusetts, includingthe
waters of the Congamond Lakes, to the Rhode Island boundary atlatitude
42[deg]00[min]29[sec] N, longitude71[deg]47[min]57[sec] W; thence south
along the Connecticut-RhodeIsland boundary, excluding the waters of
Beach Pond, to latitude41[deg]24[min]00[sec] N, longitude
71[deg]48[min]00[sec] W;thence south to latitude 41[deg]21[min]00[sec]
N, longitude71[deg]48[min]30[sec] W near Westerly, RI; thence southwest
to apoint near Watch Hill Light, RI, at latitude 41[deg]18[min]14[sec]N,
longitude 71[deg]51[min]30[sec] W; thence southeast to theoutermost
extent of the EEZ at a point latitude38[deg]24[min]45[sec] N, longitude
67[deg]41[min]26[sec] W;thence southwest along the outermost extent of
the EEZ to a pointlatitude 37[deg]56[min]50[sec] N,
longitude69[deg]18[min]15[sec] W; thence northwest to
latitude38[deg]28[min]00[sec] N, longitude 70[deg]11[min]00[sec]
W;thence northwest to the point of origin.
[USCG-2006-25556, 72 FR 36319, July 2, 2007]
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: NorthCarolina;
Virginia; District of Columbia; Maryland; Delaware; thatpart of
Pennsylvania east of a line drawn along 78[deg]55[min] W.longitude south
to 41[deg]00[min] N. latitude, thence west to79[deg]00[min] W.
longitude, and thence south to the Pennsylvania-Maryland boundary; that
portion of New Jersey that lies south and westof a line drawn from the
New Jersey shoreline at 40[deg]18[min] N.latitude (just south of the
Shrewsbury River), thence westward to40[deg]18[min] N. latitude,
74[deg]30.5[min] W. longitude, thencenorth-northwesterly to the junction
of the New York, New Jersey, andPennsylvania boundaries at Tristate; and
the ocean area encompassed bya line bearing 122[deg]T from the coastal
[[Page 39]]
end of the First andFifth Districts' land boundary at the intersection
of the New Jerseyshoreline and 40[deg]18[min] N. latitude (just south of
theShrewsbury River) to the southernmost point in the First Coast
GuardDistrict (a point located at approximately 37[deg] N.
latitude,67[deg]13[min] W. longitude); thence along a line bearing
219[deg]Tto the point of intersection with the ocean boundary between
the Fifthand Seventh Coast Guard Districts, which is defined as a line
bearing122[deg]T from the coastal end of the Fifth and Seventh
Districts'land boundary at the shoreline at the North Carolina-South
Carolinaborder, 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 byCGD 87-008, 52 FR
13084, Apr. 21, 1987; 52 FR 16480, May 5,1987; CGD 87-008b, 52 FR 25217,
July 6, 1987; CGD96-016, 61 FR 21959, May 13, 1996]
Sec. 3.25-05 Sector Delaware Bay Marine Inspection Zone and Captain of the PortZone.
Sector Delaware Bay's office is located in Philadelphia, PA.
Theboundaries of Sector Delaware Bay's Marine Inspection Zone and
Captainof the Port Zone start near the New Jersey coast at
latitude40[deg]18[min]00[sec] N, longitude 73[deg]58[min]40[sec]
W,proceeding west to latitude 40[deg]18[min]00[sec] N,
longitude74[deg]30[min]30[sec] W, thence north-northwest to the junction
ofthe New York, New Jersey, and Pennsylvania boundaries near Tristate
atlatitude 41[deg]21[min]27[sec] N, longitude74[deg]41[min]42[sec] W;
thence northwest along the east bank ofthe Delaware River to latitude
42[deg]00[min]00[sec] N, longitude75[deg]21[min]28[sec] W; thence west
along the New York-Pennsylvania boundary to latitude
42[deg]00[min]00[sec] N,longitude 78[deg]54[min]58[sec] W; thence south
to latitude41[deg]00[min]00[sec] N, longitude 78[deg]54[min]58[sec]
W;thence west to latitude 41[deg]00[min]00[sec] N,
longitude79[deg]00[min]00[sec] W; thence south to the Pennsylvania-
Marylandboundary at latitude 39[deg]43[min]22[sec] N,
longitude79[deg]00[min]00[sec] W; thence east to the intersection of
theMaryland-Delaware boundary at latitude 39[deg]43[min]22[sec]
N,longitude 75[deg]47[min]17[sec] W; thence south along the Maryland-
Delaware boundary to latitude 38[deg]27[min]37[sec] N,
longitude75[deg]41[min]35[sec] W and east along the Maryland-
Delawareboundary to and including Fenwick Island Light at
latitude38[deg]27[min]03[sec] N, longitude 75[deg]02[min]55[sec] W.
Theoffshore boundary starts at Fenwick Island Light and proceeds east
toa point at latitude 38[deg]26[min]25[sec] N,
longitude74[deg]26[min]46[sec] W; thence southeast to
latitude37[deg]19[min]14[sec] N, longitude 72[deg]13[min]13[sec]
W;thence east to the outermost extent of the EEZ at
latitude37[deg]19[min]14[sec] N, longitude 71[deg]02[min]54[sec]
W;thence northeast along the outermost extent of the EEZ to
latitude37[deg]56[min]50[sec] N, longitude 69[deg]18[min]15[sec]
W;thence northwest to latitude 38[deg]28[min]00[sec] N,
longitude70[deg]11[min]00[sec] W; thence northwest to a point near the
NewJersey coast at latitude 40[deg]18[min]00[sec] N,
longitude73[deg]58[min]40[sec] W.
[USCG-2006-25556, 72 FR 36320, July 2, 2007]
Sec. 3.25-10 Sector Hampton Roads Marine Inspection Zone and Captain of thePort Zone.
Sector Hampton Roads' office is located in Portsmouth, VA.
Theboundaries of Sector Hampton Roads' Marine Inspection Zone and
Captainof the Port Zone start at a point on the Delaware-Maryland
boundary atlatitude 38[deg]00[min]18[sec] N,
longitude75[deg]30[min]00[sec] W and proceeds north to the Delaware-
Marylandboundary at latitude 38[deg]27[min]15[sec] N,
longitude75[deg]30[min]00[sec] W; thence east along the Delaware-
Marylandboundary to the intersection of the Maryland-Delaware boundary
and thecoast at latitude 38[deg]27[min]03[sec] N,
longitude75[deg]02[min]55[sec] W thence east to a point at
latitude38[deg]26[min]25[sec] N, longitude 74[deg]26[min]46[sec]
W;thence southeast to latitude 37[deg]19[min]14[sec] N,
longitude72[deg]13[min]13[sec] W; thence east to the outermost extent of
theEEZ at latitude 37[deg]19[min]14[sec] N,
longitude71[deg]02[min]54[sec] W; thence south along the outermost
extent ofthe EEZ to a point latitude 36[deg]33[min]00[sec] N,
longitude71[deg]29[min]34[sec] W; thence west along
latitude36[deg]33[min]00[sec] N to the Virginia-North Carolina boundary
atlatitude 36[deg]33[min]00[sec] N, longitude75[deg]52[min]00[sec] W;
thence west along the Virginia-NorthCarolina boundary to the
intersection of Virginia-North Carolina-Tennessee; thence along the
Virginia-Tennessee boundary to theintersection of Virginia-Tennessee-
Kentucky; thence northeast alongthe Virginia-Kentucky boundary to the
intersection of Virginia-Kentucky-West Virginia; thence northeast along
the Virginia-WestVirginia boundary to the intersection of the Virginia-
WestVirginia-
[[Page 40]]
Maryland boundary; thence southeast along the Virginia-Maryland and
Virginia-District of Columbia boundaries as thoseboundaries are formed
along the southern bank of the Potomac River tothe Chesapeake Bay;
thence east along the Virginia-Maryland boundaryas it proceeds across
the Chesapeake Bay, Tangier and Pocomoke Sounds,Pocomoke River, and
Delmarva Peninsula; thence east along theVirginia-Maryland boundary to
the point of origin.
[USCG-2006-25556, 72 FR 36320, July 2, 2007]
Sec. 3.25-15 Sector Baltimore Marine Inspection Zone and Captain of the PortZone.
Sector Baltimore's office is located in Baltimore, MD. Theboundaries
of Sector Baltimore's Marine Inspection Zone and Captain ofthe Port Zone
start at a point latitude 38[deg]27[min]15[sec] N,longitude
75[deg]30[min]00[sec] W. on the Delaware-Marylandboundary, proceeding
along the Delaware-Maryland boundary west to apoint at latitude
38[deg]27[min]37[sec] N, longitude75[deg]41[min]35[sec] W and north to
the Pennsylvania boundary at apoint latitude 39[deg]43[min]22[sec] N,
longitude75[deg]47[min]17[sec] W; thence west along the Pennsylvania-
Maryland boundary to the West Virginia boundary at a point
latitude39[deg]43[min]16[sec] N, longitude 79[deg]28[min]36[sec]
W;thence south and east along the Maryland-West Virginia boundary to
theintersection of the Maryland-Virginia-West Virginia boundaries at
apoint latitude 39[deg]19[min]17[sec] N, longitude77[deg]43[min]08[sec]
W; thence southwest along the Loudoun County,VA boundary to the
intersection with Fauquier County, VA at a pointlatitude
39[deg]00[min]50[sec] N, longitude77[deg]57[min]43[sec] W; thence east
along the Loudoun County, VAboundary to the intersection with the Prince
William County, VAboundary at a point latitude 38[deg]56[min]34[sec] N,
longitude77[deg]39[min]18[sec] W; thence south along the Prince
WilliamCounty boundary to the intersection with Stafford County, VA, at
apoint latitude 38[deg]33[min]22[sec] N, longitude77[deg]31[min]52[sec]
W; thence east along the Prince WilliamCounty, VA boundary to a point
near the western bank of the PotomacRiver at latitude
38[deg]30[min]11[sec] N, longitude77[deg]18[min]01[sec] W; thence south
and east along the southernbank of the Potomac River to the Maryland-
Virginia boundary at a pointlatitude 37[deg]53[min]25[sec] N,
longitude76[deg]14[min]12[sec] W; thence east along the Maryland-
Virginiaboundary as it proceeds across the Chesapeake Bay, Tangier
andPocomoke Sounds, Pocomoke River, and Delmarva Peninsula to a point
onthe Maryland-Virginia boundary near the Atlantic coast at
latitude38[deg]00[min]18[sec] N, longitude 75[deg]30[min]00[sec]
W;thence north to the Delaware-Maryland boundary at the point of origin.
[USCG-2006-25556, 72 FR 36320, July 2, 2007]
Sec. 3.25-20 Sector North Carolina Marine Inspection Zone and Captain of thePort Zone; Marine Safety Unit Wilmington: Cape Fear River MarineInspection and
Captain of the Port Zones.
Sector North Carolina's office is located in Fort Macon, NC.
Asubordinate unit, Marine Safety Unit (MSU) Wilmington, is located
inWilmington, NC.
(a) The boundaries of Sector North Carolina's Marine InspectionZone
and Captain of the Port Zone start at the sea on the NorthCarolina-
Virginia border at latitude 36[deg]33[min]00[sec] N,longitude
75[deg]52[min]00[sec] W, proceeding west along the NorthCarolina-
Virginia boundary to the Tennessee boundary; thence southwestalong the
North Carolina-Tennessee boundary to the Georgia boundary;thence east
along the North Carolina-Georgia boundary to the SouthCarolina boundary;
thence east along the North Carolina-South Carolinaboundary to the sea
at latitude 33[deg]51[min]04[sec] N, longitude78[deg]32[min]28[sec] W;
thence southeast on a bearing of122[deg]T to a point at latitude
33[deg]17[min]55[sec] N,longitude 77[deg]31[min]46[sec] W; thence
southeast to theoutermost extent of the EEZ at latitude
31[deg]42[min]32[sec] N,longitude 74[deg]29[min]53.3[sec] W; thence
northeast along theoutermost extent of the EEZ to a point at
latitude36[deg]33[min]00[sec] N, longitude 71[deg]29[min]34[sec]
W;thence west to the point of origin; and in addition, all the
areadescribed in paragraph (b) of this section.
(b) MSU Wilmington is responsible for the Cape Fear River
MarineInspection and Captain of the Port Zones, starting at a point
atlatitude 34[deg]26[min]26[sec] N, longitude77[deg]31[min]05[sec] W at
the intersection of the Pender Countyand Onslow County lines on the
Atlantic Coast, proceeding north alongthe boundary of
[[Page 41]]
Pender County and Onslow County to theintersection of the Pender County,
Duplin County, and Onslow Countylines; thence north along the boundary
of Duplin County and OnslowCounty to the intersection of the Duplin
County, Onslow County, andJones County lines; thence northwest along the
boundary of DuplinCounty and Jones County to the intersection of the
Duplin County,Jones County, and Lenoir County lines; thence northwest
along theboundary of Duplin County and Lenoir County to the intersection
of theDuplin County, Lenoir County, and Wayne County lines; thence
westalong the boundary of Duplin County and Wayne County to
theintersection of the Duplin County, Wayne County, and Sampson
Countylines; thence north along the boundary of Sampson County and
WayneCounty to the intersection of the Sampson County, Wayne County,
andJohnston County lines; thence west along the boundary of
SampsonCounty and Johnston County to the intersection of the Sampson
County,Johnston County, and Harnett County lines; thence southwest along
theboundary of Sampson County and Harnett County to the intersection
ofthe Sampson County, Harnett County, and Cumberland County lines;thence
west along the boundary of Cumberland County and Harnett Countyto the
intersection of the Cumberland County, Harnett County, andMoore County
lines; thence south along the boundary of CumberlandCounty and Moore
County to the intersection of the Cumberland County,Moore County, and
Hoke County lines; thence west along the boundary ofHoke County and
Moore County to the intersection of the Hoke County,Moore County,
Richmond County, and Scotland County lines; thencesoutheast along the
boundary of Hoke County and Scotland County to theintersection of the
Hoke County, Scotland County, and Robeson Countylines; thence southwest
along the boundary of Robeson County andScotland County to the
intersection of the Robeson County, ScotlandCounty, and North Carolina-
South Carolina boundaries; thence southeastalong the North Carolina-
South Carolina boundary to a point atlatitude 33[deg]51[min]30[sec] N,
longitude78[deg]33[min]00[sec] W along the North Carolina-South
Carolinaboundary; thence to the Atlantic Coast at
latitude33[deg]51[min]04[sec] N, longitude 78[deg]32[min]28[sec]
W;thence southeast to a point on a bearing of 122[deg] T at
latitude33[deg]17[min]55[sec] N, longitude 77[deg]31[min]46[sec]
W;thence north to a point at latitude 34[deg]26[min]26[sec] N,longitude
77[deg]31[min]05[sec] W.
[USCG-2006-25556, 72 FR 36320, July 2, 2007]
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
ofSouth Carolina, Georgia and Florida, except for that part of
Georgiaand Florida west of a line from the intersection of the Florida
coastwith 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 thesouth shore of the Jim Woodruff
Reservoir; thence along the east bankof the Jim Woodruff Reservoir and
the east bank of the Flint River upstream to Montezuma, GA, thence
northwesterly to West Point, GA. Alsoincluded is the Panama Canal Zone,
all the island possessions of theUnited States pertaining to Puerto Rico
and the U.S. Virgin Islands;and the U.S. Naval reservations in the
islands of the West Indies andon the north coast of South America. The
ocean areas are thoseportions of the western North Atlantic, Caribbean
Sea, Gulf of Mexicoand the Straits of Florida areas encompassed by a
line originating atthe state boundary between North Carolina and South
Carolina, andextending 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 SouthAmerica;
thence westerly and northerly along the north coast of SouthAmerica, and
the eastern coasts of Central America and Mexico to theYucatan Peninsula
at 21[deg]25[min] N., 87[deg]11[min] W.; thencealong a line 019[deg] T
to the intersection of longitude83[deg]50[min]
[[Page 42]]
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 byCGFR 70-150, 36 FR
911, Jan. 20, 1971;USCG-1999-5832, 64 FR 34711, June 29, 1999]
Sec. 3.35-10 Sector Miami Marine Inspection Zone and Captain of the Port Zone.
Sector Miami's office is located in Miami, FL. The boundaries
ofSector Miami's Marine Inspection Zone and Captain of the Port
Zonestart at the outermost extent of the EEZ at
latitude28[deg]00[min]00[sec] N, longitude 79[deg]23[min]34[sec]
W,proceeding west to latitude 28[deg]00[min]00[sec] N,
longitude81[deg]30[min]00[sec] W; thence south to the northern boundary
ofCollier County, FL, at longitude 81[deg]30[min]00[sec] W;
thencefollowing along the boundaries of Collier County east along
thenorthern boundary to the eastern boundary and then south along
theeastern boundary to the southern boundary of Collier County;
thencesouth along the western boundary of Miami-Dade County to the sea
atlatitude 25[deg]10[min]36[sec] N, longitude80[deg]51[min]29[sec] W;
thence east along the southern boundary ofMiami-Dade County to latitude
25[deg]24[min]52[sec] N, longitude80[deg]19[min]39[sec] W; thence
southeast to the outermost extentof the EEZ at latitude
25[deg]11[min]34[sec] N, longitude79[deg]41[min]31[sec] W; thence north
along the outermost extent ofthe EEZ to the point of origin.
[USCG-2006-25556, 72 FR 36321, July 2, 2007]
Sec. 3.35-15 Sector Charleston Marine Inspection Zone and Captain of the PortZone; Marine Safety Unit Savannah.
Sector Charleston's office is located in Charleston, SC.
Asubordinate unit, Marine Safety Unit (MSU) Savannah, is located
inSavannah, GA.
(a) Sector Charleston's Marine Inspection Zone and Captain of
thePort Zone start at the intersection of the North Carolina-
SouthCarolina boundaries and the sea at latitude 33[deg]51[min]04[sec]N,
longitude 78[deg]32[min]28[sec] W, proceeding west along theNorth
Carolina-South Carolina boundary to the intersection of theNorth
Carolina-South Carolina-Georgia boundaries; thence south alongthe South
Carolina-Georgia boundary to the intersection with theFederal dam at the
southern end of Hartwell Reservoir at latitude34[deg]21[min]30[sec] N,
longitude 82[deg]49[min]15[sec] W;thence south along the eastern bank
and then east along the northernbank of the Savannah River to the sea at
latitude32[deg]02[min]23[sec] N, longitude 80[deg]53[min]06[sec] W,
nearthe eastern tip of Oyster Bed Island; thence east on a line
bearing084[deg] T to latitude 32[deg]03[min]00[sec] N,
longitude80[deg]45[min]00[sec] W; thence southeast on a line
bearing122[deg] T to latitude 30[deg]50[min]00[sec] N,
longitude78[deg]35[min]00[sec] W; thence east to the outermost extent of
theEEZ at latitude 30[deg]50[min]00[sec] N,
longitude76[deg]09[min]54[sec] W; thence northeast along the
outermostextent of the EEZ to latitude 31[deg]42[min]32[sec] N,
longitude74[deg]29[min]53[sec] W; thence northwest to the point of
origin;and in addition, all the area described in paragraph (b) of
thissection.
(b) The boundaries of the MSU Savannah Marine Inspection andCaptain
of the Port Zones start near the eastern tip of Oyster BedIsland at
latitude 32[deg]02[min]23[sec] N, longitude80[deg]53[min]06[sec] W,
proceeding west along the northern bankand then north along the eastern
bank of the Savannah River to theintersection of the South Carolina-
Georgia boundary with the Federaldam at the southern end of Hartwell
Reservoir, at latitude34[deg]21[min]30[sec] N, longitude
82[deg]49[min]15[sec] W;thence north along the South Carolina-Georgia
boundary to theintersection of the North Carolina-South Carolina-Georgia
boundaries;thence west along the Georgia-North Carolina boundary and
continuingwest along the Georgia-Tennessee boundary to the intersection
of theGeorgia-Tennessee-Alabama boundaries; thence south along the
Georgia-Alabama boundary to latitude 32[deg]53[min]00[sec] N;
thencesoutheast to the eastern bank of the Flint River at
latitude32[deg]20[min]00[sec] N; thence south along the eastern bank of
theFlint River and continuing south along the eastern shore of
SeminoleLake to latitude 30[deg]45[min]57[sec] N,
longitude84[deg]45[min]00[sec] W; thence south along
longitude84[deg]45[min]00[sec] W to the Florida boundary; thence east
alongthe Florida-Georgia boundary to longitude 82[deg]15[min]00[sec]
W;thence north to latitude 30[deg]50[min]00[sec] N,
longitude82[deg]15[min]00[sec] W; thence east to the outermost extent of
theEEZ at latitude 30[deg]50[min]00[sec] N,
longitude76[deg]09[min]54[sec] W; thence northwest to
latitude32[deg]03[min]06[sec] N, longitude 80[deg]45[min]00[sec]
[[Page 43]]
W;thence southwest to the point of origin. The boundary includes all
thewaters of the Savannah River including adjacent waterfront
facilitiesin South Carolina.
[USCG-2006-25556, 72 FR 36321, July 2, 2007]
Sec. 3.35-20 Sector Jacksonville Marine Inspection Zone and Captain of the PortZone.
Sector Jacksonville's office is located in Jacksonville, FL.
Theboundaries of Sector Jacksonville's Marine Inspection Zone and
Captainof the Port Zone start at the outermost extent of the EEZ at
latitude30[deg]50[min]00[sec] N, longitude 76[deg]09[min]54[sec]
W,proceeding west to latitude 30[deg]50[min]00[sec] N,
longitude82[deg]15[min]00[sec] W; thence south to the intersection of
theFlorida-Georgia boundary at longitude 82[deg]15[min]00[sec] W;thence
west along the Florida-Georgia boundary to
longitude83[deg]00[min]00[sec] W; thence southeast to
latitude28[deg]00[min]00[sec] N, 81[deg]30[min]00[sec] W; thence east
tothe outermost extent of the EEZ at latitude 28[deg]00[min]00[sec]N,
longitude 79[deg]23[min]34[sec] W; thence northeast along theoutermost
extent of the EEZ to the point of origin.
[USCG-2006-25556, 72 FR 36322, July 2, 2007]
Sec. 3.35-25 Sector San Juan Marine Inspection Zone and Captain of the PortZone.
Sector San Juan's office is located in San Juan, PR. Theboundaries
of Sector San Juan's Marine Inspection Zone and Captain ofthe Port Zone
comprise both the Commonwealth of Puerto Rico and theTerritory of the
Virgin Islands, and the waters adjacent to both, inan area enclosed by
the outermost extents of the EEZ, subject toexisting laws and
regulations.
[USCG-2006-25556, 72 FR 36322, July 2, 2007]
Sec. 3.35-35 Sector St. Petersburg Marine Inspection Zone and Captain of thePort Zone.
Sector St. Petersburg's sector office is located in St.Petersburg,
FL. The boundaries of Sector St. Petersburg's MarineInspection Zone and
Captain of the Port Zone start at the Floridacoast at latitude
29[deg]59[min]14[sec] N, longitude83[deg]50[min]00[sec] W, proceeding
north to latitude30[deg]15[min]00[sec] N, longitude
83[deg]50[min]00[sec] W;thence west to latitude 30[deg]15[min]00[sec] N,
longitude84[deg]45[min]00[sec] W; thence north to the Florida-
Georgiaboundary at longitude 84[deg]45[min]00[sec] W; thence east
alongthe Florida-Georgia boundary to longitude 83[deg]00[min]00[sec]
W;thence southeast to latitude 28[deg]00[min]00[sec] N,
longitude81[deg]30[min]00[sec] W; thence south
along81[deg]30[min]00[sec] W to the northern boundary of Collier
County,FL, and then following along the boundaries of Collier County,
eastalong the northern boundary to the eastern boundary and then
southalong the eastern boundary to the southern boundary and then
westalong the southern boundary to latitude 25[deg]48[min]12[sec]
N,longitude 81[deg]20[min]39[sec] W; thence southwest to theoutermost
extent of the EEZ at latitude 24[deg]18[min]57[sec] N,longitude
84[deg]50[min]48[sec] W; thence west along the outermostextent of the
EEZ to latitude 24[deg]48[min]13[sec] N, longitude85[deg]50[min]05[sec]
W; thence northeast to the point of origin.
[USCG-2006-25556, 72 FR 36322, July 2, 2007]
Sec. 3.35-40 Sector Key West Marine Inspection Zone and Captain of the PortZone.
Sector Key West's office is located in Key West, FL. Theboundaries
of Sector Key West's Marine Inspection Zone and Captain ofthe Port Zone
start at the outermost extent of the EEZ at
latitude25[deg]11[min]34[sec] N, longitude 79[deg]41[min]31[sec]
W,proceeding northeast to the Miami-Dade County, FL boundary at
latitude25[deg]24[min]52[sec] N, longitude 80[deg]19[min]39[sec]
W;thence west along the southern boundary of Miami-Dade County to
thewestern boundary at latitude 25[deg]10[min]36[sec] N,
longitude80[deg]51[min]29[sec] W; thence north along the western
boundary ofMiami-Dade County to the southern boundary of Collier County,
FL;thence west along the southern boundary of Collier County to
latitude25[deg]48[min]12[sec] N, longitude 81[deg]20[min]39[sec]
W;thence southwest to the outermost extent of the EEZ at
latitude24[deg]18[min]57[sec] N, longitude 84[deg]50[min]48[sec]
W;thence east and then north along the outermost extent of the EEZ tothe
point of origin.
[USCG-2006-25556, 72 FR 36322, July 2, 2007]
[[Page 44]]
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
Pennsylvaniasouth of 41[deg] N. latitude and west of 79[deg] W.
longitude; thoseparts 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 Minnesotasouth
of 46[deg]20[min] N. latitude; those parts of Florida andGeorgia west of
a line starting at the Florida coast at83[deg]50[min] W. longitude;
thence northerly to 30[deg]15[min] N.latitude, 83[deg]50[min] W.
longitude; thence due west to30[deg]15[min] N. latitude, 84[deg]45[min]
W. longitude; thencedue north to the southern bank of the Jim Woodruff
Reservoir at84[deg]45[min] W. longitude; thence northeasterly along the
easternbank of the Jim Woodruff Reservoir and northerly along the
easternbank of the Flint River to Montezuma, GA.; thence northwesterly
toWest Point, GA.; and the Gulf of Mexico area west of a line bearing199
T. from the intersection of the Florida coast at 83[deg]50[min]W.
longitude (the coastal end of the Seventh and Eighth Coast GuardDistrict
land boundary.) [DATUM NAD83]
[CGFR 67-15, 32 FR 5270, Mar. 29, 1967, as amended byCGD 77-167, 43 FR
2372, Jan. 16, 1978; CGD 96-025, 61 FR29959, June 13, 1996]
Sec. 3.40-10 Sector Mobile Marine Inspection Zone and Captain of the Port Zone.
Sector Mobile's office is located in Mobile, AL. The boundaries
ofSector Mobile's Marine Inspection Zone and Captain of the Port
Zonestart near the Florida coast at latitude 29[deg]59[min]14[sec]
N,longitude 83[deg]50[min]00[sec] W, proceeding north to
latitude30[deg]15[min]00[sec] N, longitude 83[deg]50[min]00[sec]
W;thence west to latitude 30[deg]15[min]00[sec] N,
longitude84[deg]45[min]00[sec] W; thence north to a point near the
southernbank of the Seminole Lake at latitude 30[deg]45[min]57[sec]
N,longitude 84[deg]45[min]00[sec] W; thence northeast along theeastern
bank of the Seminole Lake and north along the eastern bank ofthe Flint
River to latitude 32[deg]20[min]00[sec] N,
longitude84[deg]01[min]51[sec] W; thence northwest to the intersection
ofthe Georgia-Alabama border at latitude 32[deg]53[min]00[sec] N;thence
north along the Georgia-Alabama border to the southern boundaryof Dekalb
County, AL, thence west along the northern boundaries ofCherokee,
Etowah, Blount, Cullman, Winston, and Marion Counties, AL,to the
Mississippi-Alabama border; thence north along the Mississippi-Alabama
border to the southern boundary of Tishomingo County, MS, atthe
Mississippi-Tennessee border; thence west along the southernboundaries
of Tishomingo and Prentiss Counties; thence north along thewestern
boundaries of Prentiss and Alcorn Counties; thence west alongthe
northern boundaries of Tippah, Benton, and Marshall Counties, MS;thence
south and west along the eastern and southern boundaries ofDeSoto,
Tunica, Coahoma, Bolivar, and Washington Counties, MS; thenceeast along
the northern boundary of Humphreys and Holmes Counties, MS;thence south
along the eastern and southern boundaries of Holmes,Yazoo, Warren,
Claiborne, Jefferson, Adams, and Wilkinson Counties,MS; thence east from
the southernmost intersection of Wilkinson andAmite Counties, MS, to the
west bank of the Pearl River; thence southalong the west bank of the
Pearl River to longitude89[deg]31[min]48[sec] W (at the mouth of the
river); thence southalong longitude 89[deg]31[min]48[sec] W to
latitude30[deg]10[min]00[sec] N; thence east along
latitude30[deg]10[min]00[sec] N to longitude 89[deg]10[min]00[sec]
W;thence southeast to latitude 29[deg]00[min]00[sec] N,
longitude88[deg]00[min]00[sec] W; thence south along
longitude88[deg]00[min]00[sec] W to the outermost extent of the EEZ;
thenceeast along the outermost extent of the EEZ to the intersection
with aline bearing 199[deg]T from the intersection of the Florida coast
atlongitude 83[deg]50[min]00[sec] W; thence northeast along a
linebearing 199[deg] T from the Florida coast at
longitude83[deg]50[min]00[sec] W to the coast.
[USCG-2006-25556, 72 FR 36322, July 2, 2007]
[[Page 45]]
Sec. 3.40-15 Sector New Orleans Marine Inspection Zone and Captain of the PortZone; Marine Safety Unit Morgan City.
Sector New Orleans' office is located in New Orleans, LA.
Asubordinate unit, Marine Safety Unit (MSU) Morgan City, is located
inMorgan City, LA.
(a) Sector New Orleans' Marine Inspection Zone and Captain of
thePort Zone starts at latitude 30[deg]10[min]00[sec] N,
longitude89[deg]10[min]00[sec] W; thence west along
latitude30[deg]10[min]00[sec] N to longitude 89[deg]31[min]48[sec]
W;thence north along longitude 89[deg]31[min]48[sec] W to the westbank
of the Pearl River (at the mouth of the river); thence northalong the
west bank of the Pearl River to latitude31[deg]00[min]00[sec] N; thence
west along latitude31[deg]00[min]00[sec] N to the east bank of the
Mississippi River;thence south along the east bank to mile 303.0, thence
west to thewest bank at mile 303.0; thence north to the southern
boundary of theOld River Lock Structure, thence west along the south
bank of theLower Old River, to the intersection with the Red River;
thence westalong the south bank of the Red River to Rapides Parish,
thence southalong the western boundaries of Avoyelles, Evangeline,
Acadia andVermillion Parishes to the intersection of the sea and
longitude92[deg]37[min]00[sec] W; thence south along
longitude92[deg]37[min]00[sec] W to the outermost extent of the EEZ;
thenceeast along the outermost extent of the EEZ to
longitude88[deg]00[min]00[sec] W; thence north along
longitude88[deg]00[min]00[sec] W to latitude 29[deg]00[min]00[sec]
N;thence northwest to latitude 30[deg]10[min]00[sec] N,
longitude89[deg]10[min]00[sec] W; and in addition, all the area
described inparagraph (b) of this section.
(b) The boundaries of the MSU Morgan City Marine Inspection
andCaptain of the Port Zones start at latitude 28[deg]50[min]00[sec]N,
longitude 88[deg]00[min]00[sec] W.; thence proceeds west tolatitude
28[deg]50[min]00[sec] N., longitude89[deg]27[min]06[sec] W.; thence
northwest to latitude29[deg]18[min]00[sec] N, longitude
90[deg]00[min]00[sec] W;thence northwest along the northern boundaries
of Lafourche,Assumption, Iberia, and St. Martin Parishes, Louisiana;
thencenorthwest along the northern boundary of Lafayette and
AcadiaParishes, Louisiana; thence south along the west boundary of
Acadiaand Vermillion Parishes, Louisiana to the Louisiana Coast at
longitude92[deg]37[min]00[sec] W, thence south along
longitude92[deg]37[min]00[sec] W to the outermost extent of the EEZ;
thenceeast along the outermost extent of the EEZ to
longitude88[deg]00[min]00[sec] W.; thence north to
latitude28[deg]50[min]00[sec] N, longitude 88[deg]00[min]00[sec] W.
[USCG-2006-25556, 72 FR 36322, July 2, 2007]
Sec. 3.40-28 Sector Houston-Galveston Marine Inspection Zone and Captain of thePort Zone; Marine Safety Unit Port Arthur.
Sector Houston-Galveston's office is located in Galena Park, TX.
Asubordinate unit, Marine Safety Unit (MSU) Port Arthur, is located
inPort Arthur, TX.
(a) Sector Houston-Galveston's Marine Inspection Zone and Captainof
the Port Zone start near the intersection of the western boundaryof
Vermillion Parish, LA, and the sea at latitude29[deg]34[min]45[sec] N,
longitude 92[deg]37[min]00[sec] W,proceeding north along the eastern and
southern boundaries of Cameron,Jefferson Davis, Allen, and Rapides
Parishes, LA, to the southern bankof the Red River; thence northwest
along the south bank of the RedRiver to the northern boundary of Red
River Parish, LA; thence westalong the northern boundary of Red River
Parish and DeSoto Parish, LA,to the Louisiana-Texas border; thence north
along the Louisiana-Texasborder to the Texas-Arkansas border at the
northern boundary of BowieCounty, TX; thence west along the Texas-
Arkansas border to the Texas-Oklahoma border; thence northwest along the
Texas-Oklahoma border tothe southern shore of Lake Texoma in Grayson
County, TX; thence westalong the northern shore of Lake Texoma to the
Texas-Oklahoma border;thence west along the Texas-Oklahoma border to the
Texas-New Mexicoborder, including all portions of the Red River; thence
south alongthe Texas-New Mexico border to the southern boundary of
AndrewsCounty, TX; thence southeast along the western and southern
boundariesof Andrews, Midland, Glasscock, Sterling, Tom Green,
Concho,McCulloch, San Saba, Lampasas, Bell, Williamson, Lee, Washington,
andAustin Counties, TX to the intersection of Colorado County,
[[Page 46]]
Texas;thence along the northern and eastern boundary of Colorado County
tothe east bank of the Colorado River; thence south along the east
bankof the Colorado River to the sea; thence southeast along a
linebearing 140[deg] T to the outermost extent of the EEZ at
latitude25[deg]59[min]50[sec] N, longitude 93[deg]32[min]21[sec]
W;thence east along the outermost extent of the EEZ to
latitude26[deg]03[min]27[sec] N, longitude 92[deg]37[min]00[sec]
W;thence north along longitude 92[deg]37[min]00[sec] W to theLouisiana
Coast; and in addition, all the area described in paragraph(b) of this
section.
(b) The boundaries of the MSU Port Arthur Marine Inspection
andCaptain of the Port Zones start at the intersection of the sea
andlongitude 92[deg]37[min]00[sec] W; thence north along the easternand
southern boundaries of Cameron, Jefferson Davis, Allen, andRapides
Parishes, Louisiana to the southern bank of the Red River;thence
northwest along the southern bank of the Red River to thenorthern
boundary of Red River Parish, Louisiana; thence west alongthe northern
boundary of Red River Parish and Desoto Parish, Louisianato the
Louisiana-Texas border; thence north along the Louisiana-Texasborder to
the Texas-Arkansas border at the northern boundary of BowieCounty,
Texas; thence north along the Texas-Arkansas border to theTexas-Oklahoma
border; thence west along the Texas-Oklahoma border tothe northwest-most
boundary of Fannin County, Texas, including allportions of the Red
River; thence south along the western and southernboundaries of Fannin,
Hunt, Kaufman, Henderson, Anderson, Houston,Trinity, Polk, Hardin, and
Jefferson Counties, Texas to the sea atlongitude 94[deg]25[min]00[sec]
W; thence southeast to latitude29[deg]00[min]00[sec] N, longitude
93[deg]40[min]00[sec] W;thence southeast to latitude
27[deg]50[min]00[sec] N, longitude93[deg]24[min]00[sec] W; thence south
along longitude93[deg]24[min]00[sec] W to the outermost extent of the
EEZ; thenceeast along the outermost extent of the EEZ to
longitude92[deg]37[min]00[sec] W; thence north along
longitude92[deg]37[min]00[sec] W to the Louisiana Coast.
[USCG-2006-25556, 72 FR 36323, July 2, 2007]
Sec. 3.40-35 Sector Corpus Christi Marine Inspection Zone and Captain of thePort Zone.
Sector Corpus Christi's office is located in Corpus Christi, TX.The
boundaries of Sector Corpus Christi's Marine Inspection Zone andCaptain
of the Port Zone start at the junction of the sea and the eastbank of
the Colorado River at latitude 28[deg]35[min]44[sec] N,longitude
95[deg]58[min]48[sec] W, proceeding north along the eastbank of the
Colorado River to Colorado County, TX; thence southwestalong the
northern boundary of Wharton County, TX; thence northwestalong the
eastern and northern boundaries of Colorado, Fayette,Bastrop, Travis,
Burnet, Llano, Mason, Menard, Schletcher, Irion,Reagan, Upton, and Ector
Counties, TX; thence west along the northernboundary of Ector and
Winkler Counties, TX, to the Texas-New Mexicoborder; thence north along
the New Mexico border to the New Mexico-Colorado border; thence west
along the New Mexico-Colorado border tothe intersection of New Mexico,
Colorado, Utah, and Arizona borders;thence south along the New Mexico-
Arizona border to the United States-Mexican border; thence southeast
along the United States-Mexicanborder to the outermost extent of the EEZ
at latitude25[deg]57[min]22[sec] N, longitude 97[deg]08[min]20[sec]
W;thence east along the outermost extent of the EEZ to
latitude25[deg]59[min]50[sec] N, longitude 93[deg]32[min]21[sec]
W;thence northwest to the point of origin.
[USCG-2006-25556, 72 FR 36323, July 2, 2007]
Sec. 3.40-40 Sector Upper Mississippi River Marine Inspection Zone and Captainof the Port Zone.
Sector Upper Mississippi River's office is located in St. Louis,MO.
The boundaries of Sector Upper Mississippi River's MarineInspection Zone
and Captain of the Port Zone include all of Wyomingexcept for Sweetwater
County; all of North Dakota, South Dakota,Nebraska, Colorado, Kansas,
and Iowa; all of Missouri with theexception of Perry, Cape Girardeau,
Scott, Mississippi, New Madrid,Dunklin, and Pemiscot Counties; that part
of Minnesota south oflatitude 46[deg]20[min]00[sec] N; that part of
Wisconsin south oflatitude 46[deg]20[min]00[sec] N, and west of
longitude90[deg]00[min]00[sec] W; that part of Illinois west of
[[Page 47]]
longitude 90[deg]00[min]00[sec] W and north of
latitude41[deg]00[min]00[sec] N; that part of Illinois south of
latitude41[deg]00[min]00[sec] N, except for Jackson, Williamson,
Saline,Gellatin, Union, Johnson, Pope, Hardin, Alexander, Pulaski, and
MassacCounties; that part of the Upper Mississippi River above mile
109.9,including both banks, and that part of the Illinois River
belowlatitude 41[deg]00[min]00[sec] N.
[USCG-2006-25556, 72 FR 36324, July 2, 2007]
Sec. 3.40-60 Sector Lower Mississippi River Marine Inspection Zone and Captainof the Port Zone.
Sector Lower Mississippi River's office is located in Memphis,
TN.The boundaries of Sector Lower Mississippi River's Marine
InspectionZone and Captain of the Port Zone include all of Arkansas and
all ofOklahoma with the exception of the Red River and Lake Texoma;
inMissouri: Dunklin and Pemiscot Counties. In Tennessee:
Dyer,Lauderdale, Obion, Tipton, and Shelby Counties, and all portions
ofLake County with the exception of the area north and west of a
linedrawn from Mississippi River at latitude 36[deg]20[min]00 N
andlongitude 89[deg]32[min]30[sec] W due east to Highway 78
thencenortheast along Highway 78 to the Kentucky-Tennessee state line;
inMississippi: Desoto, Tunica, Coahoma, Bolivar, Washington,
Humphreys,Holmes, Sharkey, Yazoo, Issaquena, Warren, Claiborne,
Jefferson,Adams, and Wilkinson Counties; in Louisiana, all the areas
north of aline drawn from the east bank of the Mississippi River at
theLouisiana-Mississippi border, thence south along the east bank to
mile303.0, thence west to the west bank at mile 303.0, thence north to
thesouthern boundary of the Old River Lock Structure, thence west
alongthe southern bank of the Lower Old River, to the intersection with
theRed River, thence west and northwest along the southern bank of
theRed River to the northern-most boundary of Red River Parish,
thencewest along the northern boundary of Red River Parish and DeSoto
Parishto the Texas-Louisiana Border, including Lasalle, Caldwell,
Caddo,Bossier, Webster, Claiborne, Union, Morehouse, West Carroll,
EastCarroll, Madison, Richland, Ouachita, Lincoln, Jackson,
Bienville,Winn, Grant, Franklin, Tensas, Catahoula, and Concordia
Parishes;those parts of Avoyelles, Natchitoches, Rapides, and Red
RiverParishes north of the Red River, and that part of West
FelicianaParish north of the Lower Old River; that part of the
LowerMississippi River below mile 869.0 and above mile 303; and all of
theRed River below the Arkansas-Oklahoma border.
[USCG-2006-25556, 72 FR 36324, July 2, 2007]
Sec. 3.40-65 Sector Ohio Valley Marine Inspection Zone and Captain of the PortZone; Marine Safety Unit Pittsburgh.
Sector Ohio Valley's office is located in Louisville, KY.
Asubordinate unit, Marine Safety Unit (MSU) Pittsburgh, is located
inPittsburgh, PA.
(a) Sector Ohio Valley's Marine Inspection Zone and Captain of
thePort Zone comprise all of Kentucky and West Virginia; in
Missouri:Perry, Cape Girardeau, Scott, Mississippi and New Madrid
Counties; inTennessee: that portion of Lake County north and west of a
line drawnfrom the Mississippi River at latitude 36[deg]20[min]00[sec] N
andlongitude 89[deg]32[min]30[sec] W due east to Highway 78,
thencenortheast along Highway 78 to the Kentucky-Tennessee state line,
andall other counties in Tennessee except Shelby, Tipton,
Lauderdale,Dyer and Obion Counties; in Alabama: Colbert, Franklin,
Lawrence,Morgan, Marshall, Lauderdale, Limestone, Madison, Jackson and
DeKalbCounties; in Mississippi: Alcorn, Prentiss and Tishomingo
Counties;that portion of Pennsylvania south of
latitude41[deg]00[min]00[sec] N and west of
longitude79[deg]00[min]00[sec] W; those parts of Indiana and Ohio south
oflatitude 41[deg]00[min]00[sec] N; in Illinois: Jackson,
Williamson,Saline, Gallatin, Union, Johnson, Pope, Hardin, Alexander,
Pulaski,and Massac Counties, and in Randolph County, that part of the
UpperMississippi River below mile 109.9, including both banks; and
thatpart of the Lower Mississippi River above mile 869.0 ; and
inaddition, all the area described in paragraph (b) of this section.
(b) The boundaries of the MSU Pittsburgh Marine Inspection
andCaptain of the Port Zones include that portion of Pennsylvania
southof latitude 41[deg]00[min]00[sec] N and west of longitude
[[Page 48]]
79[deg]00[min]00[sec] W; in West Virginia: Preston, Monongalia,Marion,
Marshall, Ohio, Brooke, and Hancock Counties, and that part ofthe Ohio
River north of a line drawn from latitude39[deg]39[min]18[sec] N
(approximately mile 127.2) on the OhioRiver, just below the Hannibal
Lock and Dam; and in Ohio: Stark,Columbiana, Tuscarawas, Carroll,
Harrison, Jefferson, and BelmontCounties, and those parts of Summit,
Portage, and Mahoning Countiessouth of latitude 41[deg]00[min]00[sec]N.
[USCG-2006-25556, 72 FR 36324, July 2, 2007]
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 Yorknorth
of latitude 42[deg] N. and west of longitude 74[deg]39[min]W.;
Pennsylvania north of latitude 41[deg] and west of
longitude78[deg]55[min] W.; that part of Ohio and Indiana north of
latitude41[deg] N.; that part of Illinois north of latitude 41[deg] N.
andeast of longitude 90[deg] W.; Wisconsin, except that part south
oflatitude 46[deg]20[min] N. and west of longitude 90[deg] W.; andthat
part of Minnesota north of latitude 46[deg]20[min] N.
[CGFR 61-40, 26 FR 10350, Nov. 3, 1961, as amended byCGFR 71-85, 36 FR
16577, Aug. 24, 1971]
Sec. 3.45-10 Sector Buffalo Marine Inspection Zone and Captain of the PortZone.
Sector Buffalo's office is located in Buffalo, NY. The boundariesof
Sector Buffalo's Marine Inspection Zone and Captain of the PortZone
include all navigable waters of the United States and contiguousland
areas within the boundaries of an area starting from a point onthe
international boundary in Lake Erie at latitude42[deg]19[min]24[sec] N,
longitude 80[deg]31[min]10[sec] W,proceeding southwest along the
international boundary to a point atlatitude 41[deg]40[min]36[sec] N,
longitude82[deg]25[min]00[sec] W; thence south to
latitude41[deg]00[min]00[sec] N; thence east to
longitude78[deg]54[min]58[sec] W; thence north to
latitude42[deg]00[min]00[sec] N; thence east to the east bank of
theDelaware River at latitude 42[deg]00[min]00[sec] N,
longitude75[deg]21[min]28[sec] W; thence east to
longitude74[deg]39[min]00[sec] W; thence north to the international
boundaryat a point at latitude 44[deg]59[min]58[sec] N,
longitude74[deg]39[min]00[sec] W; thence southeast along the
internationalboundary to the starting point.
[USCG-2006-25556, 72 FR 36324, July 2, 2007]
Sec. 3.45-15 Sector Lake Michigan Marine Inspection Zone and Captain of thePort Zone.
Sector Lake Michigan's office is located in Milwaukee, WI.
Theboundaries of Sector Lake Michigan's Marine Inspection Zone
andCaptain of the Port Zone include all navigable waters of the
UnitedStates and contiguous land areas within the boundaries of an
areastarting from a point at latitude 44[deg]43[min]00[sec] N,longitude
84[deg]30[min]00[sec] W, proceeding northwest to a pointnear the eastern
shore of Lake Michigan at latitude45[deg]38[min]00[sec] N, longitude
85[deg]04[min]13[sec] W;thence northwest to latitude
45[deg]50[min]00[sec] N, longitude85[deg]43[min]00[sec] W; thence
southwest to latitude45[deg]41[min]00[sec] N, longitude
86[deg]06[min]00[sec] W;thence northwest to latitude
46[deg]20[min]00[sec] N, longitude87[deg]22[min]00[sec] W; thence west
to latitude46[deg]20[min]00[sec] N, longitude 90[deg]00[min]00[sec]
W;thence south to latitude 41[deg]00[min]00[sec] N; thence east tothe
Ohio-Indiana border at latitude 41[deg]00[min]00[sec] N,longitude
84[deg]48[min]12[sec] W; thence north along the Ohio-Indiana border to
the intersection of the Ohio-Indiana-Michigan borderat latitude
41[deg]41[min]59[sec] N, longitude84[deg]48[min]22[sec] W; thence east
along the Ohio-Michigan borderto latitude 41[deg]42[min]13[sec] N,
longitude84[deg]30[min]00[sec] W; thence north to the start point.
[USCG-2006-25556, 72 FR 36324, July 2, 2007]
Sec. 3.45-20 Sector Detroit Marine Inspection Zone and Captain of the PortZone.
Sector Detroit's office is located in Detroit, MI. The boundariesof
Sector Detroit's Marine Inspection Zone and Captain of the PortZone
include all navigable waters of the United States and contiguousland
areas within the boundaries of an area starting from a point atlatitude
41[deg]00[min]00[sec] N, longitude84[deg]48[min]12[sec] W on the Ohio-
Indiana boundary, proceedingeast to longitude
[[Page 49]]
82[deg]25[min]00[sec] W; thence north to theinternational boundary in
Lake Erie at latitude41[deg]40[min]36[sec] N, longitude
82[deg]25[min]00[sec] W;thence north along the international boundary to
latitude45[deg]35[min]00[sec] N, longitude 83[deg]03[min]56[sec]
W;thence southwest to a point near the shore of western Lake Huron
atlatitude 45[deg]17[min]30[sec] N, longitude83[deg]25[min]23[sec] W;
thence southwest to latitude44[deg]43[min]00[sec] N, longitude
84[deg]30[min]00[sec] W;thence south to the Michigan-Ohio boundary at
latitude41[deg]42[min]13[sec] N; thence west along the Michigan-
Ohioboundary to the Ohio-Michigan-Indiana boundary at
latitude41[deg]41[min]46[sec] N, longitude 84[deg]48[min]22[sec]
W;thence south along the Ohio-Indiana boundary to the starting point.
[USCG-2006-25556, 72 FR 36325, July 2, 2007]
Sec. 3.45-45 Sector Sault Ste. Marie Marine Inspection Zone and Captain of thePort Zone; Marine Safety Unit Duluth.
Sector Sault Ste. Marie's office is located in Sault Ste. Marie,MI.
A subordinate unit, Marine Safety Unit (MSU) Duluth, is located
inDuluth, MN.
(a) Sector Sault Ste. Marie's Marine Inspection Zone and Captainof
the Port Zone comprise all navigable waters of the United Statesand
contiguous land areas within an area starting from a point atlatitude
45[deg]35[min]00[sec] N, longitude83[deg]03[min]56[sec] W on the
international boundary, proceedingsouthwest to a point near the shore of
western Lake Huron at latitude45[deg]17[min]30[sec] N, longitude
83[deg]25[min]23[sec] W;thence southwest to latitude
44[deg]43[min]00[sec] N, longitude84[deg]30[min]00[sec] W; thence
northwest to a point near theeastern shore of Lake Michigan at latitude
45[deg]38[min]00[sec] N,longitude 85[deg]04[min]13[sec] W; thence
northwest to latitude45[deg]50[min]00[sec] N, longitude
85[deg]43[min]00[sec] W;thence southwest to latitude
45[deg]41[min]00[sec] N, longitude86[deg]06[min]00[sec] W; thence
northwest to latitude46[deg]20[min]00[sec] N, longitude
87[deg]22[min]00[sec] W;thence west to latitude 46[deg]20[min]00[sec] N,
longitude88[deg]30[min]00[sec] W; thence west to the Minnesota-North
Dakotaboundary at latitude 46[deg]20[min]00[sec] N,
longitude96[deg]36[min]30[sec] W; thence north along the Minnesota-
NorthDakota boundary to the intersection of the Minnesota-North
Dakotaboundary and the international boundary at
latitude49[deg]00[min]02[sec] N, longitude 97[deg]13[min]46[sec]
W;thence east along the EEZ to the starting point; and in addition,
allthe area described in paragraph (b) of this section.
(b) The boundaries of the MSU Duluth Marine Inspection and Captainof
the Port Zones comprise all navigable waters of the United Statesand
contiguous land areas within an area starting at a point
latitude46[deg]20[min]00[sec] N, longitude 88[deg]30[min]00[sec]
W,proceeding west to the Minnesota-North Dakota boundary at
latitude46[deg]20[min]00[sec] N, longitude 96[deg]36[min]30[sec]
W;thence north along the Minnesota-North Dakota boundary to
theintersection of the Minnesota-North Dakota boundary and
theinternational boundary at latitude 49[deg]00[min]02[sec] N,longitude
97[deg]13[min]46[sec] W; thence east along theinternational boundary to
a point at latitude 47[deg]59[min]23[sec]N, longitude
87[deg]35[min]10[sec] W; thence south to a point nearManitou Island
Light at latitude 47[deg]25[min]09[sec] N,
longitude87[deg]35[min]10[sec] W; thence southwest to a point near the
shoreof Lake Superior at latitude 46[deg]51[min]51[sec] N,
longitude87[deg]45[min]00[sec] W; thence southwest to the point of
origin.
[USCG-2006-25556, 72 FR 36325, July 2, 2007]
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 fromthe
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 betweenGuatemala 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 byCGD 87-008, 52 FR
13084, Apr. 21, 1987; CGD 96-025, 61FR 29959, June 13, 1996]
Sec. 3.55-10 Sector Los Angeles-Long Beach Marine Inspection Zone and Captainof the Port Zone.
Sector Los Angeles-Long Beach's (LA-LB) office is locatedin San
Pedro, CA. The boundaries of Sector LA-LB's MarineInspection Zone and
Captain of the Port Zone start at a point near theintersection of
Monterey County and
[[Page 50]]
San Luis Obispo County and theCalifornia coast at latitude
35[deg]47[min]43[sec] N, longitude121[deg]20[min]51[sec] W, proceeding
southwest to the outermostextent of the EEZ at latitude
34[deg]05[min]05[sec] N, longitude124[deg]56[min]43[sec] W; thence south
along the outermost extentof the EEZ to latitude 32[deg]01[min]17[sec]
N, longitude123[deg]37[min]22[sec] W; thence northeast to the
intersection ofOrange County and San Diego County and the California
coast atlatitude 33[deg]23[min]12[sec] N,
longitude117[deg]35[min]45[sec] W; thence including all of Orange
County,Riverside County, Ventura County, Los Angeles County, San
BernardinoCounty, Santa Barbara County, Kern County, and San Luis Obispo
Countyin California.
[USCG-2006-25556, 72 FR 36325, July 2, 2007]
Sec. 3.55-15 Sector San Diego Marine Inspection Zone and Captain of the PortZone.
Sector San Diego's office is located in San Diego, CA. Theboundaries
of Sector San Diego's Marine Inspection Zone and Captain ofthe Port Zone
start at a point near the intersection of Orange Countyand San Diego
County and the coast at latitude33[deg]23[min]12[sec] N, longitude
117[deg]35[min]45[sec] W,proceeding southwest to the outermost extent of
the EEZ at latitude32[deg]01[min]17[sec] N, longitude
123[deg]37[min]22[sec] W;thence south along the outermost extent of the
EEZ to the intersectionof the maritime boundary with Mexico at
latitude30[deg]32[min]31[sec] N, longitude 121[deg]51[min]58[sec]
W;thence east along the maritime boundary with Mexico to itsintersection
with the California coast at latitude32[deg]32[min]03[sec] N, longitude
117[deg]07[min]29[sec] W;thence including Imperial County and San Diego
County in California;all of Arizona; Washington, Kane, San Juan, and
Garfield Counties inUtah; and Clark County in Nevada.
[USCG-2006-25556, 72 FR 36325, July 2, 2007]
Sec. 3.55-20 Sector San Francisco: San Francisco Bay Marine Inspection Zone andCaptain of the Port Zone.
The Sector San Francisco office is located in San Francisco, CA.The
boundaries of Sector San Francisco's San Francisco Bay MarineInspection
and Captain of the Port Zones comprise the land masses andwaters 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 watersand islands
contained therein of the EEZ bounded on the north by thenorthern
boundary of the Eleventh Coast Guard District, which isdescribed in
Sec. 3.55-1; and on the south by a linebearing 240 [deg]T from the
intersection of the Monterey-San LuisObispo Count lines (approximately
35[deg]47.5[min]00[sec] Nlatitude) and the California coast to the
outermost extent of the EEZ;and on the west by the outermost extent of
the EEZ.
[USCG-2006-25556, 72 FR 36326, July 2, 2007]
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 fromCalifornia-Oregon state line westerly to latitude 40[deg]
N.longitude, 150[deg] W., thence northeasterly to latitude54[deg]40[min]
N., longitude 140[deg] W., thence due east to theCanadian coast.
[CGFR 61-40, 26 FR 10352, Nov. 3, 1961]
Sec. 3.65-10 Sector Seattle: Puget Sound Marine Inspection Zone and Captain ofthe Port Zone.
Sector Seattle's office is located in Seattle, WA. The boundariesof
Sector Seattle's Puget Sound Marine Inspection and Captain of thePort
Zones start at latitude 48[deg]29[min]35[sec] N,
longitude124[deg]43[min]45[sec] W, proceeding along the Canadian border
eastto the Montana-North Dakota boundary; thence south along this
boundaryto the Wyoming state line; thence west and south along the
Montana-Wyoming boundary to the Idaho state line; thence northwest along
theMontana-Idaho boundary to latitude 46[deg]55[min]00[sec] N;
thencewest along latitude 46[deg]55[min]00[sec] N to
longitude123[deg]18[min]00[sec] W; thence north to a point
latitude47[deg]32[min]00[sec] N, longitude 123[deg]18[min]00[sec]
W;thence west along latitude 47[deg]32[min]00[sec] N to the
outermostextent of the EEZ; thence northeast along the outermost
[[Page 51]]
extent ofthe EEZ to the Canadian border; thence east along the Canadian
borderto the point of origin.
[USCG-2006-25556, 72 FR 36326, July 2, 2007]
Sec. 3.65-15 Sector Portland Marine Inspection Zone and Captain of the PortZone.
Sector Portland's office is located in Portland, OR. Theboundaries
of Sector Portland's Marine Inspection and Captain of thePort Zones
start at the Washington coast at latitude47[deg]32[min]00[sec] N,
longitude 124[deg]21[min]15[sec] W,proceeding along this latitude east
to latitude47[deg]32[min]00[sec] N, longitude 123[deg]18[min]00[sec]
W;thence south to latitude 46[deg]55[min]00[sec] N,
longitude123[deg]18[min]00[sec] W; thence east along this latitude to
theeastern Idaho state line; thence southeast along the Idaho state
lineto the intersection of the Idaho-Wyoming boundary; thence south
alongthe Idaho-Wyoming boundary to the intersection of the Idaho-Utah-
Wyoming boundaries; thence west along the southern border of Idaho
toOregon and then west along the southern border of Oregon to the
coastat latitude 41[deg]59[min]54[sec] N,
longitude124[deg]12[min]42[sec] W; thence west along the southern
boundaryof the Thirteenth Coast Guard District, which is described
inSec. 3.65-10, to the outermost extent of the EEZ atlatitude
41[deg]38[min]35[sec] N, 128[deg]51[min]26[sec] W;thence north along the
outermost extent of the EEZ to latitude47[deg]32[min]00[sec] N; thence
east to the point of origin.
[USCG-2006-25556, 72 FR 36326, July 2, 2007]
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 Stateof
Hawaii; and the Pacific Islands belonging to the United Statessouth of
latitude 40[deg] N., and west of a line running from40[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 duesouth to latitude 40[deg] N.; thence
due east to longitude 150[deg]W.; thence southeasterly through latitude
5[deg] S., longitude110[deg] W.
[CGFR 61-40, 26 FR 10352, Nov. 3, 1961, as amended byCGFR 70-150, 36 FR
912, Jan. 20, 1971]
Sec. 3.70-10 Sector Honolulu Marine Inspection Zone and Captain of the PortZone.
Sector Honolulu's office is located in Honolulu, HI. Theboundaries
of Sector Honolulu's Marine Inspection Zone coincide withthe boundaries
of the Fourteenth Coast Guard District, which aredescribed in Sec.
3.70-1, excluding those areaswithin the Guam Marine Inspection Zone as
described inSec. 3.70-15, and excluding those areas within theMarine
Inspection Zone East Asia, described as including Asia, DiegoGarcia in
the Indian Ocean, and the Malay Archipelago, but excludingthe
Philippines. The Honolulu Captain of the Port Zone comprises theState of
Hawaii, including all the islands and atolls of the Hawaiianchain and
the adjacent waters of the EEZ; and the following islandsand their
adjacent waters of the EEZ: American Samoa, Johnston Atoll,Palmyra
Atoll, Kingman Reef, Wake Island, Jarvis Island, Howland andBaker
Islands, and Midway Island.
[USCG-2006-25556, 72 FR 36326, July 2, 2007]
Sec. 3.70-15 Sector Guam Marine Inspection Zone and Captain of the Port Zone.
Sector Guam's office is located on Victor Wharf, U.S. Naval
Base,Guam. The boundaries of Sector Guam's Marine Inspection Zone
andCaptain of the Port Zone comprise the Territory of Guam and
theadjacent waters of the EEZ, and the Commonwealth of the
NorthernMariana Islands and the adjacent waters of the EEZ.
[USCG-2006-25556, 72 FR 36326, July 2, 2007]
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 Stateof
Alaska; the ocean area bounded by a line
[[Page 52]]
from the CanadianCoast at latitude 54[deg]40[min] N. due west to
longitude 140[deg]W.; thence southwesterly to position 40[deg] N.,
150[deg] W.; thencedue west to position 40[deg] N., 165[deg] E.; thence
due north tolatitude 43[deg] N.; thence northwesterly to 51[deg] N.,
158[deg]E.; thence north and east along the coastline of the continent
of Asiato East Cape; thence north to the Arctic Ocean.
[CGFR 61-40, 26 FR 10353, Nov. 3, 1961, as amended byCGFR 70-150, 36 FR
912, Jan. 20, 1971]
Sec. 3.85-10 Sector Juneau: Southeast Alaska Marine Inspection Zone and Captainof the Port Zones.
Sector Juneau's office is located in Juneau, AK. The boundaries
ofSector Juneau's Southeast Alaska Marine Inspection and Captain of
thePort Zones start at latitude 60[deg]01[min]18[sec] N,
longitude142[deg]00[min]00[sec] W, proceeding northeast to the EEZ near
theCanadian border at latitude 60[deg]18[min]24[sec] N,
longitude141[deg]00[min]00[sec] W; thence south and east along the EEZ
onthe United States-Canadian shore side boundary to the intersection
ofthe Canadian coast and the Coast Guard District Seventeen
southernborder at latitude 54[deg]40[min]00[sec] N,
longitude131[deg]15[min]06[sec] W; thence west along the southern border
ofCoast Guard District Seventeen to the intersection with the
outermostextent of the EEZ at latitude 54[deg]38[min]11[sec] N,
longitude140[deg]01[min]26[sec] W; thence north along the outermost
extentof the EEZ to latitude 56[deg]14[min]50[sec] N,
longitude142[deg]00[min]00[sec] W; thence north to the point of origin.
[USCG-2006-25556, 72 FR 36326, July 2, 2007]
Sec. 3.85-15 Sector Anchorage: Western Alaska Marine Inspection Zone andCaptain of the Port Zones; Marine Safety Unit Valdez: Prince WilliamSound Marine
Inspection and Captain of the Port Zones.
Sector Anchorage's office is located in Anchorage, AK. Asubordinate
unit, Marine Safety Unit (MSU) Valdez, is located inValdez, AK.
(a) Sector Anchorage's Western Alaska Marine Inspection andCaptain
of the Port Zones start near the Canadian border on the EEZ atlatitude
60[deg]18[min]24[sec] N, longitude141[deg]00[min]00[sec] W, proceeding
southwest to latitude60[deg]01[min]18[sec] N, longitude
142[deg]00[min]00[sec] W;thence south to the outermost extent of the EEZ
at latitude56[deg]14[min]50[sec] N, longitude 142[deg]00[min]00[sec]
W;thence southwest along the outermost extent of the EEZ to
latitude51[deg]22[min]15[sec] N, longitude 167[deg]38[min]28[sec]E;
thence northeast along the outermost extent of the EEZ to
latitude65[deg]30[min]00[sec] N, longitude 168[deg]58[min]37[sec]
W;thence north along the outermost extent of the EEZ to
latitude72[deg]46[min]29[sec] N, longitude 168[deg]58[min]37[sec]
W;thence northeast along the outermost extent of the EEZ to
latitude74[deg]42[min]35[sec] N, longitude 156[deg]28[min]30[sec]
W;thence southeast along the outermost extent of the EEZ to
latitude72[deg]56[min]49[sec] N, longitude 137[deg]34[min]08[sec]
W;thence south along the outermost extent of the EEZ to the coast
nearthe Canadian border at latitude 69[deg]38[min]48.88[sec] N,longitude
140[deg]59[min]52.7[sec] W; thence south along the UnitedStates-Canadian
boundary to the point of origin; and in addition, allthe area described
in paragraph (b) of this section.
(b) The boundaries of MSU Valdez's Prince William Sound
MarineInspection and Captain of the Port Zones start at Cape Puget
atlatitude 59[deg]56[min]04[sec] N, longitude148[deg]26[min]00[sec] W,
proceeding north to latitude61[deg]30[min]00[sec] N, longitude
148[deg]26[min]00[sec] W;thence east to the United States-Canadian
boundary at latitude61[deg]30[min]00[sec] N, longitude
141[deg]00[min]00[sec] W;thence south along the United States-Canadian
boundary to latitude60[deg]18[min]24[sec] N, longitude
141[deg]00[min]00[sec] W;thence southwest to the sea at latitude
60[deg]01[min]18[sec] N,longitude 142[deg]00[min]00[sec] W; thence south
to the outermostextent of the EEZ at latitude 56[deg]14[min]50[sec] N,
longitude142[deg]00[min]00[sec] W; thence along the outermost boundary
ofthe EEZ to latitude 54[deg]49[min]26[sec] N,
longitude148[deg]26[min]00[sec] W; thence north to the point of origin.
[USCG-2006-25556, 72 FR 36326, July 2, 2007, asamended by USCG-2008-
0073, 73 FR 15080, Mar. 21, 2008]
PART 4_OMB CONTROL NUMBERS ASSIGNED PURSUANT TOTHE PAPERWORK REDUCTION ACT--Table of Contents
Sec.
4.01 Purpose.
4.02 Display.
Authority: 44 U.S.C. 3507; Department of HomelandSecurity Delegation
No. 0170.1.
[[Page 53]]
Sec. 4.01 Purpose.
This part collects and displays the control numbers assigned
toinformation collection requirements of the Coast Guard by the Officeof
Management and Budget pursuant to the Paperwork Reduction Act of1980,
(Pub. L. 96-511, 44 U.S.C. 3501 et seq.). The Coast Guardintends that
this subpart comply with the requirements of section3507(f) of the
Paperwork Reduction Act, which requires that agenciesdisplay a current
control number assigned by the Director of theOffice of Management and
Budget (``OMB'') for each agencyinformation 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]
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.
[[Page 54]]
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, orradio
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 of1941, as
amended, and recodified by Act of August 4, 1949, as 14U.S.C. 821
through 832.
(b) Auxiliary means the United States Coast Guard
Auxiliaryestablished pursuant to the Act.
(c) Commandant means the Commandant of the United StatesCoast Guard.
(d) Member means any person who is a member of theAuxiliary.
(e) Vessel means a motorboat or yacht.
(f) Motorboat means any documented or numbered vesselpropelled by
machinery, not more than 65 feet in length measured endto end over the
deck excluding sheer.
(g) Yacht means either (1) any documented or numbered vesselused
exclusively for pleasure, or (2) any sailboat used exclusivelyfor
pleasure over 16 feet in length measured from end to end over thedeck
excluding sheer.
(h) Radio station means any equipment (including a buildingwhich
houses such equipment) the use of which to transmitcommunications by
radio is authorized pursuant to law.
(i) Aircraft means any contrivance now known or hereafterinvented,
used or designed for navigation of or flight in the air.
(j) Secretary means the Secretary of Homeland Security whenthe Coast
Guard operates in the Department of Homeland Security or theSecretary of
the Navy when the Coast Guard operates as part of theNavy.
(k) Facility or facilities means a vessel, aircraft,and/or radio
station.
[CGFR 48-64, 13 FR 8393, Dec. 28, 1948, as amended byCGFR 59-58, 24 FR
10717, Dec. 25, 1959; CGD 96-026, 61FR 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
seasand on navigable waters.
(b) Promote efficiency in the operation of motorboats and yachts.
(c) Foster a wider knowledge of, and better compliance with,
thelaws, rules, and regulations governing the operation of motorboats
andyachts.
(d) Facilitate other operations of the Coast Guard.
Sec. 5.05 Organization.
The Auxiliary is a nonmilitary organization administered by
theCommandant, under the direction of the Secretary.
Sec. 5.07 Administration.
Any authority vested in the Commandant by this part may bedelegated
by him to such personnel of the Coast Guard, in such mannerand to such
extent, as he deems necessary or appropriate for thefunctioning,
organization, and internal administration of theAuxiliary.
Sec. 5.09 Eligibility for membership.
To be eligible for membership in the Auxiliary, a person (male
orfemale) must be over 17 years of age; a citizen of the United Statesor
of its Territories and possessions; and either own
[[Page 55]]
not lessthan a twenty-five percent interest in a motorboat, yacht,
aircraft,or radio station; or have had such special training or
experience asto qualify him in the opinion of the Commandant, for duty
in theAuxiliary.
[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
orcommissioned in the Coast Guard Reserve. Membership in the Auxiliaryis
not a bar to membership in any other naval or militaryorganization.
Sec. 5.13 Application for membership.
Application for membership in the Auxiliary shall be made on
theprescribed form which may be obtained from the Commander of the
CoastGuard district in which located. Membership is based on the needs
ofthe Auxiliary and will necessarily vary in the various Coast
Guarddistricts.
[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 inthe
Auxiliary and shall be issued a membership certificate andidentification
card. Mere ownership of such a certificate or cardshall not entitle a
member of the Auxiliary to be vested with orexercise any right,
privilege, power, or duty vested in or imposedupon 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;
uponceasing to possess the qualifications for membership; for cause;
upondirection 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
pursuecorrespondence courses conducted by the Coast Guard Institute at
costwhen the furnishing of such courses does not interfere with
otherregular 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
theCommandant considers necessary for the administration and operation
ofthe Auxiliary.
Sec. 5.23 Advancement.
The Commandant shall prescribe the circumstances andqualifications
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
theAuxiliary. An honorary member of the Auxiliary, solely by reason
ofsuch honorary membership, shall not be entitled to any of the
rights,benefits, privileges, duties, or obligations of regular members
of theAuxiliary.
Sec. 5.27 Assignment to specific duties.
Members of the Auxiliary shall not be assigned to specific
dutiesuntil they have been found, after appropriate training
andexamination, to be competent to perform such duties.
Sec. 5.29 Assignment to duty on a motorboat, yacht, aircraft, or radiostation.
No member of the Auxiliary shall be placed in charge of amotorboat,
yacht, aircraft, or radio station assigned to Coast Guardduty unless he
has been specifically designated by authority of theCommandant to
perform such duty.
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
samepower and authority, in execution of such duties, as members of
theregular Coast Guard assigned to similar duties.
[[Page 56]]
Sec. 5.33 Training, examination, and assignment.
The Commandant will prescribe the type of training,
qualificationsand examinations required before a member of the Auxiliary
shall bedeemed qualified to perform certain duties, and will prescribe
thecircumstances and manner in which certain members of the
Auxiliaryshall 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 carryingout
its functions and duties as authorized by the Secretary anymotorboat,
yacht, aircraft, or radio station placed at its dispositionfor any of
such purposes by any member of the Auxiliary, by anycorporation,
partnership, or association, or by any State or politicalsubdivision
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 theAct and
the regulations in this part, shall communicate with theCommander of the
Coast Guard district in which located indicating insuch 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
theCoast Guard until an acceptance, on the prescribed form, has
beensigned on behalf of the Coast Guard by a person authorized by
theCommandant to sign such acceptance and a complete inventory
ofconsumable and expendable stores and equipment has been made
andmutually settled by the owner and the representative of the
CoastGuard.
[CGFR 59-58, 24 FR 10717, Dec. 25, 1959]
Sec. 5.41 Emergencies.
In an emergency, as declared by the Commandant, the offer of
avessel, aircraft, or radio station may be made without the use of
theprescribed form, and such facility may be accepted on behalf of
theCoast Guard without the use of the acceptance section of the
aboveform 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 vesselof
the United States, and within the meaning of section 827 of title14,
U.S. Code, shall be deemed to be a vessel of the United StatesCoast
Guard.
(b) Any aircraft shall be deemed to be a vessel of the UnitedStates
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; 49U.S.C. 1301).
(c) Any radio station shall be deemed to be a radio station of
theUnited 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
theCoast Guard for a specific period, shall be returned at the
expirationof such period, unless circumstances or emergent need make the
returnimpracticable at that time. The Commandant will determine the
method,time, and documents to be exchanged upon the return to the owner
ofany facility. The property shall be reinventoried as of the time,
dateand place of redelivery, and mutually settled by the owner and
therepresentative of the Coast Guard. Should the vessel have
beenaccepted under emergent conditions, any claim for lost equipment
orstores must be supported by invoices showing the date of purchase
andthe cost thereof by the person submitting claim therefor.
Therepresentative of the Coast Guard shall
[[Page 57]]
take all properprecautions to protect the interest of the owner as well
as that ofthe 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
circumstancesas may be authorized by the Commandant. The penalty for
theunauthorized flying of any ensign, flag or pennant of the Auxiliary
isset forth in Sec. 5.67 of this part.
(b) The field of the Auxiliary ensign is medium blue (Coast
Guardblue) with a broad diagonal white slash upon which a matching
blueCoast Guard Auxiliary emblem is centered. The white slash shall be
ata 70 degree angle, rising away from the hoist.
(c) The Auxiliary emblem consists of a disk with the shield of
theCoat of Arms of the United States circumscribed by an annulet
edgedand inscribed ``U.S. COAST GUARD AUXILIARY'' all in frontof 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 tobe
flown on all Auxiliary Operational Facility vessels under orders.The
penalty for the unauthorized flying of any ensign, flag or pennantof the
Auxiliary is set forth in Sec. 5.67 of this part.
(b) The field of the Auxiliary Patrol Boat ensign is white. Amedium
blue (Coast Guard blue) Coast Guard Auxiliary emblem iscentered on a
broad diagonal red (Coast Guard red) slash which is at a70 degree angle,
rising toward the hoist. The red (Coast Guard red)slash is followed,
away from the hoist, by two narrow, parallelstripes, first a white
stripe and then a medium blue (Coast Guardblue) 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
theCoast Guard may be reimbursed for the actual necessary expenses
ofoperating that facility, in accordance with applicable statutes andthe
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
hisservices as a member of the Auxiliary.
Sec. 5.57 Traveling expenses and per diem.
A member of the Auxiliary, when assigned to specific duties, maybe
paid actual necessary traveling expenses, including a per diemallowance,
in conformity with Comptroller's Manual, U.S. Coast Guard.
[CGFR 49-46, 14 FR 7528, Dec. 16, 1949, as amended byCGFR 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 asa
result of physical injury incurred while performing patrol duty orany
other specific duty to which he has been assigned, such member orhis
beneficiary shall be entitled to the same benefits as are now oras may
hereafter be provided for temporary members of the Coast GuardReserve
who suffer physical injury or death resulting from physicalinjury
incurred in line of duty. Members of the Auxiliary who contractsickness
or disease while performing patrol duty or any other specificduty to
which they have been assigned shall be entitled to the samehospital
treatment as is afforded members of the Regular Coast Guard.
Sec. 5.61 Uniforms.
Members of the Auxiliary may purchase from the Coast Guard atactual
cost such uniforms as may be authorized by the Secretary. Suchuniforms
may be worn by members of the Auxiliary under suchcircumstances and upon
such occasions as may be authorized by theCommandant.
Sec. 5.63 Insignia.
Insignia, as authorized by the Secretary, may be purchased fromthe
[[Page 58]]
Coast Guard at actual cost and may be worn by members of theAuxiliary
under such circumstances, at such places, and upon suchoccasions as may
be prescribed by the Commandant.
Sec. 5.65 Medals.
The Commandant may make awards, including medals, to members ofthe
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 Reserveshall
be entitled only to such rights, privileges, and benefits as
arespecifically set forth for them in this title or as may
bespecifically provided for them in any other Act of Congress. Any Actof
Congress which grants rights, privileges, or benefits generally
tomilitary personnel, or among others, to personnel of the Coast
Guardand the Coast Guard Reserve, without specifically granting
suchrights, privileges, or benefits to members of the Auxiliary
ortemporary members of the Reserve, shall not be deemed applicable
tomembers 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 orthings to vessels, or
waterfront facilities.
6.04-6 Establishing security zones; prohibitions withrespect 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 FromVessels and
Waterfront Facilities
6.10-1 Issuance of documents and employment ofpersons 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 OtherDangerous
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 Vesselsin Port
6.14-1 Safety measures.
6.14-2 Condition of waterfront facility a danger tovessel.
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 andWaterfront
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, unlessotherwise
noted.
Cross Reference: For regulations implementing thegeneral enforcement
provisions contained in Subparts6.01--Definitions and 6.04--General
Provisions, see part125 of this chapter.
Subpart 6.01_Definitions
Sec. 6.01-1 Commandant.
Commandant as used in this part, means the Commandant of theUnited
States Coast Guard.
Sec. 6.01-2 District Commander.
District Commander as used in this part, means the officerof the
Coast Guard designated by the Commandant to command a CoastGuard
District.
[[Page 59]]
Sec. 6.01-3 Captain of the Port.
Captain of the Port as used in this part, means the officerof the
Coast Guard, under the command of a District Commander, sodesignated by
the Commandant for the purpose of giving immediatedirection to Coast
Guard law enforcement activities within hisassigned area. In addition,
the District Commander shall be Captain ofthe Port with respect to
remaining areas in his District not assignedto 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,'' asused in this part,
means all piers, wharves, docks, or similarstructures to which vessels
may be secured and naval yards, stations,and installations, including
ranges; areas of land, water, or land andwater under and in immediate
proximity to them; buildings on them orcontiguous 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 ofthe Port for
such time as he deems necessary to prevent damage orinjury to any vessel
or waterfront facility, to safeguard ports,harbors, territories, or
waters of the United States or to secure theobservance 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 ofthe Coast
Guard designated by the Commandant to command a Coast GuardArea.
[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 bythe
Captain of the Port under the supervision and general direction ofthe
District Commander, Area Commander, and the Commandant. Allauthority and
power vested in the Captain of the Port by theregulations in this part
shall be deemed vested in and may beexercised by the District Commander,
Area Commander, and theCommandant.
(b) The rules and regulations in this part may be enforced by
anyother officer or petty officer of the Coast Guard designated by
theDistrict Commander, Area Commander, or the Commandant.
(c) Any authority or power under this part vested in, delegatedto,
or exercised by a member of the Coast Guard shall be subject tothe
direction of the Secretary of the Department in which the CoastGuard is
operating.
[EO 13273, 67 FR 56215, Sept. 3, 2002]
Sec. 6.04-5 Preventing access of persons, articles or things to vessels, orwaterfront facilities.
The Captain of the Port may prevent any person, article, or
thingfrom boarding or being taken or placed on board any vessel or
enteringor being taken into or upon or placed in or upon any
waterfrontfacility whenever it appears to him that such action is
necessary inorder to secure such vessel from damage or injury or to
prevent damageor injury to any vessel, or waterfront facility or waters
of theUnited States, or to secure the observances of rights and
obligationsof 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
theterms and conditions specified in Sec. 6.01-5. Noperson or vessel
shall enter a security zone without the permission ofthe Captain of the
Port. No person shall board or take or place anyarticle or thing on
board any vessel in a security zone without thepermission of the Captain
of the Port. No person shall take or placeany article or thing upon any
waterfront facility in any such zonewithout such permission.
[EO 11249, 30 FR 13001, Oct. 13, 1965]
[[Page 60]]
Sec. 6.04-7 Visitation, search, and removal.
The Captain of the Port may cause to be inspected and searched atany
time any vessel, waterfront facility, or security zone, or anyperson,
article, or thing thereon or therein, within the jurisdictionof the
United States, may place guards upon any such vessel,waterfront
facility, or security zone and may remove therefrom any andall persons,
articles, or things not specifically authorized by him togo 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 ofany
vessel and shall take full or partial possession or control of anyvessel
or any part thereof, within the territorial waters of theUnited States
under his jurisdiction, whenever it appears to him thatsuch action is
necessary in order to secure such vessel from damage orinjury, or to
prevent damage or injury to any vessel or waterfrontfacility or waters
of the United States, or to secure the observanceof 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
ofFederal, State, county, municipal, and private agencies to assist
inthe enforcement of regulations issued pursuant to this part.
Subpart 6.10_Identification and Exclusion of Persons FromVessels 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
amerchant vessel of the United States nor shall any person be employedon
a merchant vessel of the United States unless the Commandant issatisfied
that the character and habits of life of such person aresuch as to
authorize the belief that the presence of the individual onboard would
not be inimical to the security of the United States:Provided, That the
Commandant may designate categories ofmerchant 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
anyvessel or any waterfront facility within the jurisdiction of
theUnited States may be required to carry identification
credentialsissued by or otherwise satisfactory to the Commandant. The
Commandantmay define and designate those categories of vessels and areas
of thewaterfront wherein such credentials are required.
Sec. 6.10-7 Identification credentials.
The identification credential to be issued by the Commandant shallbe
known as the Coast Guard Port Security Card, and the form of
suchcredential, and the conditions and the manner of its issuance shall
beas prescribed by the Commandant after consultation with the
Secretaryof Labor. The Commandant shall not issue a Coast Guard Port
SecurityCard unless he is satisfied that the character and habits of
life ofthe applicant therefor are such as to authorize the belief that
thepresence of such individual on board a vessel or within a
waterfrontfacility would not be inimical to the security of the United
States.The Commandant shall revoke and require the surrender of a Coast
GuardPort Security Card when he is no longer satisfied that the holder
isentitled thereto. The Commandant may recognize for the same
purposesuch other credentials as he may designate in lieu of the Coast
GuardPort Security Card.
[EO 10277, 16 FR 7541, Aug. 2, 1951]
Sec. 6.10-9 Appeals.
Persons who are refused employment or who are refused the issuanceof
documents or who are required to surrender such documents, underthis
subpart, shall have the right of appeal, and the Commandant shallappoint
Boards for acting on such appeals. Each such Board shall, sofar as
practicable, be
[[Page 61]]
composed of one Coast Guard officer, onemember drawn from management,
and one member drawn from labor. Themembers drawn from management and
labor shall, upon suitable securityclearance, be nominated by the
Secretary of Labor. Such members shallbe deemed to be employees of the
United States and shall be entitledto compensation under the provisions
of section 15 of the act ofAugust 2, 1946 (5 U.S.C. 55a) while
performing duties incident to suchemployment. The Board shall consider
each appeal brought before itand, in recommending final action to the
Commandant, shall insure theappellant all fairness consistent with the
safeguarding of thenational security.
Subpart 6.12_Supervision and Control of Explosives or OtherDangerous
Cargo
Sec. 6.12-1 General supervision and control.
The Captain of the Port may supervise and control thetransportation,
handling, loading, discharging, stowage, or storage ofhazardous
materials on board vessels as covered by the regulations in49 CFR parts
170-189, 46 CFR parts 150-156, 46 CFR parts146-148 and the regulations
governing tank vessels (46 CFRparts 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 thehandling
and storage of, and for vessel loading and discharging,explosives,
inflammable or combustible liquids in bulk, or otherdangerous articles
or cargo covered by the regulations referred to inSec. 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 thesafeguarding of such waterfront facilities and
vessels as theCommandant may prescribe.
Subpart 6.14_Security of Waterfront Facilities and Vesselsin Port
Sec. 6.14-1 Safety measures.
The Commandant, in order to achieve the purposes of this part,
mayprescribe such conditions and restrictions relating to the safety
ofwaterfront facilities and vessels in port as he finds to be
necessaryunder existing circumstances. Such conditions and restrictions
mayextend, but shall not be limited to, the inspection,
operation,maintenance, guarding, and manning of, and fire-prevention
measuresfor, 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 anyvessel
to a wharf, dock, pier, or other waterfront structure wouldendanger such
vessel, or any other vessel, or the harbor or anyfacility therein by
reason of conditions existing on or about suchwharf, dock, pier, or
other waterfront structure, including, but notlimited to, inadequate
guard service, insufficient lighting, firehazards, inadequate fire
protection, unsafe machinery, internaldisturbance, or unsatisfactory
operation, the captain of the port mayprevent the mooring of any vessel
to such wharf, dock, pier, or otherwaterfront structure until the
unsatisfactory condition or conditionsso found are corrected, and he
may, for the same reasons, after anyvessel has been moored, compel the
shifting of such vessel from anysuch wharf, dock, pier, or other
waterfront structure.
[EO 10277, 16 FR 7541, Aug. 2, 1951]
Subpart 6.16_Sabotage and Subversive Activity
Sec. 6.16-1 Reporting of sabotage and subversive activity.
Evidence of sabotage or subversive activity involving orendangering
any vessel, harbor, port, or waterfront facility shall bereported
immediately to the Federal Bureau of Investigation
[[Page 62]]
and tothe 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
waterfrontfacility 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,
50U.S.C. 192, provides as follows:
If any owner, agent, master, officer, or person in charge, or
anymember of the crew of any such vessel fails to comply with
anyregulation or rule issued or order given under the provisions of
thistitle, or obstructs or interferes with the exercise of any
powerconferred by this title, the vessel, together with her
tackle,apparel, furniture, and equipment, shall be subject to seizure
andforfeiture to the United States in the same manner as merchandise
isforfeited for violation of the customs revenue laws; and the
personguilty of such failure, obstruction, or interference shall be
punishedby imprisonment for not more than ten years and may, in the
discretionof the court, be fined not more than $10,000.
(a) If any other person knowingly fails to comply with anyregulation
or rule issued or order given under the provisions of thistitle, or
knowingly obstructs or interferes with the exercise of anypower
conferred by this title, he shall be punished by imprisonmentfor 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 andWaterfront
Facilities
Sec. 6.19-1 Primary responsibility.
Nothing contained in this part shall be construed as relieving
themasters, owners, operators, and agents of vessels or other
waterfrontfacilities from their primary responsibility for the
protection andsecurity 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.
TheCoast Guard Reserve trains personnel for mobilization and
foraugmentation 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
ofthe regular Coast Guard during time of serious natural or man-
madedisaster under 14 U.S.C. 712; and
(3) Augmentation of the regular Coast Guard during active duty
orinactive duty for training.
(c) A member of the Reserve on active duty or inactive dutytraining
has the same authority, rights, and privileges in theperformance of that
duty as a member of the regular Coast Guard ofcorresponding grade or
rating.
[CGD 79-105, 48 FR 36449, Aug. 11, 1983, as amended byCGD 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 equippedunder
the direction of the Commandant.
(b) The Director of Reserve and Training is responsible for
theoverall administration and supervision of the Reserve.
(c) In Atlantic Area, Integrated Support Commands haveresponsibility
for local Reserve issues; however, in Pacific Area,responsibility for
local Reserve issues remains with DistrictCommanders.
[[Page 63]]
(d) Most Coast Guard Reservists are fully integrated intoactive duty
Coast Guard units. There, Reservists perform the sameduties and have the
same responsibilities as their active dutycounterparts. Their integrated
work prepares Reservists to perform theduties of their mobilization
assignments while at the same timeproviding assistance to the active
service. Some Reservists areassigned to dedicated Reserve units where
they train and mobilize insupport 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
theCommandant.
(b) Permanent regulations are published in Coast Guardpublications
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
areincluded in instructions or notices in the Coast Guard
directivessystem.
(d) Other regulations that affect the Reserve are located
inDepartment of Defense and Department of the Navy regulations in
Title32 of the Code of Federal Regulations.
[CGD 96-026, 61 FR 33662, June 28, 1996, as amended byCGD 97-023, 62 FR
33362, June 19, 1997]
Sec. 8.7 Information.
(a) Information concerning the Coast Guard Reserve may be
obtainedfrom Commandant (G-WTR), U.S. Coast Guard Headquarters,
Washington, DC20593-0001.
(b) Information and requirements for enlistment in the Coast
GuardReserve or concerning the procurement of officers for the Coast
GuardReserve can be obtained from the following offices:
(1) Any Coast Guard Recruiting Office.
(2) Coast Guard Recruiting Center, 4200 Wilson Boulevard, Suite450,
Arlington, VA 22203.
[CGD 96-026, 61 FR 33662, June 28, 1996]
PART 13_DECORATIONS, MEDALS, RIBBONS AND SIMILARDEVICES--Table of Contents
Subpart 13.01_Gold and Silver Lifesaving Medals, Bars, andMiniatures
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, andMiniatures
Sec. 13.01-1 General.
Lifesaving Medals of gold and silver, designated as the
GoldLifesaving Medal and the Silver Lifesaving Medal, respectively, may
beawarded by the Commandant, U.S. Coast Guard, hereinafter called
theCommandant, under 14 U.S.C. 500 and the regulations in this subpart
topersons rescuing or endeavoring to rescue any other person
fromdrowning, shipwreck or other peril of the water.