[Title 33 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2005 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
33
Parts 1 to 124
Revised as of July 1, 2005
Navigation and Navigable Waters
________________________
Containing a codification of documents of general
applicability and future effect
As of July 1, 2005
With Ancillaries
Published by
Office of the Federal Register
National Archives and Records
Administration
A Special Edition of the Federal Register
[[Page ii]]
U.S. GOVERNMENT OFFICIAL EDITION NOTICE
Legal Status and Use of Seals and Logos
The seal of the National Archives and Records Administration
(NARA) authenticates the Code of Federal Regulations (CFR) as
the official codification of Federal regulations established
under the Federal Register Act. Under the provisions of 44
U.S.C. 1507, the contents of the CFR, a special edition of the
Federal Register, shall be judicially noticed. The CFR is
prima facie evidence of the original documents published in
the Federal Register (44 U.S.C. 1510).
It is prohibited to use NARA's official seal and the stylized Code
of Federal Regulations logo on any republication of this
material without the express, written permission of the
Archivist of the United States or the Archivist's designee.
Any person using NARA's official seals and logos in a manner
inconsistent with the provisions of 36 CFR part 1200 is
subject to the penalties specified in 18 U.S.C. 506, 701, and
1017.
Use of ISBN Prefix
This is the Official U.S. Government edition of this publication
and is herein identified to certify its authenticity. Use of
the 0-16 ISBN prefix is for U.S. Government Printing Office
Official Editions only. The Superintendent of Documents of the
U.S. Government Printing Office requests that any reprinted
edition clearly be labeled as a copy of the authentic work
with a new ISBN.
U . S . G O V E R N M E N T P R I N T I N G O F F I C E
------------------------------------------------------------------
U.S. Superintendent of Documents Washington, DC
20402-0001
http://bookstore.gpo.gov
Phone: toll-free (866) 512-1800; DC area (202) 512-1800
[[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........ 689
Table of CFR Titles and Chapters........................ 691
Alphabetical List of Agencies Appearing in the CFR...... 709
List of CFR Sections Affected........................... 719
[[Page iv]]
----------------------------
Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 33 CFR 1.01-1 refers
to title 33, part 1,
section 01-1.
----------------------------
[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
regulation. Each title is divided into chapters which usually bear the
name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
volume.
LEGAL STATUS
The contents of the Federal Register are required to be judicially
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie
evidence of the text of the original documents (44 U.S.C. 1510).
HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code of Federal Regulations is kept up to date by the individual
issues of the Federal Register. These two publications must be used
together to determine the latest version of any given rule.
To determine whether a Code volume has been amended since its
revision date (in this case, July 1, 2005), consult the ``List of CFR
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative
List of Parts Affected,'' which appears in the Reader Aids section of
the daily Federal Register. These two lists will identify the Federal
Register page number of the latest amendment of any given rule.
EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
Register since the last revision of that volume of the Code. Source
citations for the regulations are referred to by volume number and page
number of the Federal Register and date of publication. Publication
dates and effective dates are usually not the same and care must be
exercised by the user in determining the actual effective date. In
instances where the effective date is beyond the cut-off date for the
Code a note has been inserted to reflect the future effective date. In
those instances where a regulation published in the Federal Register
states a date certain for expiration, an appropriate note will be
inserted following the text.
OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
amendments to existing regulations in the CFR. These OMB numbers are
placed as close as possible to the applicable recordkeeping or reporting
requirements.
OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
the cover of each volume are not carried. Code users may find the text
of provisions in effect on a given date in the past by using the
appropriate numerical list of sections affected. For the period before
January 1, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in 11 separate
volumes. For the period beginning January 1, 2001, a ``List of CFR
Sections Affected'' is published at the end of each CFR volume.
INCORPORATION BY REFERENCE
What is incorporation by reference? Incorporation by reference was
established by statute and allows Federal agencies to meet the
requirement to publish regulations in the Federal Register by referring
to materials already published elsewhere. For an incorporation to be
valid, the Director of the Federal Register must approve it. The legal
effect of incorporation by reference is that the material is treated as
if it were published in full in the Federal Register (5 U.S.C. 552(a)).
This material, like any other properly issued regulation, has the force
of law.
What is a proper incorporation by reference? The Director of the
Federal Register will approve an incorporation by reference only when
the requirements of 1 CFR part 51 are met. Some of the elements on which
approval is based are:
(a) The incorporation will substantially reduce the volume of
material published in the Federal Register.
(b) The matter incorporated is in fact available to the extent
necessary to afford fairness and uniformity in the administrative
process.
(c) The incorporating document is drafted and submitted for
publication in accordance with 1 CFR part 51.
Properly approved incorporations by reference in this volume are
listed in the Finding Aids at the end of this volume.
What if the material incorporated by reference cannot be found? If
you have any problem locating or obtaining a copy of material listed in
the Finding Aids of this volume as an approved incorporation by
reference, please contact the agency that issued the regulation
containing that incorporation. If, after contacting the agency, you find
the material is not available, please notify the Director of the Federal
Register, National Archives and Records Administration, Washington DC
20408, or call 202-741-6010.
CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
separate volume, revised annually as of January 1, entitled CFR Index
and Finding Aids. This volume contains the Parallel Table of Statutory
Authorities and Agency Rules (Table I). A list of CFR titles, chapters,
and parts and an alphabetical list of agencies publishing in the CFR are
also included in this volume.
An index to the text of ``Title 3--The President'' is carried within
that volume.
The Federal Register Index is issued monthly in cumulative form.
This index is based on a consolidation of the ``Contents'' entries in
the daily Federal Register.
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
[[Page vii]]
REPUBLICATION OF MATERIAL
There are no restrictions on the republication of textual material
appearing in the Code of Federal Regulations.
INQUIRIES
For a legal interpretation or explanation of any regulation in this
volume, contact the issuing agency. The issuing agency's name appears at
the top of odd-numbered pages.
For inquiries concerning CFR reference assistance, call 202-741-6000
or write to the Director, Office of the Federal Register, National
Archives and Records Administration, Washington, DC 20408 or e-mail,
[email protected].
SALES
The Government Printing Office (GPO) processes all sales and
distribution of the CFR. For payment by credit card, call toll-free,
866-512-1800 or DC area, 202-512-1800, M-F, 8 a.m. to 4 p.m. e.s.t. or
fax your order to 202-512-2250, 24 hours a day. For payment by check,
write to the Superintendent of Documents, Attn: New Orders, P.O. Box
371954, Pittsburgh, PA 15250-7954. For GPO Customer Service call 202-
512-1803.
ELECTRONIC SERVICES
The full text of the Code of Federal Regulations, the LSA (List of
CFR Sections Affected), The United States Government Manual, the Federal
Register, Public Laws, Public Papers, Weekly Compilation of Presidential
Documents and the Privacy Act Compilation are available in electronic
format at www.gpoaccess.gov/nara (``GPO Access''). For more information,
contact Electronic Information Dissemination Services, U.S. Government
Printing Office. Phone 202-512-1530, or 888-293-6498 (toll-free). E-
mail, [email protected].
The Office of the Federal Register also offers a free service on the
National Archives and Records Administration's (NARA) World Wide Web
site for public law numbers, Federal Register finding aids, and related
information. Connect to NARA's web site at www.archives.gov/federal--
register. The NARA site also contains links to GPO Access.
Raymond A. Mosley,
Director,
Office of the Federal Register.
July 1, 2005.
[[Page ix]]
THIS TITLE
Title 33--Navigation and Navigable Waters is composed of three
volumes. The contents of these volumes represent all current regulations
codified under this title of the CFR as of July 1, 2005. The first and
second volumes, parts 1-124 and 125-199, contain current regulations of
the Coast Guard, Department of Homeland Security. The third volume, part
200 to End, contains current regulations of the Corps of Engineers,
Department of the Army, and the Saint Lawrence Seaway Development
Corporation, Department of Transportation.
In volumes one and two, subject indexes follow the subchapters.
For this volume, Carol A. Conroy was Chief Editor. The Code of
Federal Regulations publication program is under the direction of
Frances D. McDonald, assisted by Alomha S. Morris.
[[Page 1]]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
(This book contains parts 1 to 124)
--------------------------------------------------------------------
Part
chapter i--Coast Guard, Department of Homeland Security..... 1
Abbreviations Used in This Chapter:
BMC = Chief Boatswains Mate. CGFR = Coast Guard Federal Register
document number. CG = Coast Guard. EM = Electrician's Mate. LS =
Lightship. NC = Flag hoist meaning, ``I am in distress and require
immediate assistance.'' NCG = Call letters for any Coast Guard Shore
Radio Station. OAN = Aids to Navigation Division. PTP = Training and
Procurement. U.S.C.G. = United States Coast Guard.
[[Page 3]]
CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
--------------------------------------------------------------------
SUBCHAPTER A--GENERAL
Part Page
1 General provisions.......................... 7
2 Jurisdiction................................ 28
3 Coast Guard areas, districts, marine
inspection zones, and captain of the
port zones.............................. 32
4 OMB control numbers assigned pursuant to the
Paperwork Reduction Act................. 52
5 Coast Guard Auxiliary....................... 53
6 Protection and security of vessels, harbors,
and waterfront facilities............... 57
8 United States Coast Guard Reserve........... 61
13 Decorations, medals, ribbons and similar
devices................................. 62
17 United States Coast Guard general gift fund. 65
19 Waivers of navigation and vessel inspection
laws and regulations.................... 67
20 Rules of practice, procedure, and evidence
for formal administrative proceedings of
the Coast Guard......................... 70
23 Distinctive markings for Coast Guard vessels
and aircraft............................ 92
25 Claims...................................... 93
26 Vessel bridge-to-bridge radiotelephone
regulations............................. 104
27 Adjustment of civil monetary penalties for
inflation............................... 107
Index to Subchapter A--General.............. 111
SUBCHAPTER B--PERSONNEL
40 Cadets of the Coast Guard................... 117
45 Enlistment of personnel..................... 117
49 Payment of amounts due mentally incompetent
Coast Guard personnel................... 118
50 Coast Guard Retiring Review Board........... 120
51 Coast Guard Discharge Review Board.......... 122
[[Page 4]]
52 Board for Correction of Military Records of
the Coast Guard......................... 127
53 Coast Guard whistleblower protection........ 134
54 Allotments from active duty pay for certain
support obligations..................... 137
55 Child Development Services.................. 138
Index to Subchapter B--Military Personnel... 141
SUBCHAPTER C--AIDS TO NAVIGATION
60 [Reserved]
62 United States aids to navigation system..... 144
64 Marking of structures, sunken vessels and
other obstructions...................... 152
66 Private aids to navigation.................. 155
67 Aids to navigation on artificial islands and
fixed structures........................ 163
70 Interference with or damage to aids to
navigation.............................. 177
72 Marine information.......................... 178
74 Charges for Coast Guard aids to navigation
work.................................... 180
76 Sale and transfer of aids to navigation
equipment............................... 181
Index to Subchapter C--Aids to Navigation... 183
SUBCHAPTER D--INTERNATIONAL NAVIGATION RULES
Note: Application of the 72 COLREGS to
territories and possessions............. 187
80 COLREGS demarcation lines................... 188
81 72 COLREGS: Implementing Rules.............. 204
82 72 COLREGS: Interpretative Rules............ 207
Index to Subchapter D--International
Navigation Rules........................ 209
SUBCHAPTER E--INLAND NAVIGATION RULES
84 Annex I: Positioning and technical details
of lights and shapes.................... 213
85 Annex II: Additional signals for fishing
vessels fishing in close proximity...... 217
86 Annex III: Technical details of sound signal
appliances.............................. 217
87 Annex IV: Distress signals.................. 219
88 Annex V: Pilot rules........................ 220
89 Inland navigation rules: implementing rules. 222
90 Inland rules: Interpretative rules.......... 225
[[Page 5]]
Index to Subchapter E--Inland Navigation
Rules................................... 227
SUBCHAPTER F--VESSEL OPERATING REGULATIONS
95 Operating a vessel while under the influence
of alcohol or a dangerous drug.......... 229
96 Rules for the safe operation of vessels and
safety management systems............... 231
Index to Subchapter F--Vessel Operating
Regulations............................. 245
SUBCHAPTER G--REGATTAS AND MARINE PARADES
100 Safety of life on navigable waters.......... 246
Index to Subchapter G--Regattas and Marine
Parades................................. 319
SUBCHAPTER H--MARITIME SECURITY
101 Maritime Security: General.................. 322
102 Maritime Security: National maritime transportation
security [Reserved]
103 Maritime security: Area maritime security... 334
104 Maritime security: Vessels.................. 338
105 Maritime security: Facilities............... 360
106 Marine Security: Outer Continental Shelf
(OCS) facilities........................ 385
107 National Vessel and Facility Control
Measures and Limited Access Areas....... 401
Index to Subchapter H--General Maritime
Security................................ 407
SUBCHAPTER I--ANCHORAGES
109 General..................................... 410
110 Anchorage regulations....................... 411
Index to Subchapter I--Anchorages........... 521
SUBCHAPTER J--BRIDGES
114 General..................................... 525
115 Bridge locations and clearances;
administrative procedures............... 527
116 Alteration of unreasonably obstructive
bridges................................. 531
117 Drawbridge operation regulations............ 536
118 Bridge lighting and other signals........... 658
Index to Subchapter J--Bridges.............. 667
SUBCHAPTER K--SECURITY OF VESSELS
120 Security of passenger vessels............... 679
Index to Subchapter K--Security of Vessels.. 685
[[Page 7]]
SUBCHAPTER A_GENERAL
PART 1_GENERAL PROVISIONS--Table of Contents
Subpart 1.01_Delegation of Authority
Sec.
1.01-1 District Commander.
1.01-20 Officer in Charge, Marine Inspection.
1.01-30 Captains of the Port.
1.01-40 Delegation to the Vice Commandant.
1.01-50 Delegation to District Commander, Seventeenth Coast Guard
District.
1.01-60 Delegations for issuance of bridge permits.
1.01-70 CERCLA delegations.
1.01-80 FWPCA and OPA 90 delegations.
1.01-85 Redelegation.
1.01-90 Commissioned, warrant, and petty officers.
Subpart 1.05_Rulemaking
1.05-1 Delegation of rulemaking authority.
1.05-5 Marine Safety Council.
1.05-10 Regulatory process overview.
1.05-15 Public participation.
1.05-20 Petitions for rulemaking.
1.05-25 Public docket.
1.05-30 Advance notice of proposed rulemaking (ANPRM).
1.05-35 Notice of proposed rulemaking (NPRM).
1.05-40 Supplemental notice of proposed rulemaking (SNPRM).
1.05-45 Interim rule.
1.05-50 Final rule.
1.05-55 Direct final rule.
1.05-60 Negotiated rulemaking.
Subpart 1.07_Enforcement; Civil and Criminal Penalty Proceedings
1.07-1 Purpose.
1.07-5 Definitions.
1.07-10 Reporting and investigation.
1.07-11 Notice of violation.
1.07-15 Hearing Officer.
1.07-20 Initiation of action.
1.07-25 Preliminary matters.
1.07-30 Disclosure of evidence.
1.07-35 Request for confidential treatment.
1.07-40 Counsel.
1.07-45 Location of hearings and change of venue.
1.07-50 Witnesses.
1.07-55 Hearing procedures.
1.07-60 Records.
1.07-65 Hearing Officer's decisions.
1.07-70 Right to appeal.
1.07-75 Action on appeals.
1.07-80 Reopening of hearings.
1.07-85 Collection of civil penalties.
1.07-90 Criminal penalties.
1.07-95 Civil and criminal penalties.
1.07-100 Summons in lieu of seizure of commercial fishing industry
vessels.
Subpart 1.08_Written Warnings by Coast Guard Boarding Officers
1.08-1 Applicability.
1.08-5 Procedures.
Subpart 1.10_Public Availability of Information
1.10-1 Official records and documents.
1.10-5 Public availability of records and documents.
Subpart 1.20_Testimony by Coast Guard Personnel and Production of
Records in Legal Proceedings
1.20-1 Testimony by Coast Guard personnel and production of records.
Subpart 1.25_Fees and Charges for Certain Records and Services
1.25-1 Purpose.
1.25-30 Exceptions.
1.25-40 Fees for services for the public.
1.25-45 Special admeasurement services.
1.25-48 Oceanographic research.
1.25-80 Payment of fees, charges or sales.
Subpart 1.26_Charges for Duplicate Medals, and Sales of Personal
Property, Equipment or Services and Rentals
1.26-1 Purpose.
1.26-5 Replacement of medals.
1.26-10 Sales to Coast Guard Auxiliary.
1.26-15 Sales of nonexcess personal property and services.
1.26-20 Sales to eligible foreign governments.
1.26-25 Payment of charges.
Subpart 1.01_Delegation of Authority
Authority: 14 U.S.C. 633; 33 U.S.C. 401, 491, 525, 1321, 2716, and
2716a; 42 U.S.C. 9615; 49 U.S.C. 322; 49 CFR 1.45(b), 1.46; section
1.01-70 also issued under the authority of E.O. 12580, 3 CFR, 1987
Comp., p. 193; and sections 1.01-80 and 1.01-85 also issued under the
authority of E.O. 12777, 3 CFR, 1991 Comp., p. 351.
Sec. 1.01-1 District Commander.
Final authority for the performance within the confines of his
district of the functions of the Coast Guard,
[[Page 8]]
which in general terms are maritime law enforcement, saving and
protecting life and property, safeguarding navigation on the high seas
and navigable waters of the United States, and readiness for military
operations, is delegated to the District Commander by the Commandant. In
turn delegations of final authority run from the District Commander to
commanding officers of units under the District Commander for the
performance of the functions of law enforcement, patrol of marine
regattas and parades, and the saving of life and property which come
within the scope of their activities.
[CGFR 48-72, 13 FR 9330, Dec. 31, 1948]
Sec. 1.01-20 Officer in Charge, Marine Inspection.
Final authority is vested in the Officer in Charge, Marine
Inspection, for the performance, within the area of his jurisdiction, of
the following functions: Inspection of vessels in order to determine
that they comply with the applicable laws, rules, and regulations
relating to safe construction, equipment, manning, and operation and
that they are in a seaworthy condition for the services in which they
are operated; shipyard and factory inspections; the investigation of
marine casualties and accidents; the licensing, certificating, shipment
and discharge of seamen; the investigating and initiating of action in
cases of misconduct, negligence, or incompetence of merchant marine
officers or seamen; and the enforcement of vessel inspection,
navigation, and seamen's laws in general. Specific procedures for
appealing the decisions of the Officer in Charge, Marine Inspection, or
of his subordinates are set forth in 46 CFR parts 1 to 4.
[CGFR 48-72, 13 FR 9330, Dec. 31, 1948; as amended by USCG-1998-3799, 63
FR 35525, June 30, 1998]
Sec. 1.01-30 Captains of the Port.
Captains of the Port and their representatives enforce within their
respective areas port safety and security and marine environmental
protection regulations, including, without limitation, regulations for
the protection and security of vessels, harbors, and waterfront
facilities; anchorages; security zones; safety zones; regulated
navigation areas; deepwater ports; water pollution; and ports and
waterways safety.
[CGD-225, 59 FR 66484, Dec. 27, 1994]
Sec. 1.01-40 Delegation to the Vice Commandant.
The Commandant delegates to the Vice Commandant authority to take
final agency action under 46 CFR part 5, Subparts I, J and K on each
petition to reopen a hearing and on each appeal from a decision of an
Administrative Law Judge, except on petition or appeal in a case in
which an order of revocation has been issued. This delegation does not
prevent the Vice Commandant from acting as Commandant, as prescribed in
14 U.S.C. 47(a), for all purposes of 46 CFR part 5.
[CGD 85-071, 51 FR 22805, June 23, 1986, as amended by CGD 97-023, 62 FR
33361, June 19, 1997]
Sec. 1.01-50 Delegation to District Commander, Seventeenth Coast Guard
District.
The Commandant redelegates to the District Commander, Seventeenth
Coast Guard District, the authority in 46 U.S.C. 3302(i)(1) to issue
permits to certain vessels transporting cargo, including bulk fuel, from
one place in Alaska to another place in Alaska.
[USCG-1998-3799, 63 FR 35525, June 30, 1998]
Sec. 1.01-60 Delegations for issuance of bridge permits.
(a) The Commandant delegates to the Assistant Commandant for
Operations, the authority to issue the following permits for the
construction, reconstruction, or alteration of bridges across navigable
waters of the United States:
(1) Those that require:
(i) An environmental assessment or environmental impact statement
under the National Environmental Policy Act of 1969, as amended, (42
U.S.C. 4321 et seq.) and all implementing regulations, orders, and
instructions.
(ii) A determination under section 4(f) of the Department of
Transportation Act of 1966 (49 U.S.C. 1653).
(iii) Concurrence of the Department of Transportation under DOT
Order
[[Page 9]]
5610.1C (Procedures for Considering Environmental Impacts).
(2) Those that require a Presidential permit and approval under the
International Bridge Act of 1972 (33 U.S.C. 535).
(3) Those that require the amendment of an existing permit issued by
the U.S. Army Corps of Engineers.
(4) Those that raise substantial unresolved controversy involving
the public, or are objected to by Federal, State, or local government
agencies.
(5) Those authorized by the Commandant upon the appeal of a district
commander's decision denying a permit.
(b) The Commandant delegates to each Coast Guard District Commander,
with the reservation that this authority shall not be further
redelegated, the authority to issue all permits for the construction,
reconstruction, or alteration of bridges across navigable waters of the
United States other than those specified in paragraph (a) of this
section.
[CGD 80-099, 46 FR 38353, July 27, 1981; 46 FR 42268, Aug. 20, 1981, as
amended by CGD 88-052, 53 FR 25119, July 1, 1988; CGD 96-026, 61 FR
33662, June 28, 1996; CGD 97-023, 62 FR 33361, June 19, 1997]
Sec. 1.01-70 CERCLA delegations.
(a) For the purpose of this section, the definitions in section 101
of the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (Pub. L. 96-510), as amended by the Superfund Amendments and
Reauthorization Act of 1986 (Pub. L. 99-499), apply. The Act, as
amended, is referred to in this section as CERCLA.
(b) The Assistant Commandant for Marine Safety, Security and
Environmental Protection (G-M) is delegated authority to take remedial
action involving vessels under section 104 of CERCLA.
(c) Each Maintenance and Logistics Commander is delegated contract
authority, consistent with each memorandum of understanding between the
Coast Guard and the Environmental Protection Agency regarding CERCLA
funding mechanisms, for the purpose of carrying out response actions
pursuant to CERCLA sections 104(a), 104(b), 104(f), 104(g), 105(f), and
122.
(d) Each district commander is delegated authority as follows:
(1) Authority, pursuant to CERCLA section 106(a), to determine an
imminent and substantial endangerment to the public health or welfare or
the environment because of an actual or threatened release of a
hazardous substance from a facility, and to secure such relief as may be
necessary to abate such danger or threat through the United States
attorney of the district in which the threat occurs.
(2) Authority, pursuant to section 109 of CERCLA, to assess
penalties relating to violations of sections 103 (a) and (b) pertaining
to notification requirements, section 108 pertaining to financial
responsibility for release of hazardous substances from vessels, and
section 122 pertaining to administrative orders and consent decrees.
(3) Authority, pursuant to section 108 of CERCLA, to deny entry to
any port or place in the United States or to the navigable waters of the
United States and detain at any port or place in the United States any
vessel subject to section 108(a) of CERCLA that, upon request, does not
provide evidence of financial responsibility.
(e) Subject to the provisions of Executive Order 12580, and
paragraph (g) of this section, each Coast Guard official, predesignated
as an On-Scene Coordinator, is delegated authority as follows:
(1) Authority, pursuant to CERCLA sections 104(a), 104(b), 104(c)
and consistent with the National Contingency Plan, to remove or arrange
for the removal of releases and threatened releases of hazardous
substances, and of pollutants or contaminants which may present an
imminent and substantial danger to the public health or welfare.
(2) Authority, pursuant to CERCLA section 104(i)(11), to take such
steps as may be necessary to reduce exposure that presents a significant
risk to human health, and to eliminate or substantially mitigate that
significant risk to human health.
(3) Authority, pursuant to CERCLA section 106(a), to issue orders to
protect the public health and welfare and the environment whenever that
official determines that a release or threatened release of a hazardous
substance from a
[[Page 10]]
facility may present an imminent and substantial endangerment to the
public health or welfare or the environment.
(4) Authority, pursuant to CERCLA section 104(e), except section
104(e)(7)(C), to enter establishments or other places where hazardous
substances are or have been generated, stored, treated, disposed of, or
transported from to inspect and obtain records, reports, samples and
information in support of the response functions delegated in paragraphs
(d), (e)(1), (e)(2), and (e)(3) of this section.
(5) Authority, pursuant to CERCLA section 122, to enter into an
agreement with any person (including the owner or operator of the vessel
or facility from which a release or substantial threat of release
emanates, or any other potential responsible person), to perform any
response action, provided that such action will be done properly by such
person.
(f) Except for the authority granted in paragraphs (d)(1) and (e)(1)
of this section, each Coast Guard official to whom authority is granted
in this section may redelegate and authorize successive redelegations of
that authority. The authority granted in paragraph (e)(3) of this
section may only be redelegated to commissioned officers.
(g) The response authority described in paragraph (e)(1) of this
section does not include authority to--
(1) Summarily remove or destroy a vessel; or
(2) Take any other action that constitutes intervention under
CERCLA, the Intervention on the High Seas Act (33 U.S.C. 1471 et. seq.),
or other applicable laws. ``Intervention'' means any detrimental action
taken against the interest of a vessel or its cargo without the consent
of the vessel's owner or operator.
[CGD 88-051, 53 FR 30259, Aug. 11, 1988, as amended by CGD 91-225, 59 FR
66484, Dec. 27, 1994; CGD 96-026, 61 FR 33662, June 28, 1996; CGD 97-
023, 62 FR 33361, June 19, 1997; USCG-2002-12471, 67 FR 41331, June 18,
2002; USCG-2003-14505, 68 FR 9534, Feb. 28, 2003]
Sec. 1.01-80 FWPCA and OPA 90 delegations.
(a) This section delegates authority to implement provisions of
section 311 of the Federal Water Pollution Control Act (FWPCA), as
amended [33 U.S.C. 1321] and provisions of the Oil Pollution Act of 1990
(OPA 90). The definitions in subsection (a) of section 311 of the FWPCA
and section 1001 of OPA 90 [33 U.S.C. 2701] apply.
(b) The Assistant Commandant for Marine Safety, Security and
Environmental Protection, is delegated authority to require the owner or
operator of a facility to establish and maintain such records, make such
reports, install, use, and maintain such monitoring equipment and
methods, and provide such other information as may be required to carry
out the objectives of section 311 of the FWPCA [33 U.S.C. 1321].
(c) Each District and Area Commander is delegated authority within
the Commander's assigned district or area to--
(1) Deny entry to any place in the United States or to the navigable
waters of the United States, and to detain at any place in the United
States, any vessel subject to section 1016 of OPA 90 [33 U.S.C. 2716]
that, upon request, does not provide evidence of financial
responsibility;
(2) Seize and, through the Chief Counsel, seek forfeiture to the
United States of any vessel subject to the requirements of section 1016
of OPA 90 [33 U.S.C. 2716] that is found in the navigable waters of the
United States without the necessary evidence of financial
responsibility;
(3) Assess any class I civil penalty under subsection (b) of section
311 of the FWPCA [33 U.S.C. 1321], in accordance with the procedures in
subpart 1.07 of this chapter;
(4) Assess any civil penalty under section 4303 of OPA 90 [33 U.S.C.
2716a] in accordance with the procedures in subpart 1.07 of this
chapter;
(5) Board and inspect any vessel upon the navigable waters of the
United States or the waters of the contiguous zone, except for public
vessels; with or without warrant, arrest any person who, in the
Commander's presence or view, violates a provision of section 311 of the
FWPCA [33 U.S.C. 1321] or any regulation issued thereunder; and execute
any warrant or other process issued by an officer or court of competent
jurisdiction, as prescribed in
[[Page 11]]
section 311(m)(1) of the FWPCA [33 U.S.C. 1321(m)(1)];
(6) Enter and inspect any facility in the coastal zone at reasonable
times; have access to and copy any records; take samples; inspect
monitoring equipment required by section 311(m)(2)(A) of the FWPCA [33
U.S.C. 1321(m)(2)(A)]; with or without warrant, arrest any person who,
in the Commander's presence or view, violates a provision of section 311
of the FWPCA [33 U.S.C. 1321] or any regulation issued thereunder; and
execute any warrant or other process issued by an officer or court of
competent jurisdiction, as prescribed in section 311(m)(2) of the FWPCA
[33 U.S.C. 1321(m)(2)(A)]; and
(7) Determine for purposes of section 311(b)(12) of the FWPCA [33
U.S.C. 1321(b)(12)]--
(i) Whether reasonable cause exists to believe that an owner,
operator, or person in charge may be subject to a civil penalty under
section 311(b) of the FWPCA [33 U.S.C. 1321(b)]; and
(ii) Whether a filed bond or other surety is satisfactory.
(d) Each Coast Guard official predesignated as the On-Scene
Coordinator by the applicable Regional Contingency Plan is delegated
authority pursuant to section 311(c) of the FWPCA [33 U.S.C. 1321(c)],
subject to paragraph (e) of this section, in accordance with the
National Contingency Plan and any appropriate Area Contingency Plan, to
ensure the effective and immediate removal of a discharge and mitigation
or prevention of a substantial threat of a discharge of oil or a
hazardous substance by--
(1) Removing or arranging for the removal of a discharge and
mitigating or preventing an imminent and substantial threat of a
discharge at any time;
(2) Directing or monitoring all Federal, State, and private actions
to remove a discharge, including issuance of orders;
(3) Determining, pursuant to section 311(c) of the FWPCA [33 U.S.C.
1321(c)], whether a discharge or a substantial threat of a discharge of
oil or a hazardous substance from a vessel, offshore facility, or
onshore facility is of such a size or character as to be a substantial
threat to the public health or welfare of the United States (including,
but not limited to fish, shellfish, wildlife, other natural resources,
and the public and private beaches and shorelines of the United States);
and, if it is, directing all Federal, State, and private actions to
remove the discharge or to mitigate or prevent the threatened discharge;
(4) Determining, pursuant to section 311(e) of the FWPCA [33 U.S.C.
1321(e)], that there may be an imminent and substantial threat to the
public health and welfare of the United States, and, if there is, may--
(i) Determine an imminent and substantial threat as a basis for
recommending referral for judicial relief; or
(ii) Act pursuant to section 311(e)(1)(B) of the FWPCA [33 U.S.C.
1321(e)(1)(B)], including the issuance of orders; and
(5) Acting to mitigate the damage to the public health or welfare
caused by a discharge of oil or a hazardous substance.
(e) The authority described in paragraph (d) of this section does
not include the authority to--
(1) Remove or destroy a vessel; or
(2) Take any other action that constitutes intervention under the
Intervention on the High Seas Act [33 U.S.C. 1471, et seq.] or other
applicable laws. For purposes of this section, ``intervention'' means
any detrimental action taken against the interest of a vessel or its
cargo without the consent of the vessel's owner or operator.
[CGD 91-225, 59 FR 66484, Dec. 27, 1994, as amended by CGD 96-026, 61 FR
33662, June 28, 1996; CGD 97-023, 62 FR 33361, June 19, 1997; USCG-2002-
12471, 67 FR 41331, June 18, 2002]
Sec. 1.01-85 Redelegation.
Except as provided in Sec. 1.01-80(e)(1) and (2), each Coast Guard
officer to whom authority is granted in Sec. 1.01-80 may redelegate and
authorize successive redelegations of that authority within the command
under the officer's jurisdiction, or to members of the officer's staff.
[CGD 91-225, 59 FR 66485, Dec. 27, 1994]
Sec. 1.01-90 Commissioned, warrant, and petty officers.
Any commissioned, warrant, or petty officer of the United States
Coast
[[Page 12]]
Guard may be authorized to carry out the functions delegated to superior
officials under Sec. Sec. 1.01-1, 1.01-20, 1.01-30, 1.01-70, and 1.07-
80, or redelegated under Sec. 1.01-85, within the jurisdiction of the
cognizant official. They will do so under the supervision and general
direction of that official.
[CGD 91-225, 59 FR 66485, Dec. 27, 1994]
Subpart 1.05_Rulemaking
Authority: 5 U.S.C. 552, 553, App. 2; 14 U.S.C. 2, 631, 632, and
633; 33 U.S.C. 471, 499; 49 U.S.C. 101, 322; Department of Homeland
Security Delegation No. 0170.
Source: CGD 95-057, 60 FR 34148, June 30, 1995, unless otherwise
noted.
Sec. 1.05-1 Delegation of rulemaking authority.
(a) The Secretary of Homeland Security is empowered by various
statutes to issue regulations regarding the functions, powers and duties
of the Coast Guard.
(b) The Secretary of Homeland Security has delegated much of this
authority to the Commandant, U.S. Coast Guard, including authority to
issue regulations regarding the functions of the Coast Guard and the
authority to redelegate and authorize successive redelegations of that
authority within the Coast Guard.
(c) The Commandant has reserved the authority to issue any rules and
regulations determined to be significant under Executive Order 12866,
Regulatory Planning and Review.
(d) The Commandant has redelegated to the various office chiefs at
U.S. Coast Guard Headquarters, with the reservation that this authority
shall not be further redelegated, the authority to develop and issue
regulations necessary to implement laws, treaties, or Executive Orders
associated with their assigned programs; issue amendments to existing
regulations as necessary; and submit regulatory proposals for Marine
Safety and Security Council consideration.
(e)(1) The Commandant has redelegated to Coast Guard District
Commanders, with the reservation that this authority shall not be
further redelegated, the authority to issue regulations pertaining to
the following:
(i) Anchorage grounds and special anchorage areas.
(ii) The designation of lightering zones.
(iii) The operation of drawbridges.
(iv) The establishment of Regulated Navigation Areas.
(v) The establishment of safety and security zones.
(vi) The establishment of special local regulations.
(2) This delegation does not extend to those matters specified in
paragraph (c) of this section or rules and regulations which have been
shown to raise substantial issues or to generate controversy.
(f) Except for those matters specified in paragraph (c) of this
section, the Commandant has redelegated to Coast Guard Captains of the
Port, with the reservation that this authority shall not be further
redelegated, the authority to establish safety and security zones.
(g) The Commandant has redelegated to Coast Guard District
Commanders, Captains of the Port, the Assistant Commandant for
Operations, and the Assistant Commandant for Marine Safety, Security and
Environmental Protection, the authority to make the certification
required by section 605(b) of the Regulatory Flexibility Act (Sec.
605(b), Pub. L. 96-354, 94 Stat. 1168 (5 U.S.C. 605)) for rules that
they issue.
[CGD 95-057, 60 FR 34148, June 30, 1995, as amended by CGD 96-026, 61 FR
33662, June 28, 1996; CGD 97-023, 62 FR 33361, June 19, 1997; USCG-2003-
14505, 68 FR 9534, Feb. 28, 2003; USCG-2003-15404, 68 FR 37740, June 25,
2003]
Sec. 1.05-5 Marine Safety and Security Council.
The Marine Safety and Security Council, composed of senior Coast
Guard officials, acts as policy advisor to the Commandant and is the
focal point of the Coast Guard regulatory system. The Marine Safety and
Security Council provides oversight, review, and guidance for all Coast
Guard regulatory activity.
[CGD 95-057, 60 FR 34148, June 30, 1995, as amended by USCG-2003-15404,
68 FR 37740, June 25, 2003]
[[Page 13]]
Sec. 1.05-10 Regulatory process overview.
(a) Most rules of local applicability are issued by District
Commanders and Captains of the Port, while rules of wider applicability
are issued by senior Coast Guard officials at Coast Guard Headquarters,
For both significant rulemaking (defined by Executive Order 12866,
Regulatory Planning and Review) and non-significant rulemaking, other
than those areas delegated to District Commanders and Captains of the
Port, the regulatory process begins when an office chief with program
responsibilities identifies a possible need for a new regulation or for
changes to an existing regulation. The need may arise due to statutory
changes, or be based on internal review or public input. Early public
involvement is strongly encouraged.
(b) After a tentative significant regulatory approach is developed,
a significant regulatory project proposal is submitted to the Marine
Safety and Security Council for approval. The proposal describes the
scope of the proposed regulation, alternatives considered, and potential
cost and benefits, including possible environmental impacts. All
significant regulatory projects require Marine Safety and Security
Council approval.
(c) Significant rulemaking projects must also be approved by the
Commandant of the Coast Guard.
(d) If the project is approved, the necessary documents are drafted,
including documents to be published in the Federal Register. These may
include regulatory evaluations, environmental analyses, requests for
comments, announcements of public meetings, notices of proposed
rulemakings, and final rules.
[CGD 95-057, 60 FR 34148, June 30, 1995, as amended by USCG-2003-14505,
68 FR 9534, Feb. 28, 2003; USCG-2003-15404, 68 FR 37740, June 25, 2003]
Sec. 1.05-15 Public participation.
The Coast Guard considers public participation essential to
effective rulemaking, and encourages the public to participate in its
rulemaking process. Coast Guard policy is to provide opportunities for
public participation early in potential rulemaking projects. Generally,
the Coast Guard will solicit public input by publishing a notice of
public meeting or request for comments in the Federal Register. Advance
Notices of Proposed Rulemaking, Notices of Proposed Rulemaking,
Supplemental Notices of Proposed Rulemaking, and Interim Rules will
usually provide 90 days, or more if possible, after publication for
submission of comments. This time period is intended to allow interested
persons the opportunity to participate in the rulemaking process through
the submission of written data and views. However, certain cases and
circumstances may make it necessary to provide a shorter comment period.
Public meetings may also be held to provide an opportunity for oral
presentations. The Coast Guard will consider the comments received and,
in subsequent rulemaking documents, will incorporate a concise general
statement of the comments received and identify changes from a proposed
rule based on the comments.
Sec. 1.05-20 Petitions for rulemaking.
(a) Any member of the public may petition the Coast Guard to
undertake a rulemaking action. There is no prescribed form for a
petition for rulemaking, but the document should provide some supporting
information as to why the petitioner believes the proposed rulemaking is
necessary and the document should clearly indicate that it is a petition
for rulemaking. Petitions should be addressed to the Executive
Secretary, Marine Safety and Security Council (G-LRA), United States
Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-
0001.
(b) The petitioner will be notified of the Coast Guard's decision
whether to initiate a rulemaking or not. If the Coast Guard decides not
to pursue a rulemaking, the petitioner will be notified of the reasons
why. If the Coast Guard decides to initiate rulemaking, it will follow
the procedure outlined in this subpart. The Coast Guard may publish a
notice acknowledging receipt of a petition for rulemaking in the Federal
Register.
[[Page 14]]
(c) Any petition for rulemaking and any reply to the petition will
be kept in a public file open for inspection.
[CGD 95-057, 60 FR 34148, June 30, 1995, as amended by USCG-2003-15404,
68 FR 37740, June 25, 2003]
Sec. 1.05-25 Public docket.
(a) A public file is maintained for each petition for rulemaking and
each Coast Guard regulation and notice published in the Federal
Register. Each file contains copies of every rulemaking document
published for the project, public comments received, summaries of public
meetings or hearings, regulatory assessments, and other publicly-
available information. Members of the public may inspect the public
docket and copy any documents in the file. Each rulemaking document will
identify where the public file for that rulemaking is maintained. Public
dockets for rulemakings originating at Coast Guard Headquarters are kept
at a Docket Management Facility (DMS) maintained by the Department of
Transportation, at the Nassif Building, room PL-401, 400 Seventh Street
SW., Washington, DC 20590-0001. These dockets are available
electronically through the DMS Web site at http://dms.dot.gov.
(b) The public dockets for Coast Guard rulemaking activity initiated
by Coast Guard District Commanders are available for public inspection
at the appropriate Coast Guard District office.
(c) The public dockets for Coast Guard rulemaking activity initiated
by Captains of the Port are available for inspection at the appropriate
Captain of the Port office.
[CGD 95-057, 60 FR 34148, June 30, 1995, as amended by USCG-2003-14505,
68 FR 9534, Feb. 28, 2003]
Sec. 1.05-30 Advance notice of proposed rulemaking (ANPRM).
An advance notice of proposed rulemaking may be used to alert the
affected public about a new regulatory project, or when the Coast Guard
needs more information about what form proposed regulations should take,
the actual need for a regulation, the cost of a proposal, or any other
information. The ANPRM may solicit general information or ask the public
to respond to specific questions.
Sec. 1.05-35 Notice of proposed rulemaking (NPRM).
Under the Administrative Procedure Act (APA), 5 U.S.C. 553, an NPRM
is generally published in the Federal Register for Coast Guard
rulemakings. The NPRM normally contains a preamble statement in
sufficient detail to explain the proposal, its background, basis, and
purpose, and the various issues involved. It also contains a discussion
of any comments received in response to prior notices, a citation of
legal authority for the rule, and the text of the proposed rule.
Sec. 1.05-40 Supplemental notice of proposed rulemaking (SNPRM).
An SNPRM may be issued if a proposed rule has been substantially
changed from the original notice of proposed rulemaking. The
supplemental notice advises the public of the revised proposal and
provides an opportunity for additional comment. To give the public a
reasonable opportunity to become reacquainted with a rulemaking, a
supplemental notice may also be issued if considerable time has elapsed
since publication of a notice of proposed rulemaking. An SNPRM contains
the same type of information generally included in an NPRM.
Sec. 1.05-45 Interim rule.
(a) An interim rule may be issued when it is in the public interest
to promulgate an effective rule while keeping the rulemaking open for
further refinement. For example, an interim rule may be issued in
instances when normal procedures for notice and comment prior to issuing
an effective rule are not required, minor changes to the final rule may
be necessary after the interim rule has been in place for some time, or
the interim rule only implements portions of a proposed rule, while
other portions of the proposed rule are still under development.
(b) An interim rule will be published in the Federal Register with
an effective date that will generally be at least 30 days after the date
of publication. After the effective date, an interim rule is enforceable
and is codified in
[[Page 15]]
the next annual revision of the appropriate title of the Code of Federal
Regulations.
Sec. 1.05-50 Final rule.
In some instances, a final rule may be issued without prior notice
and comment. When notice and comment procedures have been used, and
after all comments received have been considered, a final rule is
issued. A final rule document contains a preamble that discusses
comments received, responses to comments and changes made from the
proposed or interim rule, a citation of legal authority, and the text of
the rule.
Sec. 1.05-55 Direct final rule.
(a) A direct final rule may be issued to allow noncontroversial
rules that are unlikely to result in adverse public comment to become
effective more quickly.
(b) A direct final rule will be published in the Federal Register
with an effective date that is generally at least 90 days after the date
of publication.
(c) The public will usually be given at least 60 days from the date
of publication in which to submit comments or notice of intent to submit
comments.
(d) If no adverse comment or notice of intent to submit an adverse
comment is received within the specified period, the Coast Guard will
publish a notice in the Federal Register to confirm that the rule will
go into effect as scheduled.
(e) If the Coast Guard receives a written adverse comment or a
written notice of intent to submit an adverse comment, the Coast Guard
will publish a notice in the final rule section of the Federal Register
to announce withdrawal of the direct final rule. If an adverse comment
clearly applies to only part of a rule, and it is possible to remove
that part without affecting the remaining portions, the Coast Guard may
adopt as final those parts of the rule on which no adverse comment was
received. Any part of a rule that is the subject of an adverse comment
will be withdrawn. If the Coast Guard decides to proceed with a
rulemaking following receipt of an adverse comment, a separate Notice of
Proposed Rulemaking (NPRM) will be published unless an exception to the
Administrative Procedure Act requirements for notice and comment
applies.
(f) A comment is considered adverse if the comment explains why the
rule would be inappropriate, including a challenge to the rule's
underlying premise or approach, or would be ineffective or unacceptable
without a change.
[CGD 94-105, 60 FR 49224, Sept. 22, 1995]
Sec. 1.05-60 Negotiated rulemaking.
(a) The Coast Guard may establish a negotiated rulemaking committee
under the Negotiated Rulemaking Act of 1990 and the Federal Advisory
Committee Act (FACA) (5 U.S.C. App. 2) when it is in the public
interest.
(b) Generally, the Coast Guard will consider negotiated rulemaking
when:
(1) There is a need for a rule;
(2) There are a limited number of representatives for identifiable
parties affected by the rule;
(3) There is a reasonable chance that balanced representation can be
reached in the negotiated rulemaking committee and that the committee
members will negotiate in good faith;
(4) There is a likelihood of a committee consensus in a fixed time
period;
(5) The negotiated rulemaking process will not unreasonably delay
the rule;
(6) The Coast Guard has resources to do negotiated rulemaking; and
(7) The Coast Guard can use the consensus of the committee in
formulating the NPRM and final rule.
Subpart 1.07_Enforcement; Civil and Criminal Penalty Proceedings
Authority: 14 U.S.C. 633; Sec. 6079(d), Pub. L. 100-690, 102 Stat.
4181; 49 CFR 1.46.
Source: CGD 78-82, 43 FR 54186, Nov. 20, 1978, unless otherwise
noted.
Sec. 1.07-1 Purpose.
This part describes procedures for enforcement and administration of
all statutory penalty provisions that the Coast Guard is authorized to
enforce.
[[Page 16]]
Sec. 1.07-5 Definitions.
(a) The term District Commander, when used in this subpart, means
the District Commander, or any person under the District Commander's
command, delegated to carry out the provisions of Sec. 1.07-10(b).
(b) The term Hearing Officer means a Coast Guard officer or employee
who has been delegated the authority to assess civil penalties.
(c) The term issuing officer means any qualified Coast Guard
commissioned, warrant, or petty officer.
(d) The term Notice of Violation means a notification of violation
and preliminary assessment of penalty, given to a party, in accordance
with Sec. 1.07-11.
(e) The term party means the person alleged to have violated a
statute or regulation to which a civil penalty applies and includes an
individual or public or private corporation, partnership or other
association, or a governmental entity.
[CGD 93-079, 59 FR 16560, Apr. 7, 1994]
Sec. 1.07-10 Reporting and investigation.
(a) Any person may report an apparent violation of any law,
regulation, or order that is enforced by the Coast Guard to any Coast
Guard facility. When a report of an apparent violation has been
received, or when an apparent violation has been detected by any Coast
Guard personnel, the matter is investigated or evaluated by Coast Guard
personnel. Once an apparent violation has been investigated or
evaluated, a report of the investigation may be sent to the District
Commander or other designated official in accordance with paragraph (b)
of this section or a Notice of Violation under Sec. 1.07-11 may be
given to the party by an issuing officer.
(b) Reports of any investigation conducted by the Coast Guard or
received from any other agency which indicate that a violation may have
occurred may be forwarded to a District Commander or other designated
official for further action. This is normally the District Commander of
the District in which the violation is believed to have occurred, or the
District in which the reporting unit or agency is found. The report is
reviewed to determine if there is sufficient evidence to establish a
prima facie case. If there is insufficient evidence, the case is either
returned for further investigation or closed if further action is
unwarranted. The case is closed in situations in which the investigation
has established that a violation did not occur, the violator is unknown,
or there is little likelihood of discovering additional relevant facts.
If it is determined that a prima facie case does exist, a case file is
prepared and forwarded to the Hearing Officer, with a recommended
action. A record of any prior violations by the same person or entity,
is forwarded with the case file.
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by CGD 87-008a, 52 FR
17554, May 11, 1987; CGD 93-079, 59 FR 16560, Apr. 7, 1994; USCG-2000-
7223, 65 FR 40054, June 29, 2000]
Sec. 1.07-11 Notice of violation.
(a) After investigation and evaluation of an alleged violation has
been completed, an issuing officer may issue a Notice of Violation to
the party.
(b) The Notice of Violation will contain the following information:
(1) The alleged violation and the applicable law or regulations
violated;
(2) The amount of the maximum penalty that may be assessed for each
violation;
(3) The amount of proposed penalty that appears to be appropriate;
(4) A statement that payment of the proposed penalty within 45 days
will settle the case;
(5) The place to which, and the manner in which, payment is to be
made;
(6) A statement that the party may decline the Notice of Violation
and that if the Notice of Violation is declined, the party has the right
to a hearing prior to a final assessment of a penalty by a Hearing
Officer.
(7) A statement that failure to either pay the proposed penalty on
the Notice of Violation or decline the Notice of Violation and request a
hearing within 45 days will result in a finding of default and the Coast
Guard will proceed with the civil penalty in the amount recommended on
the Notice of Violation without processing the violation under the
procedures described in 33 CFR 1.07-10(b).
[[Page 17]]
(c) The Notice of Violation may be hand delivered to the party or an
employee of the party, or may be mailed to the business address of the
party.
(d) If a party declines the Notice of Violation within 45 days, the
case file will be sent to the District Commander for processing under
the procedures described in 33 CFR 1.07-10(b).
(e) If a party pays the proposed penalty on the Notice of Violation
within 45 days, a finding of proved will be entered into the case file.
(f) If within 45 days of receipt a party--
(1) Fails to pay the proposed penalty on the Notice of Violation;
and
(2) Fails to decline the Notice of Violation--the Coast Guard will
enter a finding of default in the case file and proceed with the civil
penalty in the amount recommended on the Notice of Violation without
processing the violation under the procedures described in 33 CFR 1.07-
10(b).
[CGD 93-079, 59 FR 66482, Dec. 27, 1994, as amended by USCG-2001-9175,
67 FR 38388, June 4, 2002]
Sec. 1.07-15 Hearing Officer.
(a) The Hearing Officer has no other responsibility, direct or
supervisory, for the investigation of cases referred for the assessment
of civil penalties. The hearing officer may take action on a case
referred by any District Commander.
(b) The Hearing Officer decides each case on the basis of the
evidence before him, and must have no prior connection with the case.
The Hearing Officer is solely responsible for the decision in each case
referred to him.
(c) The Hearing Officer is authorized to administer oaths and issue
subpoenas necessary to the conduct of a hearing, to the extent provided
by law.
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by CGD 87-008a, 52 FR
17554, May 11, 1987; USCG-2002-12471, 67 FR 41331, June 18, 2002]
Sec. 1.07-20 Initiation of action.
(a) When a case is received for action, the Hearing Officer makes a
preliminary examination of the material submitted. If, on the basis of
the preliminary examination, the Hearing Officer determines that there
is insufficient evidence to proceed, or that there is any other reason
which would make penalty action inappropriate, the Hearing Officer
returns the case to the District Commander with a written statement of
the reason. The District Commander may close the case or cause a further
investigation of the alleged violation to be made with a view toward
resubmittal of the case to the Hearing Officer.
(b) If on the basis of the preliminary examination of the case file,
the Hearing Officer determines that a violation appears to have been
committed, the Hearing Officer notifies the party in writing of:
(1) The alleged violation and the applicable law or regulations;
(2) The amount of the maximum penalty that may be assessed for each
violation;
(3) The general nature of the procedure for assessing and collecting
the penalty;
(4) The amount of penalty that appears to be appropriate, based on
the material then available to the Hearing Officer;
(5) The right to examine all materials in the case file and have a
copy of all written documents provided upon request; and,
(6) The fact that the party may demand a hearing prior to any actual
assessment of a penalty.
(c) If at any time it appears that the addition of another party to
the proceedings is necessary or desirable, the Hearing Officer provides
the additional party with notice as described above.
Sec. 1.07-25 Preliminary matters.
(a) Within 30 days after receipt of notice of the initiation of the
action, as described above, the party, or counsel for the party, may
request a hearing, provide any written evidence and arguments in lieu of
a hearing, or pay the amount specified in the notice as being
appropriate. A hearing must be requested in writing; the request must
specify the issues which are in dispute. Failure to specify a
nonjurisdictional issue will preclude its consideration.
(b) The right to a hearing is waived if the party does not submit
the request to the Hearing Officer within 30 days after receiving notice
of the alleged
[[Page 18]]
violation. At the discretion of the Hearing Officer, a hearing may be
granted if the party submits a late request.
(c) The Hearing Officer must promptly schedule all hearings which
are requested. The Hearing Officer shall grant any delays or
continuances which may be necessary or desirable in the interest of
fairly resolving the case.
(d) A party who has requested a hearing may amend the specification
of the issues in dispute at any time up to 10 days before the scheduled
date of the hearing. Issues raised later than 10 days before the
scheduled hearing may be presented only at the discretion of the Hearing
Officer.
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by CGD 85-001A, 51 FR
19329, May 29, 1986]
Sec. 1.07-30 Disclosure of evidence.
The alleged violator may, upon request, receive a free copy of all
the written evidence in the case file, except material that would
disclose or lead to the disclosure of the identity of a confidential
informant. Other evidence or material, such as blueprints, sound or
video tapes, oil samples, and photographs may be examined in the Hearing
Officer's offices. The Hearing Officer may provide for examination or
testing of evidence at other locations if there are adequate safeguards
to prevent loss or tampering.
Sec. 1.07-35 Request for confidential treatment.
(a) In addition to information treated as confidential under Sec.
1.07-30, a request for confidential treatment of a document or portion
thereof may be made by the person supplying the information on the basis
that the information is:
(1) Confidential financial information, trade secrets, or other
material exempt from disclosure by the Freedom of Information Act (5
U.S.C. 552);
(2) Required to be held in confidence by 18 U.S.C. 1905; or
(3) Otherwise exempt by law from disclosure.
(b) The person desiring confidential treatment must submit the
request to the Hearing Officer in writing and state the reasons
justifying nondisclosure. Failure to make a timely request may result in
a document being considered as nonconfidential and subject to release.
(c) Confidential material is not considered by the Hearing Officer
in reaching a decision unless:
(1) It has been furnished by a party, or
(2) It has been furnished pursuant to a subpoena.
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by USCG-2002-12471,
67 FR 41331, June 18, 2002]
Sec. 1.07-40 Counsel.
A party has the right to be represented at all stages of the
proceeding by counsel. After receiving notification that a party is
represented by counsel, the Hearing Officer directs all further
communications to that counsel.
Sec. 1.07-45 Location of hearings and change of venue.
(a) The hearing is normally held at the office of the Hearing
Officer.
(b) The Hearing Officer may transfer a case to another Hearing
Officer on request or on the Hearing Officer's own motion.
(c) A request for change of location of a hearing or transfer to
another Hearing Officer must be in writing and state the reasons why the
requested action is necessary or desirable. Action on the request is at
the discretion of the Hearing Officer.
[CGD 87-008a, 52 FR 17554, May 11, 1987]
Sec. 1.07-50 Witnesses.
A party may present the testimony of any witness either through a
personal appearance or through a written statement. The party may
request the assistance of the Hearing Officer in obtaining the personal
appearance of a witness. The request must be in writing and state the
reasons why a written statement would be inadequate, the issue or issues
to which the testimony would be relevant, and the substance of the
expected testimony. If the Hearing Officer determines that the personal
appearance of the witness may materially aid in the decision on the
case, the
[[Page 19]]
Hearing Officer seeks to obtain the witness' appearance. Because many
statutes prescribing civil penalties do not provide subpoena power,
there may be cases where a witness cannot be required to attend. In such
a case, the Hearing Officer may move the hearing to the witness'
location, accept a written statement, or accept a stipulation in lieu of
testimony. If none of these procedures is practical, the Hearing Officer
shall proceed on the basis of the evidence before him.
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by USCG-2002-12471,
67 FR 41331, June 18, 2002]
Sec. 1.07-55 Hearing procedures.
(a) The Hearing Officer must conduct a fair and impartial proceeding
in which the party is given a full opportunity to be heard. At the
outset of the hearing, the Hearing Officer insures that the party is
aware of the nature of the proceeding and of the alleged violation, and
of the provisions of the law or regulation allegedly violated.
(b) The material in the case file pertinent to the issues to be
determined by the Hearing Officer is presented. The party has the right
to examine, and to respond to or rebut, this material. The party may
offer any facts, statements, explanations, documents, sworn or unsworn
testimony, or other exculpatory items which bear on appropriate issues,
or which may be relevant to the size of an appropriate penalty. The
Hearing Officer may require the authentication of any written exhibit or
statement.
(c) At the close of the party's presentation of evidence, the
Hearing Officer may allow the introduction of rebuttal evidence. The
Hearing Officer may allow the party to respond to any such evidence
submitted.
(d) In receiving evidence, the Hearing Officer is not bound by
strict rules of evidence. In evaluating the evidence presented, the
Hearing Officer must give due consideration to the reliability and
relevance of each item of evidence.
(e) The Hearing Officer may take notice of matters which are subject
to a high degree of indisputability and are commonly known in the
community or are ascertainable from readily available sources of known
accuracy. Prior to taking notice of a matter, the Hearing Officer gives
the party an opportunity to show why notice should not be taken. In any
case in which notice is taken, the Hearing Officer places a written
statement of the matters as to which notice was taken in the record,
with the basis for such notice, including a statement that the party
consented to notice being taken or a summary of the party's objections.
(f) After the evidence in the case has been presented, the party may
present argument on the issues in the case. The party may also request
an opportunity to submit a written statement for consideration by the
Hearing Officer and for further review. The Hearing Officer shall allow
a reasonable time for submission of the statement and shall specify the
date by which it must be received. If the statement is not received
within the time prescribed, or within the limits of any extension of
time granted by the Hearing Officer, the Hearing Officer renders his
decision in the case.
Sec. 1.07-60 Records.
(a) A verbatim transcript will not normally be prepared. The Hearing
Officer prepares notes on the material and points raised by the party,
in sufficient detail to permit a full and fair review and resolution of
the case, should it be appealed.
(b) A party may, at its own expense, cause a verbatim transcript to
be made. If a verbatim transcript is made, the party shall submit two
copies to the Hearing Officer not later than the time of filing an
administrative appeal. The Hearing Officer includes them in the record.
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by USCG-2002-12471,
67 FR 41331, June 18, 2002]
Sec. 1.07-65 Hearing Officer's decisions.
(a) The Hearing Officer issues a written decision. Any decision to
assess a penalty is based upon substantial evidence in the record. If
the Hearing Officer finds that there is not substantial evidence in the
record establishing the alleged violation or some other violation of
which the party had full and fair notice, the Hearing Officer shall
[[Page 20]]
dismiss the case and remand it to the District Commander. A dismissal is
without prejudice to the District Commander's right to refile the case
and have it reheard if additional evidence is obtained. A dismissal
following a rehearing is final and with prejudice.
(b) If the Hearing Officer assesses a penalty, the Hearing Officer's
decision contains a statement advising the party of the right to an
administrative appeal. The party is advised that failure to submit an
appeal within the prescribed time will bar its consideration and that
failure to appeal on the basis of a particular issue will constitute a
waiver of that issue in any subsequent proceeding.
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by CGD 85-001A, 51 FR
19329, May 29, 1986]
Sec. 1.07-70 Right to appeal.
(a) Any appeal from the decision of the Hearing Officer must be
submitted by a party within 30 days from the date of receipt of the
decision. The appeal and any supporting brief must be submitted to the
Hearing Officer. The only issues which will be considered on appeal are
those issues specified in the appeal which were properly raised before
the Hearing Officer and jurisdictional questions.
(b) The failure to file an appeal within the prescribed time limit
results in the action of the Hearing Officer becoming the final agency
action in the case.
Sec. 1.07-75 Action on appeals.
(a) Upon receipt, the Hearing Officer provides a copy of the appeal
and any supporting brief to the District Commander who referred the
case. Any comments which the District Commander desires to submit must
be received by the Hearing Officer within 30 days. The Hearing Officer
includes the District Commander's comments, or not later than 30 days
after receipt of the appeal if no comments are submitted by the District
Commander, the Hearing Officer forwards all materials in the case to the
Commandant.
(b) The Commandant issues a written decision in each case and
furnishes copies to the party, the District Commander, and the Hearing
Officer, The Commandant may affirm, reverse, or modify the decision, or
remand the case for new or additional proceedings. In the absence of a
remand, the decision of the Commandant on appeal shall be final. In
addition to the actions which may be taken by the Commandant on appeal,
the Commandant may also remit, mitigate or suspend the assessment in
whole or in part. Upon the taking of remission, mitigation, or
suspension action, the Commandant will inform the party of the action
and any conditions placed on the action.
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by CGD 87-008a, 52 FR
17555, May 11, 1987]
Sec. 1.07-80 Reopening of hearings.
(a) At any time prior to final agency action in a civil penalty
case, a party may petition to reopen the hearing on the basis of newly
discovered evidence.
(b) Petitions to reopen must be in writing describing the newly
found evidence and must state why the evidence would probably produce a
different result favorable to the petitioner, whether the evidence was
known to the petitioner at the time of the hearing and, if not, why the
newly found evidence could not have been discovered in the exercise of
due diligence. The party must submit the petition to the Hearing
Officer.
(c) The District Commander may file comments in opposition to the
petition. If comments are filed, a copy is provided the party.
(d) A petition to reopen is considered by the Hearing Officer unless
an appeal has been filed, in which case the petition is considered by
the Commandant.
(e) The decision on the petition is decided on the basis of the
record, the petition, and the comments in opposition, if any. The
petition is granted only when newly found evidence is described which
has a direct and material bearing on the issues and when a valid
explanation is provided as to why the evidence was not and could not
have been, in the exercise of due diligence, produced at the hearing.
The decision is rendered in writing.
(f) Following a denial of a petition to reopen, the party is given
30 days to file an appeal if one has not already
[[Page 21]]
been filed, or to amend an appeal which has already been filed.
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by CGD 87-008a, 52 FR
17555, May 11, 1987]
Sec. 1.07-85 Collection of civil penalties.
(a) Payment of a civil penalty may be made by check or postal money
order payable to the U.S. Coast Guard.
(b) Within 30 days after receipt of the Commandant's decision on
appeal, or the Hearing Officer's decision in a case in which no appeal
has been filed, the party must submit payment of any assessed penalty to
the office specified in the assessment notice. Failure to make timely
payment will result in the institution of appropriate action under the
Federal Claims Collection Act and the regulations issued thereunder.
(c) When a penalty of not more than $200 has been assessed under
Chapter 43 or 123 of Title 46 U.S.C., the matter may be referred for
collection of the penalty directly to the Federal Magistrate of the
jurisdiction wherein the person liable may be found, for the institution
of collection procedures under supervision of the district court, if the
court has issued an order delegating such authority under section 636(b)
of Title 28, United States Code.
[CGD 87-008a, 52 FR 17555, May 11, 1987]
Sec. 1.07-90 Criminal penalties.
(a) Prosecution in the Federal courts for violations of those laws
or regulations enforced by the Coast Guard which provide, upon
conviction, for punishment by fine or imprisonment is a matter finally
determined by the Department of Justice. This final determination
consists of deciding whether and under what conditions to prosecute or
to abandon prosecution.
(b) Except in those cases where the approval of the Commandant is
required, the Area, Maintenance & Logistics Command (MLC), and District
Commanders are authorized to refer the case to the U.S. attorney. The
Commandant's approval is required in the following cases where evidence
of a criminal offense is disclosed:
(1) Marine casualties or accidents resulting in death.
(2) Marine Boards (46 CFR part 4).
(3) Violations of port security regulations (33 CFR parts 6, 121 to
126 inclusive).
(c) The Area, MLC, or District Commander will identify the laws or
regulations which were violated and make specific recommendations
concerning the proceedings to be instituted by the U.S. attorney in
every case.
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by USCG-2001-9286, 66
FR 33639, June 25, 2001]
Sec. 1.07-95 Civil and criminal penalties.
(a) If a violation of law or regulation carries both a civil and a
criminal penalty, the Area, MLC, and District Commanders are authorized
to determine whether to institute civil penalty proceedings or to refer
the case to the U.S. attorney for prosecution in accordance with Sec.
1.07-90.
(b) When the U.S. Attorney declines to institute criminal
proceedings, the Area, MLC, or District Commander decides whether to
initiate civil penalty proceedings or to close the case.
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by USCG-2001-9286, 66
FR 33639, June 25, 2001]
Sec. 1.07-100 Summons in lieu of seizure of commercial fishing industry
vessels.
(a) As used in this section, the following terms have the meanings
specified:
(1) Commercial fishing industry vessel means a fishing vessel, a
fish processing vessel, or a fish tender vessel as defined in 46 U.S.C.
2101 (11a), (11b), or (11c), respectively.
(2) Personal use quantity means a quantity of a controlled substance
as specified in 19 CFR 171.51.
(b) When a commercial fishing industry vessel is subject to seizure
for a violation of 21 U.S.C. 881(a)(4), (6), or (7); of 19 U.S.C.
1595a(a); or of 49 U.S.C. App. 782 and the violation involves the
possession of a personal use quantity of a controlled substance, the
vessel shall be issued a summons to appear as prescribed in subpart F of
19 CFR part 171 in lieu of seizure, provided that the vessel is:
(1) Proceeding to or from a fishing area or intermediate port of
call; or
[[Page 22]]
(2) Actively engaged in fishing operations.
[CGD 89-003, 54 FR 37615, Sept. 11, 1989]
Subpart 1.08_Written Warnings by Coast Guard Boarding Officers
Authority: 14 U.S.C. 633; 49 CFR 1.46(b).
Sec. 1.08-1 Applicability.
(a) The regulations in this subpart apply to certain violations of
the following statutes and regulations for which Coast Guard boarding
officers are authorized to issue written warnings instead of
recommending civil or criminal penalty procedures under subpart 1.07 of
this part:
(1) 46 CFR 25.05 whistles or other sound producing devices;
(2) 33 CFR part 175, subpart B and 46 CFR subpart 25.25, Personal
Flotation Devices.
(3) 46 CFR 25.35 backfire flame control;
(4) 46 CFR 25.40 ventilation;
(5) 33 CFR part 173 numbering;
(6) 46 U.S.C. 103, documented yachts;
(7) 33 CFR part 155 oil pollution prevention; and
(8) 46 CFR 25.30 fire extinguishers;
(9) 33 CFR part 159 marine sanitation devices;
(10) 33 CFR part 175 subpart C, Visual Distress Signals.
(11) 33 CFR 88.05 Copy of rules.
(b) The Commandant authorizes designated boarding officers to issue
warnings for certain minor violations of the statutes and regulations
listed in paragraph (a) of this section. Written warnings are not
authorized for all violations of these statutes and regulations.
(14 U.S.C. 633, 85 Stat. 228 (46 U.S.C. 1488); 86 Stat. 871 (33 U.S.C.
1322); 49 CFR 1.46(b), (m), and (n)(1))
[CGD 74-155, 41 FR 17894, Apr. 29, 1976, as amended by CGD 77-182, 43 FR
22657, May 25, 1978; CGD 82-040, 47 FR 21042, May 17, 1982; CGD 85-009,
50 FR 10761, Mar. 18, 1985]
Sec. 1.08-5 Procedures.
(a) A written warning may be issued where the boarding officer
determines that:
(1) The observed violation is a first offense; and
(2) The operator states that the violation will be promptly
corrected.
(b) A written warning may not be issued where:
(1) The operator is required to be licensed;
(2) The violation is a failure to have required safety equipment on
board; or
(3) The boarding officer notes three or more violations during one
boarding.
(c) Each district office maintains a record of each written warning
issued within that district for a period of not more than one year after
date of issue except in cases involving violations of 33 CFR part 159
marine sanitation devices, records of which are maintained by each
district office for not more than three years after date of issue.
(d) The district commander of the district in which the warning is
issued may rescind a written warning and institute civil penalty action
under Sec. 1.07-9 of this part if a record check discloses a prior
written warning or violation issued within one year or in the case of a
violation of 33 CFR part 159 a prior written warning or violation issued
within three years.
(e) Within 15 days after the date of issue, any person issued a
written warning by a Coast Guard boarding officer may appeal the
issuance of the warning to the district commander by providing in
writing or in person any information that denies, explains, or mitigates
the violations noted in the warning.
(f) Each written warning shall indicate that:
(1) The warning is kept on file for a period of not more than one
year after date of issue or in the case of a violation of 33 CFR part
159 a period of not more than three years for reference in determining
appropriate penalty action if there is a subsequent violation;
(2) If a record check reveals a prior written warning or violation
within the time period designated in Sec. 1.08-5(d) of this part, the
warning may be revoked and civil penalty action instituted;
(3) If an additional violation occurs within the time period
designated in Sec. 1.08-5(d) the warning may be used as a basis for the
assessment of a higher
[[Page 23]]
penalty for the subsequent violation; and
(4) Within 15 days after the date of issue, the person who is issued
the warning may appeal to the District Commander by providing in writing
or in person any information or material that denies, explains, or
mitigates the violations noted in the warning.
(14 U.S.C. 633; 85 Stat. 228 (46 U.S.C. 1488); 86 Stat. 871 (33 U.S.C.
1322); 49 CFR 1.46 (b), (m), and (n)(1))
[CGD 74-155, 41 FR 17894, Apr. 29, 1976, as amended by CGD 77-182, 43 FR
22657, May 25, 1978]
Subpart 1.10_Public Availability of Information
Authority: 5 U.S.C. 552, 14 U.S.C. 633, sec. 6(b)(1), 80 Stat. 937
(49 U.S.C. 1655(b)(1)); 49 CFR 1.46(b).
Source: CGD-73-54R, 38 FR 12396, May 11, 1973, unless otherwise
noted.
Sec. 1.10-1 Official records and documents.
Identifiable records and documents of the Coast Guard are made
available to the public in accordance with the Department of
Transportation regulations contained in part 7 of title 49, Code of
Federal Regulations.
Sec. 1.10-5 Public availability of records and documents.
(a) Each person desiring to inspect a record or document covered by
this subpart that is located in Headquarters, or to obtain a copy of
such a record or document, must make a written request to the Chief,
Office of Information Management, U.S. Coast Guard Headquarters, 2100
Second Street SW., Washington, DC 20593-0001.
(b) Each person desiring to inspect a record or document covered by
this subpart that is located in a Coast Guard district, or to obtain a
copy of such a record or document, must make a written request to the
district commander in command of the district, or to the officer-in-
charge of the appropriate marine inspection zone. Coast Guard districts
and marine inspection zones are listed in part 3 of this chapter.
(c) If the person making the request does not know where in the
Coast Guard the record or document is located, he may send his request
to the Chief, Office of Information Management, at the address in
paragraph (a) of this section.
[CGD-73-54R, 38 FR 12396, May 11, 1973, as amended by CGD 96-026, 61 FR
33662, June 28, 1996]
Subpart 1.20_Testimony by Coast Guard Personnel and Production of
Records in Legal Proceedings
Authority: 5 U.S.C. 301; 14 U.S.C. 632, 633, 49 U.S.C. 322; 49 CFR
1.46 and part 9.
Sec. 1.20-1 Testimony by Coast Guard personnel and production of records.
(a) The regulations in 49 CFR part 9 apply to the testimony of Coast
Guard personnel, production of Coast Guard records, and service of
process in legal proceedings.
(b) Except for the acceptance of service of process or pleadings
under paragraph (d) of this section and 49 CFR 9.19, the Legal Officer
of each Maintenance and Logistics Command, each District Legal Officer,
and the Legal Officer assigned to any other Coast Guard unit or command,
for matters involving personnel assigned to their command, are delegated
the functions of ``agency counsel'' described in 49 CFR part 9.
(c) A request for a member or employee of the Coast Guard to
testify, or for permission to interview such a member or employee,
should be made to the Legal officer serving the command to which that
member or employee is assigned, or, if the member or employee is serving
at Coast Guard Headquarters, or with a command receiving legal services
from the Chief counsel, U.S. Coast Guard, to the Chief, Office of Claims
and Litigation. Should the member or employee no longer be employed by
the Coast Guard, and the testimony or information sought falls within
the provisions of 49 CFR part 9, the request should be made to the
District Legal Officer serving the geographic area where the former
member
[[Page 24]]
or employee resides or, if no District Legal Officer has geographic
responsibility, to the Chief, Office of Claims and Litigation.
(d) Process or pleadings in any legal proceeding concerning the
Coast Guard may be served, at the option of the server, on the Chief
Counsel or the Deputy Chief Counsel of the Coast Guard with the same
effect as if served on the Commandant of the Coast Guard. The official
accepting the service under this section acknowledges the service and
takes further action as appropriate.
(80 Stat. 383, as amended, sec. 1, 33 Stat. 1022, as amended, sec. 9, 80
Stat. 944; 5 U.S.C. 552, 14 U.S.C. 632, 633, 46 U.S.C. 375, 416, 49
U.S.C. 1657 (a) and (e); 49 CFR 1.46, and part 9)
[CGFR 71-30, 36 FR 8732, May 12, 1971, as amended by CGD 95-057, 60 FR
34150, June 30, 1995; USCG-1998-3799, 63 FR 35525, June 30, 1998]
Subpart 1.25_Fees and Charges for Certain Records and Services
Authority: 5 U.S.C. 552; 14 U.S.C. 633; 49 CFR 1.46.
Sec. 1.25-1 Purpose.
(a) The regulations in this subpart established fees and charges
which shall be imposed by the Coast Guard for making copies or excerpts
of information or records, and for issuing certain duplicate documents,
certificates, or licenses.
(b) These fees and charges are imposed as required by Title V of the
Independent Offices Appropriation Act of 1952 (Sec. 501, 65 Stat. 290,
31 U.S.C. 483a). This Act states that it is the sense of Congress that
fees and charges shall be charged for services rendered the public by
Federal agencies in order that such services may be performed on a self-
sustaining basis to the fullest extent possible.
Sec. 1.25-30 Exceptions.
(a) The general policies and instructions of the Bureau of the
Budget specify when certain services as specifically described in this
subpart will be furnished without charge.
(b) The fees and charges prescribed in this subpart are not
applicable when requested by, or furnished to, the following persons, or
under the following circumstances:
(1) A person who donated the original document.
(2) A person who has an official, voluntary or cooperative
relationship to the Coast Guard in rendering services promoting safety
of life and property.
(3) Any agency, corporation or branch of the Federal Government.
(4) A person found guilty by an administrative law judge receives
one copy of the transcript of the hearing if he:
(i) Files a notice of appeal, under 46 CFR 5.30-1; and
(ii) Requests a copy of the transcript.
(5) A person who has been required to furnish personal documents
retained by the Coast Guard.
(6) For other exceptions see 49 CFR 7.97.
(31 U.S.C. 483a; 49 U.S.C. 1655(b)(1); 49 CFR 1.46(b))
[CGFR 67-13, 32 FR 11211, Aug. 2, 1967, as amended by CGD 76-124, 42 FR
23507, May 9, 1977]
Sec. 1.25-40 Fees for services for the public.
The fees for services performed for the public, as prescribed in
sections 552(a) (2) and (3) of title 5, United States Code, by the
Department of Transportation are in subpart I of title 49, Code of
Federal Regulations. The fee schedule for these services is contained in
49 CFR 7.95. The applicable fees are imposed and collected by the Coast
Guard as prescribed in 49 CFR 7.93.
(Title V, 65 Stat. 268, 290; sec. 6(b)(1), 80 Stat. 937; 31 U.S.C. 483a;
49 U.S.C. 1655(b)(1); 49 CFR 1.46(b))
[CGD 72-62R, 37 FR 20166, Sept. 27, 1972; 37 FR 21481, Oct. 12, 1972, as
amended by 40 FR 23743, June 2, 1975; CGD 77-065, 42 FR 31169, June 20,
1977; CGD 89-085, 55 FR 23930, June 13, 1990; CGD 91-002, 58 FR 15236,
Mar. 19, 1993]
Sec. 1.25-45 Special admeasurement services.
If an admeasurer is assigned to measure or certify the tonnage of a
vessel at the request of the owner thereof at a place other than a port
of entry, a custom station, or port where an officer-
[[Page 25]]
in-charge, marine inspection, is located, the owner shall pay the
admeasurer's:
(a) Pay based on the hourly rate for the grade or level of position
held or the daily military compensation rate, as appropriate;
(b) Travel expense based on the estimated cost of travel from and
return to the nearest port of entry, customs station, or office of an
officer-in-charge, marine inspection; and
(c) Daily subsistence expense from the time he leaves his official
duty station until he returns thereto.
(Title V, 65 Stat. 268, 290; sec. 6(b)(1), 80 Stat. 937; 31 U.S.C. 483a;
49 U.S.C. 1655(b)(1); 49 CFR 1.46(b))
[CGD 72-62R, 37 FR 20166, Sept. 27, 1972]
Sec. 1.25-48 Oceanographic research.
(a) Each person allowed by the Coast Guard to join a Coast Guard
voyage for the purpose of oceanographic research is charged the cost of
each meal that he consumes while on board the Coast Guard vessel.
(b) The person, company, association, or government agency engaging
a Coast Guard vessel for an oceanographic research study is charged the
daily cost of operating the vessel.
(Title V, 65 Stat. 268, 290; sec. 6(b)(1), 80 Stat. 937; 31 U.S.C. 483a;
49 U.S.C. 1655(b)(1); 49 CFR 1.46(b))
[CGD 72-62R, 37 FR 20167, Sept. 27, 1972]
Sec. 1.25-80 Payment of fees, charges or sales.
(a) The payment of fees and charges must be made by postal money
order or check payable to the ``Treasurer of the United States'' or
``U.S. Coast Guard,'' and sent to the office of the Coast Guard
performing the service or furnishing or delivering the record, document,
or certificate. If copy is to be transmitted by registered, air, or
special delivery mail, postal fees therefor will be added to fees
provided in this subpart (or the order must include postage stamps or
stamped return envelopes).
(b) The fee is payable in advance.
[CGFR 67-13, 32 FR 11211, Aug. 2, 1967]
Subpart 1.26_Charges for Duplicate Medals, and Sales of Personal
Property, Equipment or Services and Rentals
Authority: 14 U.S.C. 633; 49 CFR 1.46(k).
Source: CGFR 67-13, 32 FR 11211, Aug. 2, 1967, unless otherwise
noted.
Sec. 1.26-1 Purpose.
(a) The regulations in this subpart establish charges which shall be
imposed by the Coast Guard when the Coast Guard sells supplies,
equipment, apparatus, temporary shelter, and services under certain
specified conditions as authorized by law.
(b) These sales are intended to permit repayment of costs involved
in those instances which are ordinarily outside the scope of those
distress services with which the Coast Guard is primarily concerned (14
U.S.C. 88), or the equipment and apparatus are not readily procurable in
the open market.
Sec. 1.26-5 Replacement of medals.
(a) A medal, or a bar, emblem, or insignia in lieu thereof, that is
lost, destroyed, or rendered unfit for use without fault or neglect on
the part of the person to whom it was awarded by the Coast Guard is
replaced without charge by the Coast Guard as authorized in 14 U.S.C.
501.
(b) A medal, a bar, emblem or insignia in lieu thereof, that is
lost, destroyed, or rendered unfit for use due to the fault or neglect
of the person to whom it was awarded, is replaced after the Coast Guard
is reimbursed for its cost. Current prices may be obtained from
Commandant (G-WPM-3), 2100 2nd St. SW. Washington, DC 20593.
(Sec. 1, 63 Stat. 537, 545; sec. 6(b)(1), 80 Stat. 937; 14 U.S.C. 501,
633; 49 U.S.C. 1655(b)(1); 49 CFR 1.46(b))
[CGD 72-207R, 37 FR 25167, Nov. 28, 1972 as amended by CGD 85-077, 51 FR
25366, July 14, 1986; CGD 96-026, 61 FR 33662, June 28, 1996]
Sec. 1.26-10 Sales to Coast Guard Auxiliary.
(a) The provisions of Title 14, U.S. Code, section 891, authorizes
the Coast Guard to furnish the Coast Guard Auxiliary such items as
flags, pennants, uniforms, and insignia at actual cost.
[[Page 26]]
(b) Sales of the following items (when available) are permitted to
members of the Auxiliary:
(1) Auxiliary flags and pennants.
(2) Uniforms.
(3) Auxiliary insignia.
(Sec. 891, 63 Stat. 557 (14 U.S.C. 891)).
Sec. 1.26-15 Sales of nonexcess personal property and services.
(a) Authority. The provisions of Title 14, U.S. Code, section
641(b), authorizes the Coast Guard to sell apparatus or equipment
manufactured by or in use in the Coast Guard, which is not readily
procurable in the open market. The provisions of Title 14, U.S. Code,
section 654 (Pub. L. 86-159 approved Aug. 14, 1959), authorize the Coast
Guard to sell supplies and furnish services to public and commercial
vessels, and other watercraft. 49 U.S.C. 44502(d) authorizes the Coast
Guard to provide for assistance, the sale of fuel, oil, equipment, and
supplies, to an aircraft when necessary to allow the aircraft to
continue to the nearest private airport.
(b) Charges established by District Commander. The charges for
supplies and services which may be normally expected to be furnished to
persons, corporations, companies, vessels, and other watercraft, and
non-Federal aircraft will vary between various geographical regions
depending on local circumstances. The District Commander is hereby
delegated authority to prescribe and he shall establish, in advance
wherever practicable, the charges to be imposed and collected in various
areas under his jurisdiction, which will be in accordance with the
applicable general minimum terms and conditions in the laws and this
section. In those cases where the charges have not been established in
advance, the matter shall be priced on an individual basis, taking into
consideration the facts and circumstances regarding the situation. The
list(s) of charges established by the District Commander shall be
available for reading and copying at the office of the issuing District
Commander, which list(s) will be up-dated and reissued when necessary.
(c) Sales to vessels and other watercraft. (1) The charges imposed
for services are intended to permit repayment of costs involved in those
instances where supplies and services are furnished to meet the
necessities of the circumstances, and such vessels or watercraft are not
within the scope of those distress services performed by the Coast
Guard.
(2) Charges for sales of supplies and/or furnishing of services are
considered appropriate when the furnishing of food, fuel, general
stores, or repairs to the vessel or its equipage are primarily for the
convenience of the owner, master, or crew, and furnished at his or their
request. It is not intended and the Coast Guard does not procure and
stock equipment and supplies except as provided for in current
instructions issued by competent authority.
(3) Supplies provided and services performed will be of a limited
nature consistent with the situation and within the capabilities of the
Coast Guard unit concerned; provided this will not be in competition
with commercial enterprise when such facilities are available and deemed
adequate. It is not intended to permit the operators of vessels or
watercraft to take advantage of the Government by demanding free
supplies or services. Determination as to whether charges will be made
is dependent upon the circumstances involved in each instance. The
responsibility to make this determination rests with the District
Commander who may delegate it to his subordinates.
(4) The minimum charge for any supplies or services furnished to a
vessel or other watercraft shall be $10. The prices for fuels and
materials which may be sold will be at Coast Guard cost plus 20 percent
or, if readily determinable, at the commercial price in the immediate
operating area, whichever is higher. The charges for services furnished
a vessel or watercraft will be an average cost equal to the full price,
plus taxes, that a boat owner would pay a local commercial concern for
such services.
(5) The sales of supplies and services will be documented and will
set forth the name, type, and identifying number of the vessel or
watercraft receiving supplies or services; name and address of vessel's
owner; and conditions under which it was determined to make a sale to
the vessel or watercraft. Wherever possible, payment shall be
[[Page 27]]
obtained at the time supplies and services are furnished.
(d) Sales of equipment not readily procurable on the open market.
Charges imposed for sales of apparatus and equipment manufactured by or
in use in the Coast Guard which, in the opinion of the Commandant (FS),
is not readily procurable in the open market, are subject to the
following conditions:
(1) The apparatus or equipment has not been reported as excess to
the General Services Administration (if so reported, requests to
purchase will be submitted by the Commandant (FS) to the General
Services Administration); and,
(2) The apparatus or equipment is not classified for security
reasons or is not dangerous to the public health and safety; and,
(3) The authorized buyers of this apparatus or equipment are
foreign, State, or municipal governments or governmental units thereof;
parties required to maintain private aids to navigation; contractors
engaged on public works; and in other cases in which, in the judgment of
the Commandant (FS), the public interest may be served; and,
(4) The approved sales will be at prices determined by the
Commandant (FS), which will include an overhead charge not to exceed 25
percent of acquisition cost.
(e) Sales to and storage of non-Federal aircraft. (1) Activities
having the necessary supplies and facilities are authorized to furnish
fuel, oil, equipment, supplies, mechanical services, temporary storage,
or other assistance to any aircraft operated by State, municipal, or
private enterprise in emergency cases. Complete engines, airplane wings,
or other major items of equipment shall not be furnished without prior
authority from the Commandant.
(2) Aircraft damaged to the extent that major repairs are required
may be given emergency storage at the request of the pilot, provided the
necessary facilities are available. No such aircraft will be given a
major or minor overhaul. Damaged aircraft may be stored in its original
damaged condition. If aircraft requires extensive repairs, such as would
include the replacing of major parts and such major parts cannot be made
available or supplied within a reasonable length of time by the operator
of such aircraft, then the aircraft must be removed from the Coast Guard
reservation by the operator without delay.
(3) The Government will not assume any responsibility for any loss
or damage incurred by such aircraft while on a Coast Guard reservation
and the owner shall be required to remove the aircraft from the
reservation at the earliest practicable date.
(4) Storage charges for such aircraft on a Coast Guard reservation
shall be as follows:
(i) For the first 6 working days, no charge;
(ii) For each calendar day thereafter, $3 for a single motor plane
and $5 for a dual or multiengine plane.
(5) In the absence of any information to the contrary regarding a
particular item or material, the price at which the item is carried in
stock, or on the Plant Property Record (book price) will be regarded as
the fair market value.
(6) When materials or services or both materials and services are
furnished an aircraft, a deposit equal to the estimated value of such
services and materials as will be required shall be obtained in advance
of the rendition of the services and issuance of the materials.
(7) The charges for mechanical services rendered (other than in
connection with the arrival, refueling, and departure of airplanes)
shall be an hourly charge for labor, with a minimum of 1 hour, which
shall be the equivalent to the schedule of wage rates for civilian
personnel for the district (i.e., machinists, helpers, etc.), regardless
of whether the services are performed by enlisted or civilian personnel.
(Sec. 1107, 72 Stat. 798, as amended; sec. 641, 63 Stat. 547, as
amended; sec. 1, 73 Stat. 357; 49 U.S.C. 1507; 14 U.S.C. 641(b), 654)
[CGFR 67-13, 32 FR 11211, Aug. 2, 1967, as amended by USCG-1998-3799, 63
FR 35525, June 30, 1998]
Sec. 1.26-20 Sales to eligible foreign governments.
(a) Policy of United States. The Congressional policy is set forth
in Title
[[Page 28]]
22, U.S. Code, section 2351. The Executive Order No. 10973 dated
November 3, 1961 (26 FR 10469), describes the administration of foreign
assistance and related functions.
(b) Diplomatic transactions. Sales of Coast Guard material under
reimbursable aid will be by direction of the Commandant (FS) and as
approved by the Office of the Chief of Naval Operations. Reimbursable
aid transactions are diplomatic transactions and are negotiated
primarily between the respective foreign military attach[eacute] or
other representatives of their embassy in Washington, DC, and the Office
of the Chief of Naval Operations. Prices will be based on material cost
only and estimates will not include packing, crating, and handling or
transportation costs. Under reimbursable aid, transportation costs are
borne by the purchasing country and shipments are usually accomplished
on collect commercial bills of lading.
Sec. 1.26-25 Payment of charges.
(a) The payment of charges shall be by postal money order or check
payable to ``U.S. Coast Guard,'' and given or sent to the office of the
Coast Guard performing the service or furnishing the supplies,
equipment, etc.
PART 2_JURISDICTION--Table of Contents
Subpart A_General
Sec.
2.1 Purpose.
2.5 Specific definitions control.
Subpart B_Jurisdictional Terms
2.20 Territorial sea baseline.
2.22 Territorial sea.
2.24 Internal waters.
2.26 Inland waters.
2.28 Contiguous zone.
2.30 Exclusive Economic Zone.
2.32 High seas.
2.34 Waters subject to tidal influence; waters subject to the ebb and
flow of the tide; mean high water.
2.36 Navigable waters of the United States, navigable waters,
territorial waters.
2.38 Waters subject to the jurisdiction of the United States; waters
over which the United States has jurisdiction.
Subpart C_Availability of Jurisdictional Decisions
2.40 Maintenance of decisions.
2.45 Decisions subject to change or modification and availability of
lists and charts.
Authority: 14 U.S.C. 633; 33 U.S.C. 1222; Pub. L. 89-670, 80 Stat.
931, 49 U.S.C. 108; Pub. L. 107-296, 116 Stat. 2135, 2249, 6 U.S.C. 101
note and 468; Department of Homeland Security Delegation No. 0170.1.
Source: USCG-2001-9044, 68 FR 42598, July 18, 2003, unless otherwise
noted.
Subpart A_General
Sec. 2.1 Purpose.
(a) The purpose of this part is to define terms the Coast Guard uses
in regulations, policies, and procedures, to determine whether it has
jurisdiction on certain waters in cases where specific jurisdictional
definitions are not otherwise provided.
(b) Figure 2.1 is a visual aid to assist you in understanding this
part.
[[Page 29]]
[GRAPHIC] [TIFF OMITTED] TR18JY03.046
Sec. 2.5 Specific definitions control.
In cases where a particular statute, regulation, policy or procedure
provides a specific jurisdictional definition that differs from the
definitions contained in this part, the former definition controls.
Note to Sec. 2.5: For example, the definition of ``inland waters''
in the Inland Navigational Rules Act of 1980 (33 U.S.C. 2003(o)) would
control the interpretation of inland
[[Page 30]]
navigation rules created under that Act and the ``inland waters''
definition in 46 CFR 10.103 would control regulations in 46 CFR part 10.
Also, in various laws administered and enforced by the Coast Guard, the
terms ``State'' and ``United States'' are defined to include some or all
of the territories and possessions of the United States. The definitions
in Sec. Sec. 2.36 and 2.38 should be considered as supplementary to
these statutory definitions and not as interpretive of them.
Subpart B_Jurisdictional Terms
Sec. 2.20 Territorial sea baseline.
Territorial sea baseline means the line defining the shoreward
extent of the territorial sea of the United States drawn according to
the principles, as recognized by the United States, of the Convention on
the Territorial Sea and the Contiguous Zone, 15 U.S.T. 1606, and the
1982 United Nations Convention on the Law of the Sea (UNCLOS), 21 I.L.M.
1261. Normally, the territorial sea baseline is the mean low water line
along the coast of the United States.
Note to Sec. 2.20: Charts depicting the territorial sea baseline
are available for examination in accordance with Sec. 1.10-5 of this
chapter.
Sec. 2.22 Territorial sea.
(a) With respect to the United States, the following apply--
(1) Territorial sea means the waters, 12 nautical miles wide,
adjacent to the coast of the United States and seaward of the
territorial sea baseline, for--
(i) Statutes included within subtitle II and subtitle VI, title 46,
U.S.C.; the Ports and Waterways Safety Act, as amended (33 U.S.C. 1221-
1232); the Act of June 15, 1917, as amended (50 U.S.C. 191-195); and the
Vessel Bridge-to-Bridge Radiotelephone Act (33 U.S.C. 1201-1208), and
any regulations issued under the authority of these statutes.
(ii) Purposes of criminal jurisdiction pursuant to Title 18, United
States Code.
(iii) The special maritime and territorial jurisdiction as defined
in 18 U.S.C. 7.
(iv) Interpreting international law.
(v) Any other treaty, statute, or regulation, or amendment thereto,
interpreted by the Coast Guard as incorporating the definition of
territorial sea as being 12 nautical miles wide, adjacent to the coast
of the United States and seaward of the territorial sea baseline.
(2) Unless otherwise specified in paragraph (a)(1) of this section,
territorial sea means the waters, 3 nautical miles wide, adjacent to the
coast of the United States and seaward of the territorial sea baseline.
(3) In cases where regulations are promulgated under the authority
of statutes covered by both paragraphs (a)(1) and (a)(2) of this
section, the Coast Guard may use the definition of territorial sea in
paragraph (a)(1) of this section.
(b) With respect to any other nation, territorial sea means the
waters adjacent to its coast that have a width and baseline recognized
by the United States.
[USCG-2001-9044, 68 FR 42598, July 18, 2003, as amended by USCG-2003-
14792, 68 FR 60470, Oct. 22, 2003]
Sec. 2.24 Internal waters.
(a) With respect to the United States, internal waters means the
waters shoreward of the territorial sea baseline.
(b) With respect to any other nation, internal waters means the
waters shoreward of its territorial sea baseline, as recognized by the
United States.
Sec. 2.26 Inland waters.
Inland waters means the waters shoreward of the territorial sea
baseline.
Sec. 2.28 Contiguous zone.
(a) For the purposes of the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.), contiguous zone means the zone, 9 nautical miles
wide, adjacent to and seaward of the territorial sea, as defined in
Sec. 2.22(a)(2), that was declared to exist in Department of State
Public Notice 358 of June 1, 1972 and that extends from 3 nautical miles
to 12 nautical miles as measured from the territorial sea baseline.
(b) For all other purposes, contiguous zone means all waters within
the area adjacent to and seaward of the territorial sea, as defined in
Sec. 2.22(a), and extending to 24 nautical miles from the territorial
sea baseline, but in no case extending within the territorial sea of
[[Page 31]]
another nation, as declared in Presidential Proclamation 7219 of
September 2, 1999 (113 Stat. 2138).
Sec. 2.30 Exclusive Economic Zone.
(a) With respect to the United States, including the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam,
American Samoa, the United States Virgin Islands, and any other
territory or possession over which the United States exercises
sovereignty, exclusive economic zone means the zone seaward of and
adjacent to the territorial sea, as defined in Sec. 2.22(a), including
the contiguous zone, and extending 200 nautical miles from the
territorial sea baseline (except where otherwise limited by treaty or
other agreement recognized by the United States) in which the United
States has the sovereign rights and jurisdiction and all nations have
the high seas freedoms mentioned in Presidential Proclamation 5030 of
March 10, 1983.
(b) Under customary international law as reflected in Article 56 of
the 1982 United Nations Convention on the Law of the Sea, and with
respect to other nations, exclusive economic zone means the waters
seaward of and adjacent to the territorial sea, not extending beyond 200
nautical miles from the territorial sea baseline, as recognized by the
United States.
Sec. 2.32 High seas.
(a) For purposes of special maritime and territorial jurisdiction of
the United States as defined in 18 U.S.C. 7, high seas means all waters
seaward of the territorial sea baseline.
(b) For the purposes of section 2 of the Act of February 19, 1895,
as amended (33 U.S.C. 151) and the Inland Navigational Rules Act of 1980
(33 U.S.C. Chapter 34), high seas means the waters seaward of any lines
established under these statutes, including the lines described in part
80 of this chapter and 46 CFR part 7.
(c) For the purposes of 14 U.S.C. 89(a), and 33 U.S.C. 1471 et.
seq., high seas includes the exclusive economic zones of the United
States and other nations, as well as those waters that are seaward of
territorial seas of the United States and other nations.
(d) Under customary international law as reflected in the 1982
United Nations Convention on the Law of the Sea and without prejudice to
high seas freedoms that may be exercised within exclusive economic zones
pursuant to article 58 of the United Nations Convention on the Law of
the Sea, and unless the context clearly requires otherwise (e.g., The
International Convention Relating to Intervention on the High Seas in
Cases of Oil Pollution Casualties, 1969, including annexes thereto),
high seas means all waters that are not the exclusive economic zone (as
defined in Sec. 2.30), territorial sea (as defined in Sec. 2.22), or
internal waters of the United States or any other nation.
Sec. 2.34 Waters subject to tidal influence; waters subject to the ebb
and flow of the tide; mean high water.
(a) Waters subject to tidal influence and waters subject to the ebb
and flow of the tide are waters below mean high water. These terms do
not include waters above mean high water caused by flood flows, storms,
high winds, seismic waves, or other non-lunar phenomena.
(b) Mean high water is the average of the height of the diurnal high
water at a particular location measured over a lunar cycle of 19 years.
Sec. 2.36 Navigable waters of the United States, navigable waters, and
territorial waters.
(a) Except as provided in paragraph (b) of this section, navigable
waters of the United States, navigable waters, and territorial waters
mean, except where Congress has designated them not to be navigable
waters of the United States:
(1) Territorial seas of the United States;
(2) Internal waters of the United States that are subject to tidal
influence; and
(3) Internal waters of the United States not subject to tidal
influence that:
(i) Are or have been used, or are or have been susceptible for use,
by themselves or in connection with other waters, as highways for
substantial interstate or foreign commerce, notwithstanding natural or
man-made obstructions that require portage, or
[[Page 32]]
(ii) A governmental or non-governmental body, having expertise in
waterway improvement, determines to be capable of improvement at a
reasonable cost (a favorable balance between cost and need) to provide,
by themselves or in connection with other waters, as highways for
substantial interstate or foreign commerce.
(b) Navigable waters of the United States and navigable waters, as
used in sections 311 and 312 of the Federal Water Pollution Control Act,
as amended, 33 U.S.C. 1321 and 1322, mean:
(1) Navigable waters of the United States as defined in paragraph
(a) of this section and all waters within the United States tributary
thereto; and
(2) Other waters over which the Federal Government may exercise
Constitutional authority.
Sec. 2.38 Waters subject to the jurisdiction of the United States;
waters over which the United States has jurisdiction.
Waters subject to the jurisdiction of the United States and waters
over which the United States has jurisdiction mean the following
waters--
(a) Navigable waters of the United States, as defined in Sec.
2.36(a).
(b) Waters, other than those under paragraph (a) of this section,
that are located on lands for which the United States has acquired title
or controls and--
(1) Has accepted jurisdiction according to 40 U.S.C. 255; or
(2) Has retained concurrent or exclusive jurisdiction from the date
that the State in which the lands are located entered the Union.
(c) Waters made subject to the jurisdiction of the United States by
operation of the international agreements and statutes relating to the
former Trust Territory of the Pacific Islands, and waters within the
territories and possessions of the United States.
Subpart C_Availability of Jurisdictional Decisions
Sec. 2.40 Maintenance of decisions.
(a) From time to time, the Coast Guard makes navigability
determinations of specific waterways, or portions thereof, in order to
determine its jurisdiction on those waterways. Copies of these
determinations are maintained by the District Commander in whose
district the waterway is located.
(b) If the district includes portions of the territorial sea, charts
reflecting Coast Guard decisions as to the location of the territorial
sea baseline for the purposes of Coast Guard jurisdiction are maintained
by the District Commander in whose district the portion of the
territorial sea is located.
Sec. 2.45 Decisions subject to change or modification and availability
of lists and charts.
The determinations referred to in Sec. 2.40 are subject to change
or modification. The determinations are made for Coast Guard use at the
request of Coast Guard officials. Determinations made or subsequently
changed are available to the public under Sec. 1.10-5(b) of this
chapter. Inquiries concerning whether a determination has been made for
specific waters, for the purposes of Coast Guard jurisdiction, should be
directed to the District Commander of the district in which the waters
are located.
PART 3_COAST GUARD AREAS, DISTRICTS, MARINE INSPECTION ZONES, AND
CAPTAIN OF THE PORT ZONES--Table of Contents
Subpart 3.01_General Provisions
Sec.
3.01-1 General description.
3.01-5 Assignment of functions.
Subpart 3.04_Coast Guard Areas
3.04-1 Atlantic Area.
3.04-3 Pacific Area.
Subpart 3.05_First Coast Guard District
3.05-1 First district.
3.05-10 Boston Marine Inspection Zone and Captain of the Port Zone.
3.05-15 Portland, Maine Marine Inspection Zone and Captain of the Port
Zone.
3.05-20 Providence Marine Inspection Zone and Captain of the Port Zone.
3.05-30 New York Marine Inspection Zone and Captain of the Port Zone.
3.05-35 Long Island Sound Marine Inspection and Captain of the Port
Zone.
Subpart 3.25_Fifth Coast Guard District
3.25-1 Fifth district.
[[Page 33]]
3.25-05 Philadelphia Marine Inspection Zone and Captain of the Port
Zone.
3.25-10 Hampton Roads Marine Inspection Zone and Captain of the Port
Zone.
3.25-15 Baltimore Marine Inspection Zone and Captain of the Port Zone.
3.25-20 Wilmington Marine Inspection Zone and Captain of the Port Zone.
Subpart 3.35_Seventh Coast Guard District
3.35-1 Seventh district.
3.35-10 Miami Marine Inspection Zone and Captain of the Port Zone.
3.35-15 Charleston Marine Inspection Zone and Captain of the Port Zone.
3.35-20 Jacksonville Marine Inspection Zone and Captain of the Port
Zone.
3.35-25 San Juan Marine Inspection Zone and Captain of the Port Zone.
3.35-30 Savannah Marine Inspection Zone and Captain of the Port Zone.
3.35-35 Tampa Marine Inspection Zone and Captain of the Port Zone.
Subpart 3.40_Eighth Coast Guard District
3.40-1 Eighth district.
3.40-10 Mobile Marine Inspection Zone and Captain of the Port Zone.
3.40-15 New Orleans Marine Inspection Zone and Captain of the Port Zone.
3.40-17 Morgan City Marine Inspection Zone and Captain of the Port Zone.
3.40-20 Port Arthur Marine Inspection Zone and Captain of the Port Zone.
3.40-28 Houston-Galveston Marine Inspection Zone and Captain of the Port
Zone.
3.40-35 Corpus Christi Marine Inspection Zone and Captain of the Port
Zone.
3.40-40 St. Louis Marine Inspection Zone and Captain of the Port Zone.
3.40-45 Paducah Marine Inspection Zone and Captain of the Port Zone.
3.40-50 Huntington Marine Inspection Zone and Captain of the Port Zone.
3.40-55 Louisville Marine Inspection Zone and Captain of the Port Zone.
3.40-60 Memphis Marine Inspection Zone and Captain of the Port Zone.
3.40-65 Pittsburgh Marine Inspection Zone and Captain of the Port Zone.
Subpart 3.45_Ninth Coast Guard District
3.45-1 Ninth district.
3.45-5 Cleveland Marine Inspection Zone and Captain of the Port Zone.
3.45-10 Buffalo Marine Inspection Zone and Captain of the Port Zone.
3.45-15 Chicago Marine Inspection Zone and Captain of the Port Zone.
3.45-20 Detroit Marine Inspection Zone and Captain of the Port Zone.
3.45-25 Duluth Marine Inspection Zone and Captain of the Port Zone.
3.45-30 Milwaukee Marine Inspection Zone and Captain of the Port Zone.
3.45-45 Sault Ste. Marie Marine Inspection Zone and Captain of the Port
Zone.
3.45-50 Toledo Marine Inspection Zone and Captain of the Port Zone.
Subpart 3.55_Eleventh Coast Guard District
3.55-1 Eleventh district.
3.55-10 Los Angeles-Long Beach Marine Inspection Zone and Captain of the
Port Zone.
3.55-15 San Diego Marine Inspection Zone and Captain of the Port Zone.
3.55-20 San Francisco Bay Marine Inspection Zone and Captain of the Port
Zone.
Subpart 3.65_Thirteenth Coast Guard District
3.65-1 Thirteenth district.
3.65-10 Puget Sound Marine Inspection Zone and Captain of the Port Zone.
3.65-15 Portland, Oregon, Marine Inspection Zone and Captain of the Port
Zone.
Subpart 3.70_Fourteenth Coast Guard District
3.70-1 Fourteenth district.
3.70-10 Honolulu Marine Inspection Zone and Captain of the Port Zone.
3.70-15 Guam Marine Inspection Zone and Captain of the Port Zone.
Subpart 3.85_Seventeenth Coast Guard District
3.85-1 Seventeenth district.
3.85-10 Southeast Alaska Marine Inspection Zone and Captain of the Port
Zone.
3.85-15 Western Alaska Marine Inspection Zone and Captain of the Port
Zone.
3.85-20 Prince William Sound Marine Inspection Zone and Captain of the
Port Zone.
Authority: 14 U.S.C. 633; Pub. L. 107-296, 116 Stat. 2135;
Department of Homeland Security Delegation No. 0170.
Subpart 3.01_General Provisions
Sec. 3.01-1 General description.
(a) The structure of the Coast Guard's general organization for the
performance of its assigned functions and duties consists of the
Commandant, assisted by the Headquarters staff, two Area Offices to act
as intermediate echelons of operational command, and District Offices to
provide regional direction and coordination. The District Offices
operate within defined geographical areas of the United
[[Page 34]]
States, its territories, and possessions, including portions of the high
seas adjacent thereto. The description of the districts is established
by the Commandant.
(b) The two Coast Guard Areas are the Atlantic Area (see Sec. 3.04-
1) and the Pacific Area (see Sec. 3.04-3). The Coast Guard Area
Commander is in command of a Coast Guard Area; the offices are referred
to as a Coast Guard Area Office. The office of the Commander, Atlantic
Area, is located in the Fifth Coast Guard District and the Commander,
Atlantic Area, also serves as the Fifth District Commander. The office
of the Commander, Pacific Area, is located in the Eleventh Coast Guard
District and the Commander, Pacific Area, also serves as the Eleventh
District Commander. Area Commanders have the responsibility of
determining when operational matters require the coordination of forces
and facilities of more than one district.
(c) The Coast Guard District Commander is in command of a Coast
Guard District and his office may be referred to as a Coast Guard
District Office. (See Sec. 1.01-1 of this subchapter.)
(d) An Officer in Charge, Marine Inspection, is in command of a
Marine Inspection Zone and his office may be referred to as a Coast
Guard Marine Inspection Office. (See Sec. 1.01-20 of this subchapter.)
(e) The Captain of the Port is in command of a Captain of the Port
Area and his office may be referred to as a Captain of the Port Office.
(See Sec. 1.01-30 of this subchapter.)
(f) Each Captain of the Port Area and each Marine Inspection Zone
described in this part also includes the United States territorial seas
adjacent to the described Area or Zone for the purpose of enforcing or
acting pursuant to a statute effective in the United States territorial
seas. Each Captain of the Port Area and each Marine Inspection Zone
described in this part also includes the Contiguous Zone adjacent to the
Area or Zone for the purpose of enforcing or acting pursuant to a
statute effective in the Contiguous Zone. (See Sec. Sec. 2.05-5 and
2.05-15.) Each Captain of the Port Zone and each Marine Inspection Zone
described in this part also includes the Exclusive Economic Zone (EEZ)
adjacent to the area for the purpose of enforcing or acting pursuant to
a statute effective in the EEZ.
(g) Geographic coordinates expressed in terms of latitude or
longitude, or both, are not intended for plotting on maps or charts
whose referenced horizontal datum is the North American Datum of 1983
(NAD 83), unless such geographic coordinates are expressly labeled NAD
83. Geographic coordinates without the NAD 83 reference may be plotted
on maps or charts referenced to NAD 83 only after application of the
appropriate corrections that are published on the particular map or
chart being used.
[CGFR 70-150, 36 FR 909, Jan. 20, 1971, as amended by CGD 77-091, 42 FR
48022, Sept. 22, 1977; CGD 87-008, 52 FR 13083, Apr. 21, 1987; CGD 87-
008b, 52 FR 25217, July 6, 1987; CGD 86-082, 52 FR 33810, Sept. 8, 1987;
CGD 93-020, 58 FR 51726, Oct. 4, 1993; CGD 96-025, 61 FR 29959, June 13,
1996; USCG-2003-14505, 68 FR 9534, Feb. 28, 2003]
Sec. 3.01-5 Assignment of functions.
Section 888 of Pub. L. 107-296, 116 Stat. 2135, authorizes the
Commandant of the Coast Guard to exercise certain functions, powers, and
duties vested in the Secretary of Homeland Security by law. The general
statements of policy in the rules describing Coast Guard organization
are prescribed pursuant to 5 U.S.C. 552 (80 Stat. 383, as amended) and
14 U.S.C. 633 (63 Stat. 545).
[CGFR 70-150, 36 FR 910, Jan. 20, 1971, as amended by USCG-2003-14505,
68 FR 9534, Feb. 28, 2003]
Subpart 3.04_Coast Guard Areas
Sec. 3.04-1 Atlantic Area.
(a) The Area Office is in Portsmouth, VA.
(b) The Atlantic Area is comprised of the land areas and U.S.
navigable waters of the First, Fifth, Seventh, Eighth and Ninth Coast
Guard Districts and the ocean areas lying east of a line extending from
the North Pole south along 95[deg] W. longitude to the North American
land mass; thence along the east coast of the North, Central, and South
American land mass to the intersection with 70[deg] W. longitude; thence
due south to the South Pole.
[[Page 35]]
These waters extend east to the Eastern Hemisphere dividing line between
the Atlantic and Pacific Areas which lies along a line extending from
the North Pole south along 100[deg] E. longitude to the Asian land mass
and along a line extending from the South Pole north along 17[deg] E.
longitude to the African land mass.
[CGFR 70-150, 36 FR 910, Jan. 20, 1971, as amended by CGD 87-008, 52 FR
13083, Apr. 21, 1987; CGD 96-025, 61 FR 29959, June 13, 1996]
Sec. 3.04-3 Pacific Area.
(a) The Area Office is in Alameda, CA.
(b) The Pacific Area is comprised of the land areas and the U.S.
navigable waters of the Eleventh, Thirteenth, Fourteenth, and
Seventeenth Coast Guard Districts and the ocean areas lying west of a
line extending from the North Pole south along 95[deg] W. longitude to
the North American land mass; thence along the west coast of the North,
Central, and South American land mass to the intersection with 70[deg]
W. longitude; thence due south to the South Pole. These waters extend
west to the Eastern Hemisphere dividing line between the Atlantic and
Pacific Areas which lies along a line extending from the North Pole
south along 100[deg] E. longitude to the Asian land mass and along a
line extending from the South Pole north along 17[deg] E. longitude to
the African land mass.
[CGFR 70-150, 36 FR 910, Jan. 20, 1971, as amended by CGD 87-008, 52 FR
13084, Apr. 21, 1987; CGD 96-025, 61 FR 29959, June 13, 1996]
Subpart 3.05_First Coast Guard District
Sec. 3.05-1 First district.
(a) The District Office is in Boston, Massachusetts.
(b) The First Coast Guard District is comprised of: Maine; New
Hampshire; Vermont; Massachusetts; Rhode Island; Connecticut; New York
except that part north of latitude 42[deg] N. and west of longitude
74[deg]39[min] W; that part of New Jersey north of 40[deg]18[min] N.
latitude, east of 74[deg]30.5[min] W. longitude, and northeast of a line
from 40[deg]18[min] N. 74[deg]30.5[min] W. north-northwesterly to the
New York, New Jersey & Pennsylvania boundaries at Tristate; all U.S.
Naval reservations on shore at Newfoundland; the ocean area encompassed
by the Search and Rescue boundary between Canada and the United States
easterly to longitude 63[deg] W.; thence due south to latitude 41[deg]
N.; thence southwesterly along a line bearing 219[deg]T to the point of
intersection at 37[deg] N. latitude, 67[deg]13[min] W. longitude with a
line bearing 122[deg]T from the New Jersey shoreline at 40[deg]18[min]
N. latitude (just south of the Shrewsbury River); thence northwesterly
along this line to the coast.
[CGFR 61-40, 26 FR 10344, Nov. 3, 1961, as amended by CGD 87-008, 52 FR
13084, Apr. 21, 1987; CGD 96-016, 61 FR 21958, May 13, 1996]
Sec. 3.05-10 Boston Marine Inspection Zone and Captain of the Port Zone.
(a) The Boston Marine Inspection Office and Captain of the Port
Office are located in Boston, Massachusetts.
(b) The boundary of the Boston Marine Inspection Zone and Captain of
the Port Zone starts at the boundary of the Massachusetts and New
Hampshire coasts at 42[deg]52.3[min] N. latitude, 70[deg]49.0[min] W.
longitude and proceeds seaward on a line bearing 90[deg] T to the
outermost extent of the EEZ; thence southeast along the outermost extent
of the EEZ to 42[deg]08[min] N. latitude; thence west to 42[deg]08[min]
N. latitude, 70[deg]15[min] W. longitude; thence southwest to the
Massachusetts coast at Manomet Point at 41[deg]55[min] N. latitude,
70[deg]33[min] W. longitude; thence northwest to 42[deg]04[min] N.
latitude, 71[deg]06[min] W. longitude; thence to the Massachusetts and
Rhode Island boundaries at 42[deg]01.5[min] N. latitude,
71[deg]28.0[min] W. longitude; thence west along the southern boundary
of Massachusetts, except the waters of Congamond Lakes; thence north
along the Massachusetts-New York boundary to the intersection of the
Massachusetts-New York-Vermont boundaries; thence east along the
Massachusetts-Vermont boundary and the Massachusetts-New Hampshire
boundary to the point of origin.
[CGD 74-169, 39 FR 32558, Sept. 9, 1974, as amended by CGD 77-241, 44 FR
10983, Feb. 26, 1979; CGD 84-037, 49 FR 26583, June 28, 1984; CGD 93-
020, 58 FR 51727, Oct. 4, 1993]
[[Page 36]]
Sec. 3.05-15 Portland, Maine Marine Inspection Zone and Captain of
the Port Zone.
(a) The Portland, Maine Marine Inspection Office and Captain of the
Port Office are located in Portland, Maine.
(b) The boundary of the Portland, Maine, Marine Inspection Zone and
Captain of the Port Zone starts at the boundary of the Massachusetts and
New Hampshire coasts at 42[deg]52.3[min] N. latitude, 70[deg]49.0[min]
W. longitude and proceeds seaward on a line bearing 90[deg] T to the
outermost extent of the EEZ; thence northerly and westerly along the
outermost extent of the EEZ and the Canadian border to the western
boundary of Essex County in Vermont; thence south along the westernmost
Vermont county boundaries of Essex, Caledonia, Lamoille, Washington,
Orange, Windsor, and Bennington to the intersection of the Vermont-New
York-Massachusetts boundaries; thence east along the Vermont-
Massachusetts and New Hampshire-Massachusetts boundaries to the point of
origin.
[CGD 74-169, 39 FR 32558, Sept. 9, 1974, as amended by CGD 77-241, 44 FR
10983, Feb. 26, 1979; CGD 93-020, 58 FR 51727, Oct. 4, 1993]
Sec. 3.05-20 Providence Marine Inspection Zone and Captain of the Port
Zone.
(a) The Providence Marine Inspection Office and Captain of the Port
Office are located in Providence, Rhode Island.
(b) The boundary of the Providence Marine Inspection Zone and
Captain of the Port Zone starts on the Massachusetts coast at Manomet
Point at 41[deg]55[min] N. latitude, 70[deg]33[min] W. longitude and
proceeds northeast to 42[deg]08[min] N. latitude 70[deg]15[min] W.
longitude; thence east along 42[deg]08[min] N. latitude to the outermost
extent of the EEZ; thence southerly along the outermost extent of the
EEZ to a line bearing 132[deg] T from Watch Hill Light, Rhode Island;
thence northwest along a line bearing 132[deg] T from Watch Hill Light,
Rhode Island, to Watch Hill Light; thence northeast to 41[deg]21[min] N.
latitude, 71[deg]48.5[min] W. longitude at Westerly, Rhode Island;
thence north to 41[deg]25[min] N. latitude, 71[deg]48[min] W. longitude;
thence north along the Connecticut-Rhode Island boundary, including the
waters of Beach Pond, to the Massachusetts boundary; thence east along
the Massachusetts-Rhode Island boundary to 42[deg]01.5[min] N. latitude,
71[deg]28.0[min] W. longitude; thence east to 42[deg]04[min] N.
latitude, 71[deg]06[min] W. longitude; thence southeasterly to the point
of origin.
[CGD 74-169, 39 FR 32558, Sept. 9, 1974, as amended by CGD 77-241, 44 FR
10983, Feb. 26, 1979; CGD 84-037, 49 FR 26583, June 28, 1984; CGD1 87-
101, 53 FR 24935, July 1, 1988; CGD 93-020, 58 FR 51727, Oct. 4, 1993]
Sec. 3.05-30 New York Marine Inspection Zone and Captain of the Port
Zone.
(a) The New York Marine Inspection Office and Captain of the Port
Office is located in New York, New York.
(b) The boundary of the New York Marine Inspection Zone and Captain
of the Port Zone starts on the south shore of Long Island at
40[deg]35.4[min] N. latitude, 73[deg]46.6[min] W. longitude and proceeds
southeasterly along a line bearing 127.5[deg]T to 38[deg]28[min] N.
latitude, 70[deg]11[min] W. longitude; thence northwesterly along a line
bearing 122[deg]T from the New Jersey coast at 40[deg]18[min] N.
latitude; thence west along 40[deg]18[min] N. latitude to
74[deg]30.5[min] W. longitude; thence northwesterly to the intersection
of the New York-New Jersey-Pennsylvania boundaries at Tristate; thence
northwesterly along the east bank of the Delaware River to
42[deg]00[min] N. latitude; thence east to 74[deg]39[min] W. longitude;
thence north to the Canadian border; thence easterly along the Canadian
Border to the northeast corner of the Orleans County line in Vermont;
thence following the eastern and southern boundaries of Orleans,
Franklin, Chittenden, Addison, and Ruthland Counties to the Vermont-New
York boundary; thence southerly along the New York boundary to
41[deg]01.5[min] N. latitude, 73[deg]40[min] W. longitude; thence
southerly to the southern shore of Manursing Island at 40[deg]58[min] N.
latitude, 73[deg]40[min] W. longitude; thence southeasterly to
40[deg]52.5[min] N. latitude, 73[deg]37.2[min] W. longitude; thence
southerly to 40[deg]40[min] N. latitude, 73[deg]40[min] W. longitude;
thence southwesterly to the point of origin.
[CGD 96-016, 61 FR 21958, May 13, 1996]
Sec. 3.05-35 Long Island Sound Marine Inspection and Captain of the
Port Zone.
(a) The Long Island Sound Marine Inspection Office and Captain of
the Port
[[Page 37]]
Office is located in New Haven, Connecticut.
(b) The boundary of the Long Island Sound Marine Inspection Zone and
Captain of the Port Zone starts at 40[deg]35.4[min] N. latitude,
73[deg]46.6[min] W. longitude; thence proceeds along a line
northeasterly to 40[deg]40[min] N. latitude, 73[deg]40[min] W.
longitude; thence to 40[deg]52.5[min] N. latitude, 73[deg]37.2[min] W.
longitude; thence northwest to the south shore of Manursing Island at
40[deg]58[min] N. latitude, 73[deg]40[min] W. longitude; thence
northerly to the Connecticut-New York boundary at 41[deg]01.5[min] N.
latitude, 73[deg]40[min] w. longitude; thence north along the western
boundary of Connecticut to the Massachusetts-Connecticut boundary;
thence east along the southern boundary of Massachusetts, including the
waters of the Congamond Lakes, to the Rhode Island boundary; thence
south along the Connecticut-Rhode Island boundary, excluding the waters
of Beach Pond, to 41[deg]24[min] N. latitude, 71[deg]48[min] W.
longitude; thence southerly to 41[deg]21[min] N. latitude,
71[deg]48.5[min] W. longitude at Westerly, Rhode Island; thence
southwesterly to Watch Hill Light, Rhode Island. The northern offshore
boundary is a line bearing 132[deg]T from Watch Hill Light to the
outermost extent of the EEZ. The southern offshore boundary extends
along a line bearing 127.5[deg]T from the south shore of Long Island at
40[deg]35.4[min] N. latitude, 73[deg]46.6[min] W. longitude to
38[deg]28[min] N. latitude, 70[deg]11[min] W. longitude; thence easterly
to the outermost extent of the EEZ; thence northerly along the outermost
extent of the EEZ to the intersection of the northern boundary.
[CGD 96-016, 61 FR 21958, May 13, 1996, as amended by USCG-2000-7223, 65
FR 40054, June 29, 2000]
Subpart 3.25_Fifth Coast Guard District
Sec. 3.25-1 Fifth district.
(a) The District Office is in Portsmouth, Va.
(b) The Fifth Coast Guard District is comprised of: North Carolina;
Virginia; District of Columbia; Maryland; Delaware; that part of
Pennsylvania east of a line drawn along 78[deg]55[min] W. longitude
south to 41[deg]00[min] N. latitude, thence west to 79[deg]00[min] W.
longitude, and thence south to the Pennsylvania-Maryland boundary; that
portion of New Jersey that lies south and west of a line drawn from the
New Jersey shoreline at 40[deg]18[min] N. latitude (just south of the
Shrewsbury River), thence westward to 40[deg]18[min] N. latitude,
74[deg]30.5[min] W. longitude, thence north-northwesterly to the
junction of the New York, New Jersey, and Pennsylvania boundaries at
Tristate; and the ocean area encompassed by a line bearing 122[deg]T
from the coastal end of the First and Fifth Districts' land boundary at
the intersection of the New Jersey shoreline and 40[deg]18[min] N.
latitude (just south of the Shrewsbury River) to the southernmost point
in the First Coast Guard District (a point located at approximately
37[deg] N. latitude, 67[deg]13[min] W. longitude); thence along a line
bearing 219[deg]T to the point of intersection with the ocean boundary
between the Fifth and Seventh Coast Guard Districts, which is defined as
a line bearing 122[deg]T from the coastal end of the Fifth and Seventh
Districts' land boundary at the shoreline at the North Carolina-South
Carolina border, point located at approximately 30[deg]55[min] N.
73[deg] W.; thence northwesterly along this line to the coast.
[CGFR 61-40, 26 FR 10347, Nov. 3, 1961, as amended by CGD 87-008, 52 FR
13084, Apr. 21, 1987; 52 FR 16480, May 5, 1987; CGD 87-008b, 52 FR
25217, July 6, 1987; CGD 96-016, 61 FR 21959, May 13, 1996]
Sec. 3.25-05 Philadelphia Marine Inspection Zone and Captain of the
Port Zone.
(a) The Philadelphia Marine Inspection Office and the Philadelphia,
Captain of the Port Office are located in Philadelphia, Pennsylvania.
(b) The boundary of the Philadelphia Marine Inspection zone and
Captain of the Port Zone starts at the New Jersey coast at
40[deg]18[min] N. latitude, thence proceeds westward to 40[deg]18[min]
N. latitude, 74[deg]30.5[min] W. longitude, thence north-northwesterly
to the junction of the New York, New Jersey, and Pennsylvania boundaries
at Tristate; thence northwesterly along the east bank of the Delaware
River to 42[deg]00[min] N. latitude; thence west along the New York-
[[Page 38]]
Pennsylvania boundary to 78[deg]55[min] W. longitude; thence south to
41[deg]00[min] N. latitude; thence west to 79[deg]00[min] W. longitude;
thence south to the Pennsylvania-Maryland boundary; thence east to the
intersection of the Maryland-Delaware boundary; thence south and east
along the Maryland-Delaware boundary to the sea, including Fenwick
Island Light. The offshore boundary starts at Fenwick Island Light and
proceeds east along 38[deg]28[min] N. latitude to 70[deg]11[min] W.
longitude; thence northwesterly along a line bearing 122[deg]T from the
New Jersey Coast at 40[deg]18[min] N. latitude.
[CGD 75-093, 40 FR 45168, Oct. 1, 1975, as amended by CGD 77-241, 44 FR
10983, Feb. 26, 1979; CGD 82-080, 47 FR 47811, Oct. 28, 1982.
Redesignated by CGD 87-008, 52 FR 13084, Apr. 21, 1987. Further amended
by CGD 88-052, 53 FR 25119, July 1, 1988; CGD 93-020, 58 FR 51728, Oct.
4, 1993; CGD 96-016, 61 FR 21959, May 13, 1996]
Sec. 3.25-10 Hampton Roads Marine Inspection Zone and Captain of the
Port Zone.
(a) The Hampton Roads Marine Inspection Office and the Hampton Roads
Captain of the Port Office are located in Norfolk, Virginia.
(b) The boundary of the Hampton Roads Marine Inspection Zone and
Captain of the Port Zone starts at the intersection of the Maryland-
Delaware boundary and the coast and proceeds along the Maryland-Delaware
boundary to a point 75[deg]30.0[min] W. longitude; thence southerly to a
point 75[deg]30.0[min] W. longitude on the Maryland-Virginia boundary,
thence westerly along the Maryland-Virginia boundary as it proceeds
across the Delmarva Peninsula, Pocomoke River, Tangier and Pocomoke
Sounds, and Chesapeake Bay; thence northwesterly along the Maryland-
Virginia boundary and the District of Columbia-Virginia boundary as
those boundaries are formed along the southern bank of the Potomac River
to the intersection of the Virginia-Maryland-West Virginia boundaries;
thence southerly along the Virginia-West Virginia boundary and the
Virginia-Kentucky boundary to the Tennessee boundary; thence eastward
along the Virginia-Tennessee boundary to the Virginia-North Carolina
boundary; thence eastward to the sea. The offshore boundary starts at
the intersection of the Maryland-Delaware boundary and the coast and
proceeds east to a point 38[deg]28.0[min] N. latitude, 70[deg]11.0[min]
W. longitude; thence southeasterly on a line bearing 122[deg]T to the
outermost extent of the EEZ; thence southerly along the outermost extent
of the EEZ to 36[deg]33.0[min] N. latitude, and thence westerly along
36[deg]33.0[min] N latitude to the coast at 75[deg]52.0[min] W.
longitude.
[CGD 73-31R, 39 FR 8613, Mar. 6, 1974, as amended by CGD 77-241, 44 FR
10983, Feb. 26, 1979; CGD 93-020, 58 FR 51728, Oct. 4, 1993; 58 FR
67909, Dec. 22, 1993; CGD 96-016, 61 FR 21959, May 13, 1996; USCG-2002-
12471, 67 FR 41331, June 18, 2002]
Sec. 3.25-15 Baltimore Marine Inspection Zone and Captain of the Port
Zone.
(a) The Baltimore Marine Inspection Office and the Baltimore Captain
of the Port Office are located in Baltimore, Maryland.
(b) The boundary of the Baltimore Marine Inspection Zone and Captain
of the Port Zone starts at a point of 75[deg]30[min] W. longitude on the
Delaware-Maryland boundary and proceeds along the Delaware-Maryland
boundary west and north to the Pennsylvania boundary; thence west along
the Pennsylvania-Maryland boundary to the West Virginia boundary; thence
southerly and easterly along the Maryland-West Virginia boundary to the
Virginia boundary; thence southeasterly along the Maryland-Virginia
boundary and the District of Columbia-Virginia boundary as those
boundaries are formed along the southern bank of the Potomac River;
thence easterly along the Maryland-Virginia boundary as it proceeds
across the Chesapeake Bay, Tangier and Pocomoke Sounds, Pocomoke River,
and Delmarva Peninsula to a point 75[deg]30[min] W. longitude on the
Maryland-Virginia boundary; thence northerly to a point 75[deg]30[min]
W. longitude on the Delaware-Maryland boundary.
[CGD 73-31R, 39 FR 8614, Mar. 6, 1974, as amended by CGD 77-241, 44 FR
10983, Feb. 26, 1979; CGD 93-020, 58 FR 51728, Oct. 4, 1993; CGD 95-081,
60 FR 67062, Dec. 28, 1995]
[[Page 39]]
Sec. 3.25-20 Wilmington Marine Inspection Zone and Captain of the
Port Zone.
(a) The Wilmington Marine Inspection Office and the Wilmington
Captain of the Port Office are located in Wilmington, North Carolina.
(b) The boundary of the Wilmington Marine Inspection Zone and
Captain of the Port Zone starts at the sea at 36[deg]33.0[min] N.
latitude, 75[deg]52.0[min] W. longitude, and proceeds westerly along the
North Carolina-Virginia boundary to the Tennessee boundary; thence
southwesterly along the North Carolina-Tennessee boundary to the Georgia
boundary; thence easterly along the North Carolina-Georgia boundary to
the South Carolina boundary; thence easterly along the South Carolina-
North Carolina boundary to the sea. The offshore boundary of the
Wilmington Captain of the Port Zone starts at the coast at
36[deg]33.0[min] N. latitude; thence proceeds easterly to the outermost
extent of the EEZ; thence southerly along the outermost extent of the
EEZ to a line bearing 122[deg]T from the intersection of the South
Carolina-North Carolina boundary and the sea to the outermost extent of
the EEZ; thence westerly along a line bearing 122[deg]T to the coast.
[CGD 73-31R, 39 FR 8614, Mar. 6, 1974; CGD 73-31R, 39 FR 12007, Apr. 2,
1974, as amended by CGD 77-241, 44 FR 10983, Feb. 26, 1979; CGD 93-020,
59 FR 948, Jan. 7, 1994; USCG-2002-12471, 67 FR 41331, June 18, 2002]
Subpart 3.35_Seventh Coast Guard District
Sec. 3.35-1 Seventh district.
(a) The District Office is in Miami, Fla.
(b) The Seventh Coast Guard District is comprised of the states of
South Carolina, Georgia and Florida, except for that part of Georgia and
Florida west of a line from the intersection of the Florida coast with
Longitude 83[deg]50[min] W. (30[deg]00[min] N., 83[deg]50[min] W.) due
north to a position 30[deg]15[min] N., 83[deg]50[min]W.; thence due west
to a position 30[deg]15[min] N., 84[deg]45[min] W.; thence due north to
the intersection with the south shore of the Jim Woodruff Reservoir;
thence along the east bank of the Jim Woodruff Reservoir and the east
bank of the Flint River up stream to Montezuma, GA, thence northwesterly
to West Point, GA. Also included is the Panama Canal Zone, all the
island possessions of the United States pertaining to Puerto Rico and
the U.S. Virgin Islands; and the U.S. Naval reservations in the islands
of the West Indies and on the north coast of South America. The ocean
areas are those portions of the western North Atlantic, Caribbean Sea,
Gulf of Mexico and the Straits of Florida areas encompassed by a line
originating at the state boundary between North Carolina and South
Carolina, and extending southeasterly through 30[deg]57[min] N.,
73[deg]06[min] W. and 29[deg]00[min] N., 69[deg]19[min] W. to
12[deg]00[min] N., 43[deg]00[min] W.; thence southwesterly to
10[deg]00[min] N., 48[deg]00[min] W.; thence westerly to 09[deg]20[min]
N., 57[deg]00[min] W.; thence due west to the coastline of South
America; thence westerly and northerly along the north coast of South
America, and the eastern coasts of Central America and Mexico to the
Yucatan Peninsula at 21[deg]25[min] N., 87[deg]11[min] W.; thence along
a line 019[deg] T to the intersection of longitude 83[deg]50[min] W. and
the western coastline of Florida (30[deg]00[min] N., 83[deg]50[min] W.).
[CGFR 61-40, 26 FR 10348, Nov. 3, 1961, as amended by CGFR 70-150, 36 FR
911, Jan. 20, 1971; USCG-1999-5832, 64 FR 34711, June 29, 1999]
Sec. 3.35-10 Miami Marine Inspection Zone and Captain of the Port Zone.
(a) The Miami Marine Inspection Office and the Miami Captain of the
Port Office are located in Miami, Florida.
(b) The boundary of the Miami Marine Inspection Zone and Captain of
the Port Zone starts at the eastern Florida coast at 28[deg]00[min] N.
latitude; thence proceeds west to 28[deg]00[min] N. latitude,
81[deg]30[min] W. longitude; thence south to 26[deg]00[min] N. latitude,
81[deg]30[min] W. longitude; thence southwesterly to the southern tip of
Cape Romano, Florida. The offshore area of the Miami Captain of the Port
Zone includes that portion of the western North Atlantic Ocean area
bounded on the north by 28[deg]00[min] N. latitude from the coast to the
outermost extent of the EEZ and bounded on the east and south by the
outermost extent of the EEZ; and that portion of the eastern Gulf of
Mexico and the Florida Bay bounded on the north by a line bearing
227[deg] T from the southern tip of Cape Romano to the outermost extent
of the
[[Page 40]]
EEZ and bounded on the west and south by the outermost extent of the
EEZ.
[CGD 76-212, 43 FR 1056, Jan. 5, 1978, as amended by CGD 77-241, 44 FR
10983, Feb. 26, 1979; CGD 93-020, 58 FR 51729, Oct. 4, 1993]
Sec. 3.35-15 Charleston Marine Inspection Zone and Captain of the
Port Zone.
(a) The Charleston Marine Inspection Office and the Charleston
Captain of the Port Office are located in Charleston, South Carolina.
(b) The boundary of the Charleston Marine Inspection Zone and
Captain of the Port Zone starts at the sea at the intersection of the
North Carolina-South Carolina boundary; thence proceeds westerly along
the North Carolina-South Carolina boundary to the intersection of the
North Carolina-South Carolina-Georgia boundaries; thence southerly along
the South Carolina-Georgia boundary to the intersection with the Federal
dam at the southern end of Hartwell Reservoir; thence southerly along
the eastern bank of the Savannah River to 32[deg]30[min] N. latitude;
thence easterly to the eastern bank of the Edisto River at
32[deg]41[min] N. latitude; thence southerly along the eastern bank of
the Edisto River to the southern tip of Bay Point, Edisto Island, South
Carolina. The offshore boundary starts at a line bearing 122[deg] T from
the intersection of the South Carolina-North Carolina boundary and the
sea to the outermost extent of the EEZ; thence southerly along the
outermost extent of the EEZ to 30[deg]50[min] N. latitude; thence east
along 30[deg]50[min] N. latitude to a line bearing 122[deg] T from the
southern tip of Bay Point, Edisto Island, South Carolina; thence
easterly along a line bearing 122[deg] T to the coast.
[CGD 76-212, 43 FR 1056, Jan. 5, 1978, as amended by CGD 77-241, 44 FR
10983, Feb. 26, 1979; CGD 93-020, 58 FR 51729, Oct. 4, 1993]
Sec. 3.35-20 Jacksonville Marine Inspection Zone and Captain of the
Port Zone.
(a) The Jacksonville Marine Inspection Office and the Jacksonville
Captain of the Port Office are located in Jacksonville, Florida.
(b) The boundary of the Jacksonville Marine Inspection Zone and
Captain of the Port Zone starts at the Georgia coast at 30[deg]50[min]
N. latitude; thence proceeds west to 30[deg]50[min] N. latitude,
82[deg]15[min] W. longitude; thence south to the intersection of the
Florida-Georgia boundary at 82[deg]15[min] W. longitude; thence westerly
along the Florida-Georgia boundary to 83[deg]00[min] W. longitude;
thence southeasterly to 28[deg]00[min] N. latitude, 81[deg]30[min] W.
longitude; thence east to the sea at 28[deg]00[min] N. latitude. The
offshore boundary starts at the coast at 30[deg]50[min] N. latitude;
thence proceeds easterly to the outermost extent of the EEZ; thence
southerly along the outermost extent of the EEZ to 28[deg]00[min] N.
latitude; thence westerly along 28[deg]00[min] N. latitude to the coast.
[CGD 76-212, 43 FR 1056, Jan. 5, 1978; 43 FR 18553, May 1, 1978, as
amended by CGD 77-241, 44 FR 10983, Feb. 26, 1979; CGD 93-020, 58 FR
51729, Oct. 4, 1993]
Sec. 3.35-25 San Juan Marine Inspection Zone and Captain of the Port
Zone.
(a) The San Juan Marine Inspection Office and the San Juan Captain
of the Port Office are located in San Juan, Puerto Rico.
(b) The San Juan Marine Inspection Zone and Captain of the Port Zone
are comprised of both the Commonwealth of Puerto Rico and the Territory
of the Virgin Islands and the adjacent waters to the outermost extent of
the EEZ.
[CGD 76-212, 43 FR 1056, Jan. 5, 1978, as amended by CGD 77-241, 44 FR
10983, Feb. 26, 1979; CGD 93-020, 58 FR 51729, Oct. 4, 1993]
Sec. 3.35-30 Savannah Marine Inspection Zone and Captain of the Port
Zone.
(a) The Savannah Marine Inspection Office and the Savannah Captain
of the Port Office are located in Savannah, Georgia.
(b) The boundary of the Savannah Marine Inspection Zone and Captain
of the Port Zone starts at the southern tip of Bay Point, Edisto Island,
South Carolina; thence proceeds northerly along the eastern bank of the
Edisto River to 32[deg]41[min] N. latitude; thence westerly to the
eastern bank of the Savannah River at 32[deg]30[min] N. latitude; thence
northerly along the eastern bank of the Savannah River to the
intersection of the South Carolina-Georgia boundary with the Federal dam
at the southern end of Hartwell Reservoir; thence northerly along the
South Carolina-
[[Page 41]]
Georgia boundary to the intersection of the North Carolina-South
Carolina-Georgia boundaries; thence westerly along the Georgia-North
Carolina boundary and continuing westerly along the Georgia-Tennessee
boundary to the intersection of the Georgia-Tennessee-Alabama
boundaries; thence southerly along the Georgia-Alabama boundary to
32[deg]53[min] N. latitude; thence southeasterly to the eastern bank of
the Flint River at 32[deg]20[min] N. latitude; thence southerly along
the eastern bank of the Flint River and continuing southerly along the
southeastern shore of Jim Woodruff Reservoir to 84[deg]45[min] W.
longitude; thence southerly to the intersection of the Florida-Georgia
boundary; thence easterly along the Florida-Georgia boundary to
82[deg]15[min] W. longitude; thence north to 30[deg]50[min] N. latitude,
82[deg]15[min] W. longitude; thence east to the sea at 30[deg]50[min] N.
latitude. The offshore boundary starts at a line bearing 122[deg] T from
the southern tip of Bay Point, Edisto Island, South Carolina to the
intersection with 30[deg]50[min] N. latitude; thence proceeds westerly
along 30[deg]50[min] N. latitude to the coast.
[CGD 76-212, 43 FR 1056, Jan. 5, 1978, as amended by CGD 77-241, 44 FR
10983, Feb. 26, 1979; CGD 93-020, 58 FR 51729, Oct. 4, 1993]
Sec. 3.35-35 Tampa Marine Inspection Zone and Captain of the Port Zone.
(a) The Tampa Marine Inspection Office and the Tampa Captain of the
Port Office are located in Tampa, Florida.
(b) The boundary of the Tampa Marine Inspection Zone and Captain of
the Port Zone starts at the Florida coast at 83[deg]50[min] W.
longitude; thence proceeds north to 30[deg]15[min] N. latitude,
83[deg]50[min] W. longitude; thence west to 30[deg]15[min] N. latitude,
84[deg]45[min] W. longitude; thence north to the Florida-Georgia
boundary at 84[deg]45[min] W. longitude; thence easterly along the
Florida-Georgia boundary to 83[deg]00[min] W. longitude; thence
southeasterly to 28[deg]00[min] N. latitude, 81[deg]30[min] W.
longitude; thence south to 26[deg]00[min] N. latitude, 81[deg]30[min] W.
longitude; thence southwesterly to the southern tip of Cape Romano,
Florida; thence southwesterly along a line bearing 227[deg] T to the
outermost extent of the EEZ; thence westerly along the outermost extent
of the EEZ to the intersection with a line bearing 199[deg] T from the
intersection of the Florida coast at 83[deg]50[min] W. longitude; thence
easterly along a line bearing 199[deg] T to the coast.
[CGD 76-212, 43 FR 1056, Jan. 5, 1978, as amended by CGD 77-241, 44 FR
10983, Feb. 26, 1979; CGD 93-020, 58 FR 51729, Oct. 4, 1993]
Subpart 3.40_Eighth Coast Guard District
Sec. 3.40-1 Eighth district.
(a) The District Office is in New Orleans, La.
(b) The Eighth Coast Guard District is comprised of North Dakota,
South Dakota, Wyoming, Nebraska, Iowa, Colorado, Kansas, Missouri,
Kentucky, West Virginia, Tennessee, Arkansas, Oklahoma, New Mexico,
Texas, Louisiana, Mississippi, and Alabama; that part of Pennsylvania
south of 41[deg] N. latitude and west of 79[deg] W. longitude; those
parts of Ohio and Indiana south of 41[deg] N. latitude; Illinois, except
that part north of 41[deg] N. latitude and east of 90[deg] W. longitude;
that part of Wisconsin south of 46[deg]20[min] N. latitude and west of
90[deg] W. longitude; that part of Minnesota south of 46[deg]20[min] N.
latitude; those parts of Florida and Georgia west of a line starting at
the Florida coast at 83[deg]50[min] W. longitude; thence northerly to
30[deg]15[min] N. latitude, 83[deg]50[min] W. longitude; thence due west
to 30[deg]15[min] N. latitude, 84[deg]45[min] W. longitude; thence due
north to the southern bank of the Jim Woodruff Reservoir at
84[deg]45[min] W. longitude; thence northeasterly along the eastern bank
of the Jim Woodruff Reservoir and northerly along the eastern bank of
the Flint River to Montezuma, GA.; thence northwesterly to West Point,
GA.; and the Gulf of Mexico area west of a line bearing 199 T. from the
intersection of the Florida coast at 83[deg]50[min] W. longitude (the
coastal end of the Seventh and Eighth Coast Guard District land
boundary.) [DATUM NAD83]
[CGFR 67-15, 32 FR 5270, Mar. 29, 1967, as amended by CGD 77-167, 43 FR
2372, Jan. 16, 1978; CGD 96-025, 61 FR 29959, June 13, 1996]
Sec. 3.40-10 Mobile Marine Inspection Zone and Captain of the Port Zone.
(a) The Mobile Marine Inspection Office and the Mobile Captain of
the Port Office are located in Mobile, Alabama.
[[Page 42]]
(b) The boundary of the Mobile Marine Inspection Zone and Captain of
the Port Zone starts at the Florida coast at 83[deg]50[min] W.
longitude; thence proceeds north to 30[deg]15[min] N. latitude,
83[deg]50[min] W. longitude; thence west to 30[deg]15[min] N. latitude,
84[deg]45[min] W. longitude; thence north to the southern shore of the
Jim Woodruff Reservoir at 84[deg]45[min] W. longitude; thence
northeasterly along the eastern shore of Jim Woodruff Reservoir and
northerly along the eastern bank of the Flint River to 32[deg]20[min] N.
latitude, 84[deg]02[min] W. longitude; thence northwesterly to the
intersection of the Georgia-Alabama boundary at 32[deg]53[min] N.
latitude; thence northerly along the Georgia-Alabama boundary to
34[deg]00[min] N. latitude; thence west to the Alabama-Mississippi
boundary at 34[deg]00[min] N. latitude; thence northerly along the
Alabama-Mississippi boundary to the southern boundary of Tishomingo
County, Mississippi; thence westerly and southerly along the southern
boundaries of Tishomingo and Prentiss Counties, Mississippi, including
that area of the Tennessee-Tombigby Waterway south of the Bay Springs
Lock and Dam; thence southerly and westerly along the eastern and
southern boundaries of Lee, Chickasaw, and Calhoun Counties,
Mississippi; thence southerly along the western boundaries of Webster,
Choctaw, Winston, Neshoba, Newton, Jasper, Jones, Forrest and Stone
Counties, Mississippi; thence easterly along the northern boundary of
Harrison County, Mississippi, to 89[deg]10[min] W. longitude; thence
south to the Mississippi coast; thence southeasterly to 29[deg]10[min]
N. latitude, 88[deg]00[min] W. longitude; thence south to the outermost
extent of the EEZ; thence easterly along the outermost extent of the EEZ
to the intersection with a line bearing 199[deg] T from the intersection
of the Florida coast at 83[deg]50[min] W. longitude; thence
northeasterly along a line bearing 199[deg] T from the Florida coast at
83[deg]50[min] W. longitude to the coast.
[CGD 74-40, 39 FR 32131, Sept. 5, 1974, as amended by CGD 77-241, 44 FR
10983, Feb. 26, 1979; CGD 87-062, 52 FR 35913, Sept. 24, 1987; CGD 93-
020, 58 FR 51729, Oct. 4, 1993]
Sec. 3.40-15 New Orleans Marine Inspection Zone and Captain of the
Port Zone.
(a) The New Orleans Marine Inspection Office and the New Orleans
Captain of the Port Office are located in New Orleans, Louisiana.
(b) The boundary of the New Orleans Marine Inspection Zone and
Captain of the Port Zone starts at 28[deg]50[min] N. latitude,
88[deg]00[min] W. longitude; thence proceeds north to 29[deg]10[min] N.
latitude, 88[deg]00[min] W. longitude; thence northwesterly to the
Mississippi coast at 89[deg]10[min] W. longitude; thence north to the
northern Harrison County Boundary; thence westerly along the northern
Harrison County boundary; thence northerly along the western boundaries
of Stone, Forrest, Jones, Jasper, Newton, Neshoba, Winston, Choctaw, and
Webster Counties to the northern boundary of Montgomery County; thence
southwesterly along the northern and western boundaries of Montgomery,
Carroll, Holmes, Humphreys, Sharkey, and Issaquena Counties to the
Louisiana-Arkansas boundary; thence west along the Louisiana-Arkansas
boundary to the Texas-Louisiana boundary; thence south along the Texas-
Louisiana boundary to the northern DeSoto Parish boundary; thence
easterly along the northern and eastern boundaries of DeSoto, Sabine,
Vernon, and Allen Parishes; thence east along the northern boundaries of
Acadia, Lafayette, St. Martin, Iberia, Assumption, and Lafourche
Parishes to 29[deg]18[min] N. latitude, 90[deg]00[min] W. longitude;
thence southeast to 28[deg]50[min] N. latitude, 89[deg]27[min]06[sec] W.
longitude; thence east to 88[deg]00[min] W. longitude.
[CGD 74-40, 39 FR 32131, Sept. 5, 1974, as amended by CGD 77-241, 44 FR
10983, Feb. 26, 1979; CGD8 88-02, 53 FR 5572, Feb. 25, 1988; CGD 93-020,
58 FR 51730, Oct. 4, 1993; USCG-2003-15404, 68 FR 37740, June 25, 2003]
Sec. 3.40-17 Morgan City Marine Inspection Zone and Captain of the
Port Zone.
(a) The Morgan City Marine Inspection Office and Captain of the Port
Office are in Morgan City, Louisiana.
(b) The boundary of the Morgan City Marine Inspection Zone and the
Captain of the Port Zone starts at 28[deg]50[min] N. latitude,
88[deg]00[min] W. longitude; thence
[[Page 43]]
proceeds west to 28[deg]50[min] N. latitude, 89[deg]27[min]06[sec] W.
longitude; thence northwesterly to 29[deg]18[min] N. latitude,
90[deg]00[min] W. longitude; thence northwesterly along the northern
boundaries of Lafourche, Assumption, Iberia, and St. Martin Parishes;
thence northwesterly along the northern boundary of Lafayette and Acadia
Parishes to 92[deg]23[min] W. longitude; thence south along
92[deg]23[min] W. longitude to the outermost extent of the EEZ; thence
easterly along the outermost extent of the EEZ to 88[deg]00[min] W.
longitude; thence north to 28[deg]50[min] N. latitude, 88[deg]00[min] W.
longitude.
[CGD 87-062, 52 FR 35913, Sept. 24, 1987, as amended by CGD8 88-02, 53
FR 5572, Feb. 25, 1988; CGD 93-020, 58 FR 51730, Oct. 4, 1993]
Sec. 3.40-20 Port Arthur Marine Inspection Zone and Captain of the
Port Zone.
(a) The Port Arthur Marine Inspection Office and Captain of the Port
Office are in Port Arthur, Texas.
(b) The boundary of the Port Arthur Marine Inspection Zone and the
Captain of the Port Zone starts at the intersection of the sea and
92[deg]23[min] W. longitude; thence proceeds north along 92[deg]23[min]
W. longitude to the northern boundary of Acadia Parish, thence westerly
along the northern boundary of Acadia Parish; thence northwesterly along
the northeastern boundaries of Allen, Vernon, Sabine, and De Soto
Parishes; thence westerly along the northern boundary of De Soto Parish
to the Louisiana-Texas boundary; thence northerly along the Louisiana-
Texas boundary to the Texas-Arkansas-Louisiana boundaries; thence
westerly along the Texas-Arkansas boundary and the Texas-Oklahoma
boundary to 97[deg]00[min] W. longitude; thence south along
97[deg]00[min] W. longitude to the southern boundary of Dallas County,
Texas; thence easterly along the southern boundary of Dallas County,
Texas, to the east bank of the Trinity River; thence southeasterly along
the east bank of the Trinity River; thence southeasterly along the east
shore of Lake Livingston; thence southerly along the east bank of the
Trinity River to 30[deg]00[min] N. latitude, 93[deg]55[min] W.
longitude; thence east along 30[deg]00[min] N. latitude to
94[deg]23[min] W. longitude; thence south along 94[deg]23[min] W.
longitude to the sea; thence seaward to 29[deg]24[min] N. latitude,
94[deg]20[min] W. longitude; thence easterly following a line 10.3
nautical miles from the coast to 29[deg]30[min] N. latitude,
93[deg]48[min] W. longitude; thence southeasterly to 27[deg]49[min] N.
latitude, 93[deg]25[min] W. longitude; thence south along 93[deg]25[min]
W. longitude to the outermost extent of the EEZ; thence east along the
outermost extent of the EEZ to 92[deg]23[min] W. longitude; thence north
along 92[deg]23[min] W. longitude to the point or origin.
[CGD 74-40, 39 FR 32131, Sept. 5, 1974, as amended by CGD 76-079, 41 FR
37104, Sept. 2, 1976; CGD 77-241, 44 FR 10983, Feb. 26, 1979; CGD 87-
062, 52 FR 35913, Sept. 24, 1987; CGD 93-020, 58 FR 51730, Oct. 4, 1993]
Sec. 3.40-28 Houston-Galveston Marine Inspection Zone and Captain of
the Port Zone.
(a) The Houston-Galveston Marine Inspection Office and the Captain
of the Port Office are located in Houston, Texas. The Galveston Marine
Safety Unit is a subordinate unit of the Marine Safety Office and is
located in Galveston, Texas.
(b) The boundary of the Houston-Galveston Marine Inspection Zone and
Captain of the Port Zone starts at the intersection of the sea and
94[deg]23[min] W. longitude; thence proceeds north along 94[deg]23[min]
W. longitude to 30[deg]00[min] N. latitude; thence west along
30[deg]00[min] N. latitude to the east bank of the Trinity River; thence
northerly along the east bank of the Trinity River; thence northwesterly
along the eastern shore of Lake Livingston; thence northwesterly along
the east bank of the Trinity River to the southern boundary of Dallas
County, Texas; thence westerly along the southern boundary of Dallas
County, Texas to 97[deg]00[min] W. longitude; thence north along
97[deg]00[min] W. longitude to the Texas-Oklahoma boundary; thence
northwesterly along the Texas-Oklahoma boundary; thence north along the
New Mexico-Oklahoma boundary; thence west along the New Mexico-Colorado
boundary; thence south along the New Mexico-Arizona boundary; thence
easterly along the southern boundary of New Mexico to the southeast
corner of New Mexico at 32[deg]00[min] N. latitude; thence southeasterly
to 29[deg]18[min] N. latitude, 96[deg]07[min] W. longitude on the east
bank of the Colorado River; thence
[[Page 44]]
southerly along the east bank of the Colorado River to the sea; thence
along a line bearing 140[deg]T to the outermost extent of the EEZ;
thence easterly along the outermost extent of the EEZ to 93[deg]25[min]
W. longitude; thence north to 27[deg]49[min] N. latitude, 93[deg]25[min]
W. longitude; thence northwesterly to 29[deg]30[min] N. latitude,
93[deg]48[min] W. longitude; thence westward following a line 10.3
nautical miles from the coast to 29[deg]24[min] N. latitude,
94[deg]20[min] W. longitude; thence northwesterly to the coast at
94[deg]23[min] W. longitude.
[CGD 95-081, 60 FR 67062, Dec. 28, 1995]
Sec. 3.40-35 Corpus Christi Marine Inspection Zone and Captain of
the Port Zone.
(a) The Corpus Christi Marine Inspection Office and the Corpus
Christi Captain of the Port Office are located in Corpus Christi, Texas.
(b) The boundary of the Corpus Christi Marine Inspection Zone and
Captain of the Port Zone starts at the junction of the sea and the east
bank of the Colorado River; thence proceeds northerly along the east
bank of the Colorado River to 29[deg]18[min] N. latitude, 96[deg]07[min]
W. longitude; thence northwesterly to the southeast corner of New Mexico
at 32[deg]00[min] N. latitude; thence westerly along the Texas-New
Mexico boundary; thence southeasterly along the Mexican border to the
sea. The offshore area includes all waters and islands contained therein
of the EEZ that are south and west of a line bearing 140[deg] T from the
junction of the sea and the east bank of the Colorado River to the
outermost extent of the EEZ.
[CGD 74-40, 39 FR 32132, Sept. 5, 1974, as amended by CGD 77-241, 44 FR
10983, Feb. 26, 1979; CGD 93-020, 58 FR 51730, Oct. 4, 1993]
Sec. 3.40-40 St. Louis Marine Inspection Zone and Captain of the Port
Zone.
(a) The St. Louis Marine Inspection Office and the St. Louis Captain
of the Port Office are located in St. Louis, Missouri.
(b) The St. Louis Marine Inspection Zone and Captain of the Port
Zone are comprised of all of Wyoming except for Sweetwater County;
Colorado; North Dakota; South Dakota; Kansas; Nebraska; in Arkansas,
Boone, Marion, Baxter, and Fulton Counties; all of Missouri except for
Scott, Stoddard, Mississippi, New Madrid, Dunklin, and Pemiscot
Counties, and those parts of Cape Girardeau and Bollinger Counties south
of a line drawn from the southeast corner of Madison County eastward to
the point of intersection of the upper Mississippi River (Mile 55.3) and
Union and Alexander Counties (in Illinois); Iowa; that part of Minnesota
south of 46[deg]20[min] N. latitude; that part of Wisconsin south of
46[deg]20[min] N. latitude and west of 90[deg] W. longitude; that part
of Illinois north of Alexander, Pulaski, and Johnson Counties, and west
of Johnson, Saline, Hamilton, Wayne, Clay, Jasper, Cumberland, Coles,
Douglas, Champaign, and Ford Counties and south of 41[deg] N. latitude;
and that part of Illinois west of 90[deg] W. longitude and north of
41[deg] N. latitude.
[CGD 86-056, 52 FR 2688, Jan. 26, 1987, as amended by CGD 93-020, 58 FR
51728, Oct. 4, 1993. Redesignated by CGD 96-025, 61 FR 29959, June 13,
1996]
Sec. 3.40-45 Paducah Marine Inspection Zone and Captain of the Port Zone.
(a) The Paducah Marine Inspection Office and the Paducah Captain of
the Port Office are located in Paducah, Kentucky.
(b) The Paducah Marine Inspection Zone and the Paducah Captain of
the Port Zone are comprised of: In Missouri: Stoddard, Mississippi and
Scott Counties, and those parts of Cape Girardeau and Bollinger Counties
south of a line drawn eastward from the southeast corner of Madison
County to the point of intersection of the upper Mississippi River (Mile
55.3) and Union and Alexander Counties, and those parts of Dunklin and
New Madrid Counties north of a line drawn eastward from the southeast
corner of Butler County to the westernmost point of intersection of the
Missouri, Kentucky and Tennessee border at the lower Mississippi River
(Mile 882.7), and all that part of New Madrid County, and all waters of
the Mississippi River which border any part of New Madrid County, lying
east of 89[deg]30[min] W. longitude (including the area known as
Winchester Towhead). In Illinois: Johnson, Pope, Hardin, Alexander,
Pulaski, and Massac Counties. In Kentucky: Fulton, Hickman, Carlisle,
Ballard,
[[Page 45]]
McCracken, Graves, Calloway, Marshall, Livingston, Lyon, Trigg,
Crittenden, Caldwell, and Christian Counties, and that part of Union
County south of a line drawn from the point of intersection of Gallatin
and Hardin Counties (in Illinois) and the Ohio River to the point of
intersection of Union, Webster and Henderson Counties; all of Tennessee
except for Dyer, Crockett, Lauderdale, Tipton, Haywood, Shelby, Fayette,
Hardeman and Lake Counties; that part of Alabama north of 34[deg] N.
latitude, and in Mississippi: Alcorn, Prentiss, and Tishomingo Counties
except for that portion of the Tennessee-Tombigbee Waterway south of the
Bay Springs Lock and Dam.
[CGD 86-056, 52 FR 2688, Jan. 26, 1987. Redesignated by CGD 96-025, 61
FR 29959, June 13, 1996]
Sec. 3.40-50 Huntington Marine Inspection Zone and Captain of the
Port Zone.
(a) The Huntington Marine Inspection Office and the Huntington
Captain of the Port Office are located in Huntington, West Virginia.
(b) The Huntington Marine Inspection Zone and the Huntington Captain
of the Port Zone are comprised of: All of West Virginia except for
Preston, Monongalia, Marion, Marshall, Ohio, Brooke, and Hancock
Counties; in Ohio: Wayne, Holmes, Knox, Cushocton, Licking, Muskingum,
Guernsey, Noble, Fairfield, Perry, Morgan, Pickaway, Ross, Hocking,
Vinton, Athens, Washington, Pike, Jackson, Gallia, Meigs, Scioto, and
Lawrence Counties, those parts of Ashland and Medina Counties south of
41[deg] N. latitude, and that part of Monroe County south and west of a
line drawn from the point of intersection of Marshall and Wetzel
Counties and the Ohio River to the point of intersection of Belmont,
Noble, and Monroe Counties; and in Kentucky: Letcher, Perry, Owsley,
Breathitt, Knott, Pike, Floyd, Magoffin, Wolfe, Menifee, Morgan,
Johnson, Martin, Lawrence, Elliott, Boyd, Carter, and Greenup Counties,
and that part of Lewis County north and east of a line drawn from the
point of intersection of Scioto and Adams Counties and the Ohio River to
the point of intersection of Carter, Greenup, and Lewis Counties.
[CGD 79-011, 44 FR 33400, June 11, 1979. Redesignated by CGD 96-025, 61
FR 29959, June 13, 1996]
Sec. 3.40-55 Louisville Marine Inspection Zone and Captain of the
Port Zone.
(a) The Louisville Marine Inspection Office and the Louisville
Captain of the Port Office are located in Louisville, Kentucky.
(b) The Louisville Marine Inspection Zone and the Louisville Captain
of the Port Zone are comprised of: that part of Indiana south of 41[deg]
N. latitude; that part of Ohio south of 41[deg] N. latitude and west of
Ashland, Knox, Licking, Fairfield, Pickaway, Ross, Pike, and Scioto
Counties; that part of Illinois north of Pope and Hardin Counties, east
of Williamson, Franklin, Jefferson, Marion, Fayette, Effingham, Shelby,
Moultrie, Piatt, McLean, and Livingston Counties, and south of 41[deg]
N. latitude; and in Kentucky: Todd, Logan, Simpson, Allen, Warren,
Barren, Metcalfe, Muhlenberg, Butler, Edmonson, Hart, Green, Taylor,
Adair, Casey, Lincoln, Webster, Hopkins, McLean, Ohio, Grayson,
Henderson, Daviess, Hancock, Breckinridge, Meade, Hardin, Larue, Nelson,
Washington, Marion, Anderson, Mercer, Boyle, Woodford, Jessamine,
Garrard, Fayette, Clark, Madison, Estill, Powell, Lee, Bullitt, Spencer,
Jefferson, Shelby, Franklin, Scott, Oldham, Henry, Owen, Trimble,
Carroll, Montgomery, Bath, Rowan, Bourbon, Nicholas, Fleming, Harrison,
Robertson, Mason, Grant, Pendleton, Bracken, Gallatin, Boone, Kenton,
Campbell, Monroe, Cumberland, Russell, Clinton, Wayne, Pulaski,
McCreary, Rock Castle, Whitley, Jackson, Laurel, Knox, Clay, Bell,
Leslie and Harlan Counties, that part of Lewis County south and west of
a line drawn from the point of intersection of Scioto and Adams Counties
(in Ohio) and the Ohio River to the point of intersection of Carter,
Greenup, and Lewis Counties (in Kentucky), and that part of Union County
north of a line drawn from the point of intersection of Gallatin and
Hardin Counties (in Illinois) and the Ohio River to the point of
intersection of
[[Page 46]]
Union, Webster, and Henderson Counties (in Kentucky).
[CGD 86-056, 52 FR 2688, Jan. 26, 1987. Redesignated by CGD 96-025, 61
FR 29959, June 13, 1996]
Sec. 3.40-60 Memphis Marine Inspection Zone and Captain of the Port Zone.
(a) The Memphis Marine Inspection Office and the Memphis Captain of
the Port Office are located in Memphis, Tennessee.
(b) The Memphis Marine Inspection Zone and the Memphis Captain of
the Port Zone are comprised of: Oklahoma; all of Arkansas except for
Boone, Marion, Baxter, and Fulton Counties; in Tennessee: Shelby,
Fayette, Hardeman, Tipton, Haywood, Lauderdale, Crockett, and Dyer
Counties, and all of Lake County, with the exception of the portion of
the Mississippi River which borders that part of New Madrid County,
Missouri, lying east of 89[deg]30[min] W. longitude (including the area
known as Winchester Towhead); in Missouri: Pemiscot County, and those
portions of Dunklin and New Madrid Counties south of a line drawn
eastward from the southeast corner of Butler County to the westernmost
point of intersection of the Missouri, Kentucky, and Tennessee borders
at the lower Mississippi River (Mile 882.7). In Mississippi: DeSoto,
Marshall, Benton, Tippah, Tunica, Tate, Coahoma, Quitman, Panola,
Lafayette, Union, Pontotoc, Lee, Bolivar, Washington, Sunflower,
Tallahatchie, Leflore, Yalobusha, Grenada, Calhoun and Chickasaw
Counties.
[CGD 86-056, 52 FR 2689, Jan. 26, 1987. Redesignated by CGD 96-025, 61
FR 29959, June 13, 1996]
Sec. 3.40-65 Pittsburgh Marine Inspection Zone and Captain of the
Port Zone.
(a) The Pittsburgh Marine Inspection Office and the Pittsburgh
Captain of the Port Office are located in Pittsburgh, Pennsylvania.
(b) The Pittsburgh Marine Inspection Zone and the Pittsburgh Captain
of the Port Zone are comprised of: that part of Pennsylvania south of
41[deg] N. latitude and west of 79[deg] W. longitude; in West Virginia:
Preston, Monongalia, Marion, Marshall, Ohio, Brooke, and Hancock
Counties; and in Ohio: Stark, Columbiana, Tuscarawas, Carroll, Harrison,
Jefferson, and Belmont Counties, those parts of Summit, Portage, and
Mahoning Counties south of 41[deg] N. latitude, and that part of Monroe
County north and east of a line drawn from the point of intersection of
Marshall and Wetzel Counties and the Ohio River to the point of
intersection of Belmont, Nobile, and Monroe Counties.
[CGD 79-011, 44 FR 33400, June 11, 1979. Redesignated by CGD 96-025, 61
FR 29959, June 13, 1996]
Subpart 3.45_Ninth Coast Guard District
Source: CGD 79-011, 44 FR 33401, June 11, 1979, unless otherwise
noted.
Sec. 3.45-1 Ninth district.
(a) The District Office is in Cleveland Ohio.
(b) The Ninth Coast Guard District comprise Michigan, New York north
of latitude 42[deg] N. and west of longitude 74[deg]39[min] W.;
Pennsylvania north of latitude 41[deg] and west of longitude
78[deg]55[min] W.; that part of Ohio and Indiana north of latitude
41[deg] N.; that part of Illinois north of latitude 41[deg] N. and east
of longitude 90[deg] W.; Wisconsin, except that part south of latitude
46[deg]20[min] N. and west of longitude 90[deg] W.; and that part of
Minnesota north of latitude 46[deg]20[min] N.
[CGFR 61-40, 26 FR 10350, Nov. 3, 1961, as amended by CGFR 71-85, 36 FR
16577, Aug. 24, 1971]
Sec. 3.45-5 Cleveland Marine Inspection Zone and Captain of the Port
Zone.
(a) The Cleveland Marine Inspection Office and the Cleveland Captain
of the Port Office are located in Cleveland, Ohio.
(b) The Cleveland Marine Inspection Zone and Captain of the Port
Zone include all navigable waters of the United States and contiguous
land areas within the following boundaries: From the international
boundary in Lake Erie at longitude 82[deg]25[min] W.; thence due south
to latitude 41[deg] N.; thence due east to longitude
80[deg]31[min]12[sec] W. (Ohio/Pennsylvania State boundary); thence due
north to the international boundary; thence southwesterly along the
[[Page 47]]
international boundary to the starting point.
(c) Notwithstanding paragraph (b) of this section and Sec. 3.10-
50(b), factory inspections at the towns of Alliance and Sebring, Ohio,
are conducted by marine inspectors from the Cleveland Marine Inspection
Office rather than from the Pittsburgh Marine Inspection Office.
[CGD 82-019, 47 FR 13797, Apr. 1, 1982]
Sec. 3.45-10 Buffalo Marine Inspection Zone and Captain of the Port Zone.
(a) The Buffalo Marine Inspection Office and the Buffalo Captain of
the Port Office are located in Buffalo, New York.
(b) The Buffalo Marine Inspection Zone and Captain of the Port Zone
include all navigable waters of the United States and contiguous land
areas within the following boundaries: From the international boundary
in Lake Erie at longitude 80[deg]31[min]12[sec] W. (Ohio/Pennsylvania
State boundary); thence due south to latitude 41[deg] N.; thence due
east to longitude 78[deg]55[min] W.; thence due north to latitude
42[deg] N.; thence due east to longitude 74[deg]39[min] W.; thence due
north to the international boundary; thence southeasterly along the
international boundary to the starting point.
[CGD 82-019, 47 FR 13798, Apr. 1, 1982]
Sec. 3.45-15 Chicago Marine Inspection Zone and Captain of the Port Zone.
(a) The Chicago Marine Inspection Office and the Chicago Captain of
the Port Office are located in Chicago, Illinois.
(b) The Chicago Marine Inspection Zone and the Chicago Captain of
the Port Zone include those parts of Michigan, Indiana, Ohio, and
Illinois within the following boundaries: From the Illinois-Wisconsin
boundary at longitude 90[deg] W.; thence due east to longitude 87[deg]
W.; thence due north to latitude 44[deg]15[min] N., thence northeasterly
to latitude 44[deg]43[min] N., longitude 86[deg]40[min] W.; thence due
east to longitude 84[deg]30[min] W.; thence due south to latitude
41[deg] N.; thence due west to longitude 90[deg] W.; thence due north to
the starting point.
[CGD 94-107, 60 FR 17223, Apr. 5, 1995]
Sec. 3.45-20 Detroit Marine Inspection Zone and Captain of the Port Zone.
(a) The Detroit Marine Inspection Office and the Detroit Captain of
the Port Office are located in Detroit, Michigan.
(b) The Detroit Marine Inspection Zone and Captain of the Port Zone
include all navigable waters of the United States and contiguous land
areas within the following boundaries: From latitude 42[deg] N.,
longitude 84[deg]30[min]W.; thence due east to the international
boundary; thence northerly along the international boundaries to
latitude 44[deg]43[min] N.; thence due west to longitude 84[deg]30[min]
W.; thence due south to the starting point.
Sec. 3.45-25 Duluth Marine Inspection Zone and Captain of Port Zone.
(a) The Duluth Marine Inspection Office and the Duluth Captain of
the Port Office are located in Duluth, Minnesota.
(b) The boundary of the Duluth Marine Inspection Zone and Captain of
the Port Zone starts at the intersection of the Minnesota-North Dakota
boundary and the international boundary; thence southerly along the
Minnesota-North Dakota boundary to latitude 46[deg]20[min] N.; thence
due east to longitude 88[deg]30[min] W.; thence northeasterly to the
shore of Lake Superior at longitude 87[deg]45[min] W.; thence northerly
to Manitou Island Light, located at latitude 47[deg]25[min] N.,
longitude 87[deg]35[min] W.;thence due north to the international
boundary at longitude 87[deg]35[min] W.; thence westerly along the
international boundary to the starting point.
Sec. 3.45-30 Milwaukee Marine Inspection Zone and Captain of the Port
Zone.
(a) The Milwaukee Marine Inspection Office and the Milwaukee Captain
of the Port Office are located in Milwaukee, Wisconsin.
(b) The boundary of the Milwaukee Marine Inspection Zone and the
Milwaukee Captain of the Port Zone starts at the Illinois-Wisconsin
boundary at longitude 90[deg] W.; thence due east to longitude 87[deg]
W.; thence due north to latitude 44[deg]15[min] N.; thence northeasterly
to latitude 44[deg]43[min] N., longitude 86[deg]40[min] W.; thence due
north to latitude 45[deg]27[min] N.; thence due west to longitude
88[deg]30[min] W.;
[[Page 48]]
thence due north to latitude 46[deg]20[min] N.; thence due west to
longitude 90[deg] W.; thence due south to the starting point.
[CGD 82-019, 47 FR 13798, Apr. 1, 1982, as amended by CGD 94-107, 60 FR
17224, Apr. 5, 1995]
Sec. 3.45-45 Sault Ste. Marie Marine Inspection Zone and Captain of
the Port Zone.
(a) The Sault Ste. Marie Marine Inspection Office and the Sault Ste.
Marie Captain of the Port Office are located in Sault Ste. Marie,
Michigan.
(b) The boundary of the Sault Ste. Marie Marine Inspection Zone and
the Sault Ste. Marie Captain of the Port Zone starts at the
international boundary at latitude 44[deg]43[min] N.; thence due west to
longitude 86[deg]40[min] W.; thence due north to latitude 45[deg]27[min]
N.; thence due west to longitude 88[deg]30[min] W.; thence due north to
latitude 46[deg]20[min] N.; thence northeasterly to the shore of Lake
Superior at longitude 87[deg]45[min] W.; thence northerly to Manitou
Island Light, located at latitude 47[deg]25[min] N., longitude
87[deg]35[min] W.; thence due north to the international boundary at
longitude 87[deg]35[min] W.; thence southeasterly along the
international boundary to the starting point.
[CGD 94-107, 60 FR 17224, Apr. 5, 1995]
Sec. 3.45-50 Toledo Marine Inspection Zone and Captain of the Port Zone.
(a) The Toledo Marine Inspection Office and the Toledo Captain of
the Port Office are located in Toledo, Ohio.
(b) The Toledo Marine Inspection Zone and Captain of the Port Zone
include all navigable waters of the United states and contiguous land
areas within the following boundaries: From latitude 42[deg] N.;
longitude 84[deg]30[min] W.; thence due south to latitude 41[deg] N.;
thence due east to longitude 82[deg]25[min] W.; thence due north to the
international boundary in Lake Erie; thence northwesterly along the
international boundary to latitude 42[deg] N.; thence due west to the
starting point.
Subpart 3.55_Eleventh Coast Guard District
Sec. 3.55-1 Eleventh district.
(a) The District Office is in Alameda, California.
(b) The Eleventh Coast Guard District is comprised of: Arizona;
Utah; Nevada; California; and the ocean area bounded by a line from the
California-Oregon state line westerly to 40[deg] N. latitude, 150[deg]
W. longitude; thence southeasterly to 5[deg] S. latitude, 110[deg] W.
longitude; thence northeasterly to the border between Guatemala and
Mexico on the Pacific Coast (14[deg]38[min] N. latitude, 92[deg]19[min]
W. longitude).
[CGFR 61-40, 26 FR 10351, Nov. 3, 1961, as amended by CGD 87-008, 52 FR
13084, Apr. 21, 1987; CGD 96-025, 61 FR 29959, June 13, 1996]
Sec. 3.55-10 Los Angeles-Long Beach Marine Inspection Zone and
Captain of the Port Zone.
(a) The Los Angeles-Long Beach Marine Inspection Office and the Los
Angeles-Long Beach Captain of the Port Office are located in Long Beach,
California.
(b) The Los Angeles-Long Beach Marine Inspection Zone and Captain of
the Port Zone comprise the land masses and waters of California south of
Monterey, Kings, Tulare, and Inyo Counties except San Diego and Imperial
Counties. The offshore boundary starts at a line bearing 240[deg] T from
the intersection of the Monterey-San Luis Obispo County line
(approximately 35[deg]47.5[min] N. latitude) and the California coast to
the outermost extent of the EEZ; thence proceeds southerly along the
outermost extent of the EEZ to a line bearing 255[deg] T from the
intersection of the Orange-San Diego County lines (approximately
33[deg]22.5[min] N. latitude) and the California coast; thence easterly
along this line to the coast.
[CGD 74-241, 39 FR 44979, Dec. 30, 1974, as amended by CGD 77-234, 43 FR
18553, May 1, 1978; CGD 77-241, 44 FR 10983, Feb. 26, 1979; CGD 82-038,
47 FR 27264, June 24, 1982; CGD 93-020, 58 FR 51731, Oct. 4, 1993]
Sec. 3.55-15 San Diego Marine Inspection Zone and Captain of the
Port Zone.
(a) The San Diego Marine Inspection Office and San Diego Captain of
the
[[Page 49]]
Port Office are located in San Diego, California.
(b) The San Diego Marine Inspection Zone and Captain of the Port
Zone comprise the land masses and waters of Arizona; in Utah,
Washington, Kane, San Juan, and Garfield Counties; in Nevada, Clark
County; and in California, San Diego and Imperial Counties. The offshore
boundary, which includes all ocean waters and islands contained therein,
starts at the intersection of the Orange-San Diego County lines
(approximately 33[deg]22.5[min] N. latitude) and the California coast
and proceeds seaward on a line bearing 255 T[deg] to the outermost
extent of the EEZ; thence proceeds southerly along the outermost extent
of the EEZ to the intersection of the maritime boundary with Mexico;
thence easterly, along the maritime boundary with Mexico to its
intersection with the California coast.
[CGD 74-241, 39 FR 44980, Dec. 30, 1974, as amended by CGD 77-241, 44 FR
10983, Feb. 26, 1979; CGD 82-038, 47 FR 27264, June 24, 1982; CGD 93-
020, 58 FR 59364, Nov. 9, 1993]
Sec. 3.55-20 San Francisco Bay Marine Inspection Zone and Captain of
the Port Zone.
(a) The San Francisco Bay Marine Inspection Zone and Captain of the
Port Office are located in Alameda, California.
(b) The San Francisco Bay Marine Inspection Zone and Captain of the
Port Zone comprise the land masses and waters of Wyoming within the
boundaries of Sweetwater County; Utah, except for Washington, Kane, San
Juan, and Garfield Counties; Nevada, except for Clark County; and
California, north of San Luis Obispo, Kern, and San Bernardino Counties.
It also includes all ocean waters and islands contained therein of the
EEZ bounded on the north by the northern boundary of the Eleventh Coast
Guard District which is described in Sec. 3.55-1; and on the south by a
line bearing 240[deg] T from the intersection of the Monterey-San Luis
Obispo County lines (approximately 35[deg]47.5[min] N. latitude) and the
California coast to the outermost extent of the EEZ; and on the west by
the outermost extent of the EEZ.
[CGD 93-020, 58 FR 51731, Oct. 4, 1993]
Subpart 3.65_Thirteenth Coast Guard District
Sec. 3.65-1 Thirteenth district.
(a) The District Office is in Seattle, Wash.
(b) The Thirteenth Coast Guard District shall comprise Washington,
Oregon, Idaho, and Montana; and the ocean area bounded by a line from
California-Oregon state line westerly to latitude 40[deg] N. longitude,
150[deg] W., thence northeasterly to latitude 54[deg]40[min] N.,
longitude 140[deg] W., thence due east to the Canadian coast.
[CGFR 61-40, 26 FR 10352, Nov. 3, 1961]
Sec. 3.65-10 Puget Sound Marine Inspection Zone and Captain of the
Port Zone.
(a) The Puget Sound Marine Inspection Office and the Puget Sound
Captain of the Port Office are located in Seattle, Washington.
(b) The boundary of the Puget Sound Marine Inspection Zone and
Captain of the Port Zone starts at 48[deg]29[min]35[sec] N. latitude,
124[deg]43[min]45[sec] W. longitude and proceeds along the Canadian
border eastward to the Montana-North Dakota boundary; thence southerly
along this boundary to the Wyoming State line; thence westerly and
southerly along the Montana-Wyoming boundary to the Idaho State line;
thence northwesterly along the Montana-Idaho boundary to 46[deg]55[min]
N. latitude; thence westerly along 46[deg]55[min] N. latitude to
123[deg]18[min] W. longitude; thence northerly to a point 47[deg]32[min]
N. latitude, 123[deg]18[min] W. longitude; thence westerly along
47[deg]32[min] N. latitude to the outermost extent of the EEZ; thence
northeasterly along the outermost extent of the EEZ to the Canadian
border; thence easterly along the Canadian border to the point of
origin.
[CGD 84-056, 49 FR 33874, Aug. 27, 1984, as amended by CGD 93-020, 58 FR
51731, Oct. 4, 1993]
Sec. 3.65-15 Portland, Oregon, Marine Inspection Zone and Captain of
the Port Zone.
(a) The Portland Marine Inspection Office and the Portland Captain
of the Port Office are located in Portland, Oregon.
[[Page 50]]
(b) The boundary of the Portland, Oregon, Marine Inspection Zone and
Captain of the Port Zone starts at the Washington coast at
47[deg]32[min] N. latitude and proceeds along this latitude easterly to
a point 47[deg]32[min] N. latitude, 123[deg]18[min] W. longitude; thence
southerly to 46[deg]55[min] N. latitude; thence easterly along this
latitude to the eastern Idaho State line; thence southeasterly along the
Idaho State line to the intersection of the Idaho-Wyoming boundary;
thence southerly along the Idaho-Wyoming boundary to the intersection of
the Idaho-Utah-Wyoming boundaries; thence westerly along the
42[deg]00[min] N. latitude to the sea. The offshore boundary is bounded
on the south by the southern boundary of the Thirteenth Coast Guard
District which is described in Sec. 3.65-10, to the outermost extent of
the EEZ; thence northerly along the outermost extent of the EEZ to
47[deg]32[min] N. latitude; thence easterly along 47[deg]32[min] N.
latitude to the coast.
[CGD 74-78, 39 FR 17312, May 15, 1974, as amended by CGD 77-241, 44 FR
10983, Feb. 26, 1979; CGD 93-020, 58 FR 51731, Oct. 4, 1993; 59 FR 948,
Jan. 7, 1994]
Subpart 3.70_Fourteenth Coast Guard District
Sec. 3.70-1 Fourteenth district.
(a) The District Office is in Honolulu, Hawaii.
(b) The Fourteenth Coast Guard District shall comprise the State of
Hawaii; and the Pacific Islands belonging to the United States south of
latitude 40[deg] N., and west of a line running from 40[deg] N.,
150[deg] W. through latitude 5[deg] S., 110[deg] W.; the ocean area west
and south of a line running from position 51[deg] N., 158[deg] E. to
position 43[deg] N., 165[deg] E.; thence due south to latitude 40[deg]
N.; thence due east to longitude 150[deg] W.; thence southeasterly
through latitude 5[deg] S., longitude 110[deg] W.
[CGFR 61-40, 26 FR 10352, Nov. 3, 1961, as amended by CGFR 70-150, 36 FR
912, Jan. 20, 1971]
Sec. 3.70-10 Honolulu Marine Inspection Zone and Captain of the Port
Zone.
(a) The Honolulu Marine Inspection Office and Captain of the Port
Office are in Honolulu, Hawaii.
(b) The boundaries of the Honolulu Marine Inspection Zone coincide
with the boundaries of the Fourteenth Coast Guard District, excluding
portions surrounding the territory of Guam, the Commonwealth of the
Northern Mariana Islands, and the Trust Territory of the Pacific Islands
covered in Sec. 3.70-15(b).
(c) The Honolulu Captain of the Port Zone comprises:
(1) The State of Hawaii, including all the islands and atolls of the
Hawaiian Chain and the adjacent waters of the EEZ.
(2) American Samoa and the adjacent waters of the EEZ.
(3) Johnston Atoll and the adjacent waters of the EEZ.
(4) Palmyra Atoll and Kingman Reef and the adjacent waters of the
EEZ.
(5) Wake Island and the adjacent waters of the EEZ.
(6) Jarvis Island and the adjacent waters of the EEZ.
(7) Howland and Baker Islands and the adjacent waters of the EEZ.
(8) Midway Island and the adjacent waters of the EEZ.
(d) In American Samoa, required notifications to the Officer in
Charge, Marine Inspection and the Captain of the Port, Honolulu, may be
made to: Supervisor, United States Coast Guard, Marine Safety
Detachment, P.O. Box 249, Pago Pago, American Samoa 96799-0249.
[CGD 82-019, 47 FR 13798, Apr. 1, 1982, as amended by CDG 88-037, 53 FR
21814, June 10, 1988; CGD 89-039, 54 FR 19166, May 4, 1989; CGD 93-020,
58 FR 51731, Oct. 4, 1993; 59 FR 948, Jan. 7, 1994]
Sec. 3.70-15 Guam Marine Inspection Zone and Captain of the Port Zone.
(a) The Guam Marine Inspection Office and Captain of the Port Office
are located in Piti, Guam.
(b) The Guam Marine Inspection Zone and Captain of the Port Zone
comprise:
(1) The Territory of Guam and the adjacent waters of the EEZ.
(2) The Commonwealth of the Northern Mariana Islands and the
adjacent waters of the EEZ.
(c) In Commonwealth of the Northern Mariana Islands, required
notifications
[[Page 51]]
to the Officer in Charge, Marine Inspection and the Captain of the Port,
Guam, may be made to: Supervisor, United States Coast Guard, Marine
Safety Detachment, Emergency Operations Center, Capitol Hill, Saipan,
Commonwealth of the Northern Mariana Islands 96950-5000.
[CGD 93-020, 58 FR 51731, Oct. 4, 1993, as amended by CGD 97-023, 62 FR
33361, June 19, 1997]
Subpart 3.85_Seventeenth Coast Guard District
Sec. 3.85-1 Seventeenth district.
(a) The District Office is in Juneau, Alaska.
(b) The Seventeenth Coast Guard District shall comprise the State of
Alaska; the ocean area bounded by a line from the Canadian Coast at
latitude 54[deg]40[min] N. due west to longitude 140[deg] W.; thence
southwesterly to position 40[deg] N., 150[deg] W.; thence due west to
position 40[deg] N., 165[deg] E.; thence due north to latitude 43[deg]
N.; thence northwesterly to 51[deg] N., 158[deg] E.; thence north and
east along the coastline of the continent of Asia to East Cape; thence
north to the Arctic Ocean.
[CGFR 61-40, 26 FR 10353, Nov. 3, 1961, as amended by CGFR 70-150, 36 FR
912, Jan. 20, 1971]
Sec. 3.85-10 Southeast Alaska Marine Inspection Zone and Captain of
the Port Zone.
(a) The Southeast Alaska Marine Inspection Office and the Southeast
Alaska Captain of the Port Office are located in Juneau, Alaska.
(b) The Southeast Alaska Marine Inspection Zone and Captain of the
Port Zone comprise the area within the boundary which starts at
60[deg]01.3[min] N. latitude, 142[deg]00[min] W. longitude; thence
proceeds northeasterly to the Canadian border at 60[deg]18.7[min] N.
latitude, 141[deg]00[min] W. longitude; thence southerly and easterly
along the United States-Canadian shoreside boundary to 54[deg]40[min] N.
latitude; thence westerly along the United States-Canadian maritime
boundary to the outermost extent of the EEZ; thence northerly along the
outer boundary of the EEZ to 142[deg]00[min] W longitude; thence due
north to the point of origin.
[CGD 75-095, 40 FR 28451, July 7, 1975, as amended by CGD 77-241, 44 FR
10983, Feb. 26, 1979; CGD 93-020, 58 FR 51732, Oct. 4, 1993]
Sec. 3.85-15 Western Alaska Marine Inspection Zone and Captain of
the Port Zone.
(a) The Western Alaska Marine Inspection Office and the Western
Alaska Captain of the Port Office are located in Anchorage, Alaska.
(b) The Western Alaska Marine Inspection Zone and Captain of the
Port Zone comprise that portion of the State of Alaska and the adjacent
waters to the outermost extent of the EEZ, except for those sections of
Alaska covered in Sec. Sec. 3.85-10(b) and 3.85-20(b).
[CGD 77-023, 42 FR 36252, July 14, 1977; 42 FR 38354, July 28, 1977, as
amended by CGD 77-241, 44 FR 10983, Feb. 26, 1979; CGD 90-063, 55 FR
52047, Dec. 19, 1990; CGD 93-020, 58 FR 51732, Oct. 4, 1993]
Sec. 3.85-20 Prince William Sound Marine Inspection Zone and Captain
of the Port Zone.
(a) The Prince William Sound Marine Inspection Office and the Prince
William Sound Captain of the Port Office are located in Valdez, Alaska.
(b) The Prince William Sound Marine Inspection Zone and Captain of
the Port Zone comprise the area within the boundary which starts at Cape
Puget at 148[deg]26[min] W. longitude, 59[deg]56.06[min] N. latitude,
and proceeds northerly to 61[deg]30[min] N. latitude; thence easterly to
the United States-Canadian boundary; thence southerly along the United
States-Canadian boundary to 60[deg]18.7[min] N. latitude; thence
southwesterly to the sea at 60[deg]01.3[min] N. latitude,
142[deg]00[min] W. longitude; thence southerly along 142[deg]00[min] W.
longitude to the outermost boundary of the EEZ; thence along the
outermost boundary of the EEZ to 148[deg]26[min] N. longitude; thence
northerly along 148[deg]26[min] W. longitude to the place of origin at
Cape Puget at 59[deg]56.06[min] N. latitude.
[CGD 77-023, 42 FR 36252, July 14, 1977, as amended by CGD 77-241, 44 FR
10983, Feb. 26, 1979; CGD 79-133, 44 FR 70720, Dec. 10, 1979; CGD 90-
063, 55 FR 52047, Dec. 19, 1990; 56 FR 2134, Jan. 22, 1991; CGD 93-020,
58 FR 51732, Oct. 4, 1993]
[[Page 52]]
PART 4_OMB CONTROL NUMBERS ASSIGNED PURSUANT TO THE PAPERWORK REDUCTION
ACT--Table of Contents
Sec.
4.01 Purpose.
4.02 Display.
Authority: 44 U.S.C. 3507; Department of Homeland Security
Delegation No. 0170.1.
Sec. 4.01 Purpose.
This part collects and displays the control numbers assigned to
information collection requirements of the Coast Guard by the Office of
Management and Budget pursuant to the Paperwork Reduction Act of 1980,
(Pub. L. 96-511, 44 U.S.C. 3501 et seq.). The Coast Guard intends that
this subpart comply with the requirements of section 3507(f) of the
Paperwork Reduction Act, which requires that agencies display a current
control number assigned by the Director of the Office of Management and
Budget (``OMB'') for each agency information collection requirement.
[CGD 84-050, 49 FR 26584, June 28, 1984]
Sec. 4.02 Display.
------------------------------------------------------------------------
33 CFR part or section where identified
and described Current OMB control No.
------------------------------------------------------------------------
Part 6................................. 1625-0020
Part 67................................ 1625-0011
Part 96................................ 1625-0084
Part 100............................... 1625-0008
Part 101............................... 1625-0077
Section 101.115........................ 1625-0017
Part 103............................... 1625-0077
Part 104............................... 1625-0077
Section 104.297........................ 1625-0017
Part 105............................... 1625-0077
Part 106............................... 1625-0077
Part 115............................... 1625-0015
Part 116............................... 1625-0073
Part 120............................... 1625-0077
Section 126.15(c)...................... 1625-0016
Section 126.17......................... 1625-0005
Part 127............................... 1625-0049
Section 127.617........................ 1625-0016
Section 127.1603....................... 1625-0016
Part 128............................... 1625-0077
Part 130............................... 1625-0046
Part 138............................... 1625-0046
Section 140.15......................... 1625-0050
Section 140.103........................ 1625-0054
Section 141.35......................... 1625-0098
Part 143............................... 1625-0059
Part 144............................... 1625-0059
Part 145............................... 1625-0059
Part 146............................... 1625-0001 and
1625-0059
Section 146.130........................ 1625-0044
Section 146.140........................ 1625-0059
Section 146.210........................ 1625-0059
Part 151............................... 1625-0009
Section 151.19......................... 1625-0041
Section 151.21......................... 1625-0041
Section 151.43......................... 1625-0045
Section 151.55......................... 1625-0072
Section 151.57......................... 1625-0072
Section 151.2040....................... 1625-0069
Section 153.203........................ 1625-0096
Section 154.107........................ 1625-0095
Section 154.108........................ 1625-0095
Section 154.110........................ 1625-0093
Section 154.300 through 154.325........ 1625-0021
Section 154.710........................ 1625-0039
Section 154.740........................ 1625-0039
Section 154.804........................ 1625-0060
Section 154.806........................ 1625-0060
Section 154.1220....................... 1625-0066
Section 154.1225....................... 1625-0066
Section 155.120........................ 1625-0051 and
1625-0095
Section 155.130........................ 1625-0051 and
1625-0095
Section 155.710........................ 1625-0072
Section 155.715........................ 1625-0072
Section 155.720........................ 1625-0030
Section 155.740........................ 1625-0030
Section 155.750........................ 1625-0030
Section 155.820........................ 1625-0030
Section 155.820(d)..................... 1625-0039
Section 156.107........................ 1625-0095
Section 156.110........................ 1625-0095
Section 156.120........................ 1625-0039
Section 156.150........................ 1625-0039
Part 156, Subpart B.................... 1625-0042
Section 156.200........................ 1625-0042
Part 157............................... 1625-0036 and
1625-0041
Section 157.37......................... 1625-0041
Section 157.415........................ 1625-0083
Section 157.420........................ 1625-0083
Section 157.430........................ 1625-0083
Section 157.435........................ 1625-0083
Section 157.450........................ 1625-0083
Section 157.455........................ 1625-0083
Part 158............................... 1625-0045
Section 158.140........................ 1625-0045
Section 158.150........................ 1625-0045
Section 158.165........................ 1625-0045
Section 158.190........................ 1625-0045
Part 159............................... 1625-0041 and
1625-0092
Part 160............................... 1625-0043 and
1625-0100
Part 161............................... 1625-0043
Part 164............................... 1625-0043 and
1625-0082
Part 165............................... 1625-0020 and
1625-0043
Section 165.100........................ 1625-0088
Section 165.803(i)..................... 1625-0023
Section 165.1709....................... 1625-0043
Section 169.140........................ 1625-0103
Section 173.55......................... 1625-0003
Section 179.13......................... 1625-0010
Section 179.15......................... 1625-0010
Section 181.21 through 181.31.......... 1625-0056
Part 183............................... 1625-0056
Part 187............................... 1625-0070
------------------------------------------------------------------------
[69 FR 34924, June 23, 2004]
[[Page 53]]
PART 5_COAST GUARD AUXILIARY--Table of Contents
Sec.
5.01 Definitions.
5.03 Purpose.
5.05 Organization.
5.07 Administration.
5.09 Eligibility for membership.
5.11 Membership in military organizations.
5.13 Application for membership.
5.15 Admission to membership.
5.17 Disenrollment.
5.19 Training.
5.21 Ranks, titles, designations, or grades.
5.23 Advancement.
5.25 Honorary members.
5.27 Assignment to specific duties.
5.29 Assignment to duty on a motorboat, yacht, aircraft, or radio
station.
5.31 Power and authority.
5.33 Training, examination, and assignment.
5.35 Use of facilities.
5.37 Offer of facilities.
5.39 Acceptance of facilities.
5.41 Emergencies.
5.43 Public vessels, aircraft, and radio stations.
5.45 Return of facility.
5.47 Auxiliary ensign.
5.48 Auxiliary Patrol Boat ensign.
5.49 Reimbursement for expenses.
5.55 Compensation.
5.57 Traveling expenses and per diem.
5.59 Medical treatment and hospitalization.
5.61 Uniforms.
5.63 Insignia.
5.65 Medals.
5.69 Limitations of rights, privileges, and benefits.
Authority: 14 U.S.C. 633, 892; Pub. L. 107-296, 116 Stat. 2135;
Department of Homeland Security Delegation No. 0170.
Source: CGFR 48-64, 13 FR 8393, Dec. 28, 1948, unless otherwise
noted.
Sec. 5.01 Definitions.
Certain terms used in this part are defined as follows:
(a) Act means the Coast Guard Auxiliary and Reserve Act of 1941, as
amended, and recodified by Act of August 4, 1949, as 14 U.S.C. 821
through 832.
(b) Auxiliary means the United States Coast Guard Auxiliary
established pursuant to the Act.
(c) Commandant means the Commandant of the United States Coast
Guard.
(d) Member means any person who is a member of the Auxiliary.
(e) Vessel means a motorboat or yacht.
(f) Motorboat means any documented or numbered vessel propelled by
machinery, not more than 65 feet in length measured end to end over the
deck excluding sheer.
(g) Yacht means either (1) any documented or numbered vessel used
exclusively for pleasure, or (2) any sailboat used exclusively for
pleasure over 16 feet in length measured from end to end over the deck
excluding sheer.
(h) Radio station means any equipment (including a building which
houses such equipment) the use of which to transmit communications by
radio is authorized pursuant to law.
(i) Aircraft means any contrivance now known or hereafter invented,
used or designed for navigation of or flight in the air.
(j) Secretary means the Secretary of Homeland Security when the
Coast Guard operates in the Department of Homeland Security or the
Secretary of the Navy when the Coast Guard operates as part of the Navy.
(k) Facility or facilities means a vessel, aircraft, and/or radio
station.
[CGFR 48-64, 13 FR 8393, Dec. 28, 1948, as amended by CGFR 59-58, 24 FR
10717, Dec. 25, 1959; CGD 96-026, 61 FR 33662, June 28, 1996; USCG-2003-
14505, 68 FR 9534, Feb. 28, 2003]
Sec. 5.03 Purpose.
The Auxiliary was created in order to assist the Coast Guard to:
(a) Promote safety and to effect rescues on and over the high seas
and on navigable waters.
(b) Promote efficiency in the operation of motorboats and yachts.
(c) Foster a wider knowledge of, and better compliance with, the
laws, rules, and regulations governing the operation of motorboats and
yachts.
(d) Facilitate other operations of the Coast Guard.
Sec. 5.05 Organization.
The Auxiliary is a nonmilitary organization administered by the
Commandant, under the direction of the Secretary.
Sec. 5.07 Administration.
Any authority vested in the Commandant by this part may be delegated
by him to such personnel of the Coast
[[Page 54]]
Guard, in such manner and to such extent, as he deems necessary or
appropriate for the functioning, organization, and internal
administration of the Auxiliary.
Sec. 5.09 Eligibility for membership.
To be eligible for membership in the Auxiliary, a person (male or
female) must be over 17 years of age; a citizen of the United States or
of its Territo ries and possessions; and either own not less than a
twenty-five percent interest in a motorboat, yacht, aircraft, or radio
station; or have had such special training or experience as to qualify
him in the opinion of the Commandant, for duty in the Auxiliary.
[CGFR 59-58, 24 FR 10717, Dec. 25, 1959]
Sec. 5.11 Membership in military organizations.
Members of the Auxiliary may also be enrolled, enlisted or
commissioned in the Coast Guard Reserve. Membership in the Auxiliary is
not a bar to membership in any other naval or military organization.
Sec. 5.13 Application for membership.
Application for membership in the Auxiliary shall be made on the
prescribed form which may be obtained from the Commander of the Coast
Guard district in which located. Membership is based on the needs of the
Auxiliary and will necessarily vary in the various Coast Guard
districts.
[CGFR 59-58, 24 FR 10717, Dec. 25, 1959]
Sec. 5.15 Admission to membership.
An applicant who is accepted for membership shall be enrolled in the
Auxiliary and shall be issued a membership certificate and
identification card. Mere ownership of such a certificate or card shall
not entitle a member of the Auxiliary to be vested with or exercise any
right, privilege, power, or duty vested in or imposed upon the personnel
of the Coast Guard or the Coast Guard Reserve.
[CGFR 59-58, 24 FR 10717, Dec. 25, 1959]
Sec. 5.17 Disenrollment.
A member of the Auxiliary shall be disenrolled on request; upon
ceasing to possess the qualifications for membership; for cause; upon
direction of the Commandant; or upon death.
[CGFR 59-58, 24 FR 10717, Dec. 25, 1959]
Sec. 5.19 Training.
The Commandant may authorize members of the Auxiliary to pursue
correspondence courses conducted by the Coast Guard Institute at cost
when the furnishing of such courses does not interfere with other
regular Coast Guard activities.
Sec. 5.21 Ranks, titles, designations, or grades.
The members of the Auxiliary shall have such ranks, titles,
designations, or grades, pursuant to their qualifications, as the
Commandant considers necessary for the administration and operation of
the Auxiliary.
Sec. 5.23 Advancement.
The Commandant shall prescribe the circumstances and qualifications
under which members of the Auxiliary may be advanced.
Sec. 5.25 Honorary members.
For conspicuous service to or active interest in the Auxiliary, the
Commandant may award any person with honorary membership in the
Auxiliary. An honorary member of the Auxiliary, solely by reason of such
honorary membership, shall not be entitled to any of the rights,
benefits, privileges, duties, or obligations of regular members of the
Auxiliary.
Sec. 5.27 Assignment to specific duties.
Members of the Auxiliary shall not be assigned to specific duties
until they have been found, after appropriate training and examination,
to be competent to perform such duties.
Sec. 5.29 Assignment to duty on a motorboat, yacht, aircraft, or
radio station.
No member of the Auxiliary shall be placed in charge of a motorboat,
yacht, aircraft, or radio station assigned to Coast Guard duty unless he
has been specifically designated by authority of the Commandant to
perform such duty.
[[Page 55]]
Sec. 5.31 Power and authority.
Members of the Auxiliary, when assigned to specific duties shall,
unless otherwise limited by the Commandant, be vested with the same
power and authority, in execution of such duties, as members of the
regular Coast Guard assigned to similar duties.
Sec. 5.33 Training, examination, and assignment.
The Commandant will prescribe the type of training, qualifications
and examinations required before a member of the Auxiliary shall be
deemed qualified to perform certain duties, and will prescribe the
circumstances and manner in which certain members of the Auxiliary shall
be authorized to perform regular and emergency specific duties.
Sec. 5.35 Use of facilities.
Section 826 of Title 14, U.S. Code, reads as follows:
The Coast Guard may utilize for any purpose incident to carrying out
its functions and duties as authorized by the Secretary any motorboat,
yacht, aircraft, or radio station placed at its disposition for any of
such purposes by any member of the Auxiliary, by any corporation,
partnership, or association, or by any State or political subdivision
thereof.
[CGFR 59-58, 24 FR 10717, Dec. 25, 1959]
Sec. 5.37 Offer of facilities.
Any member of the Auxiliary desiring to place a vessel, aircraft, or
radio station at the disposal of the Coast Guard pursuant to the Act and
the regulations in this part, shall communicate with the Commander of
the Coast Guard district in which located indicating in such
communication which facility is offered. Except in emergencies, an offer
to the Coast Guard must be made on the prescribed form.
[CGFR 59-58, 24 FR 10717, Dec. 25, 1959]
Sec. 5.39 Acceptance of facilities.
No vessel, aircraft or radio station shall be deemed loaned to the
Coast Guard until an acceptance, on the prescribed form, has been signed
on behalf of the Coast Guard by a person authorized by the Commandant to
sign such acceptance and a complete inventory of consumable and
expendable stores and equipment has been made and mutually settled by
the owner and the representative of the Coast Guard.
[CGFR 59-58, 24 FR 10717, Dec. 25, 1959]
Sec. 5.41 Emergencies.
In an emergency, as declared by the Commandant, the offer of a
vessel, aircraft, or radio station may be made without the use of the
prescribed form, and such facility may be accepted on behalf of the
Coast Guard without the use of the acceptance section of the above form
or the inventory last above mentioned.
[CGFR 59-58, 24 FR 10717, Dec. 25, 1959]
Sec. 5.43 Public vessels, aircraft, and radio stations.
While assigned to Coast Guard duty as authorized herein:
(a) Any motorboat or yacht shall be deemed to be a public vessel of
the United States, and within the meaning of section 827 of title 14,
U.S. Code, shall be deemed to be a vessel of the United States Coast
Guard.
(b) Any aircraft shall be deemed to be a vessel of the United States
Coast Guard within the meaning of section 828 of title 14, U.S. Code,
and shall be deemed to be a ``public aircraft'' within the meaning of
the act of June 23, 1958 (72 Stat. 737; 49 U.S.C. 1301).
(c) Any radio station shall be deemed to be a radio station of the
United States Coast Guard and a ``Government station'' within the
meaning of section 829, title 14, U.S. Code.
[CGFR 59-58, 24 FR 10717, Dec. 25, 1959]
Sec. 5.45 Return of facility.
A vessel, aircraft, or radio station placed at the disposal of the
Coast Guard for a specific period, shall be returned at the expiration
of such period, unless circumstances or emergent need make the return
impracticable at that time. The Commandant will determine the method,
time, and documents to be exchanged upon the return to the owner of any
facility. The property shall be reinventoried as of the time, date and
place of redeliv ery, and mutually settled by the owner and the
representative of the Coast Guard. Should
[[Page 56]]
the vessel have been accepted under emergent conditions, any claim for
lost equipment or stores must be supported by invoices showing the date
of purchase and the cost thereof by the person submitting claim
therefor. The representative of the Coast Guard shall take all proper
precautions to protect the interest of the owner as well as that of the
United States.
Sec. 5.47 Auxiliary ensign.
(a) The Coast Guard Auxiliary ensign is a distinguishing mark,
authorized by the Secretary, and may be displayed by any vessel,
aircraft, or radio station at such times and under such circumstances as
may be authorized by the Commandant. The penalty for the unauthorized
flying of any ensign, flag or pennant of the Auxiliary is set forth in
Sec. 5.67 of this part.
(b) The field of the Auxiliary ensign is medium blue (Coast Guard
blue) with a broad diagonal white slash upon which a matching blue Coast
Guard Auxiliary emblem is centered. The white slash shall be at a 70
degree angle, rising away from the hoist.
(c) The Auxiliary emblem consists of a disk with the shield of the
Coat of Arms of the United States circumscribed by an annulet edged and
inscribed ``U.S. COAST GUARD AUXILIARY'' all in front of two crossed
anchors.
[CGD 85-073, 52 FR 36760, Oct. 1, 1987; 52 FR 37716, Oct. 8, 1987]
Sec. 5.48 Auxiliary Patrol Boat ensign.
(a) The Coast Guard Auxiliary Patrol Boat ensign is authorized to be
flown on all Auxiliary Operational Facility vessels under orders. The
penalty for the unauthorized flying of any ensign, flag or pennant of
the Auxiliary is set forth in Sec. 5.67 of this part.
(b) The field of the Auxiliary Patrol Boat ensign is white. A medium
blue (Coast Guard blue) Coast Guard Auxiliary emblem is centered on a
broad diagonal red (Coast Guard red) slash which is at a 70 degree
angle, rising toward the hoist. The red (Coast Guard red) slash is
followed, away from the hoist, by two narrow, parallel stripes, first a
white stripe and then a medium blue (Coast Guard blue) stripe. The
entire design is centered on the ensign.
[CGD 85-073, 52 FR 36760, Oct. 1, 1987]
Sec. 5.49 Reimbursement for expenses.
Any person whose facility has been offered to and accepted by the
Coast Guard may be reimbursed for the actual necessary expenses of
operating that facility, in accordance with applicable statutes and the
procedures prescribed by the Commandant.
[USCG-2003-15404, 68 FR 37740, June 25, 2003]
Sec. 5.55 Compensation.
No member of the Auxiliary shall receive any compensation for his
services as a member of the Auxiliary.
Sec. 5.57 Traveling expenses and per diem.
A member of the Auxiliary, when assigned to specific duties, may be
paid actual necessary traveling expenses, including a per diem
allowance, in conformity with Comptroller's Manual, U.S. Coast Guard.
[CGFR 49-46, 14 FR 7528, Dec. 16, 1949, as amended by CGFR 61-55, 26 FR
10571, Dec. 28, 1961]
Sec. 5.59 Medical treatment and hospitalization.
When any member of the Auxiliary is physically injured or dies as a
result of physical injury incurred while performing patrol duty or any
other specific duty to which he has been assigned, such member or his
beneficiary shall be entitled to the same benefits as are now or as may
hereafter be provided for temporary members of the Coast Guard Reserve
who suffer physical injury or death resulting from physical injury
incurred in line of duty. Members of the Auxiliary who contract sickness
or disease while performing patrol duty or any other specific duty to
which they have been assigned shall be entitled to the same hospital
treatment as is afforded members of the Regular Coast Guard.
Sec. 5.61 Uniforms.
Members of the Auxiliary may purchase from the Coast Guard at actual
cost such uniforms as may be authorized by the Secretary. Such uniforms
[[Page 57]]
may be worn by members of the Auxiliary under such circumstances and
upon such occasions as may be authorized by the Commandant.
Sec. 5.63 Insignia.
Insignia, as authorized by the Secretary, may be purchased from the
Coast Guard at actual cost and may be worn by members of the Auxiliary
under such circumstances, at such places, and upon such occasions as may
be prescribed by the Commandant.
Sec. 5.65 Medals.
The Commandant may make awards, including medals, to members of the
Auxiliary.
Sec. 5.69 Limitations of rights, privileges, and benefits.
Section 893 of Title 14, U.S. Code, reads as follows:
Members of the Auxiliary and temporary members of the Reserve shall
be entitled only to such rights, privileges, and benefits as are
specifically set forth for them in this title or as may be specifically
provided for them in any other Act of Congress. Any Act of Congress
which grants rights, privileges, or benefits generally to military
personnel, or among others, to personnel of the Coast Guard and the
Coast Guard Reserve, without specifically granting such rights,
privileges, or benefits to members of the Auxiliary or temporary members
of the Reserve, shall not be deemed applicable to members of the
Auxiliary or to temporary members of the Reserve.
[CGFR 59-58, 24 FR 10718, Dec. 25, 1959]
PART 6_PROTECTION AND SECURITY OF VESSELS, HARBORS, AND WATERFRONT
FACILITIES--Table of Contents
Subpart 6.01_Definitions
Sec.
6.01-1 Commandant.
6.01-2 District Commander.
6.01-3 Captain of the Port.
6.01-4 Waterfront facility.
6.01-5 Security zone.
6.01-6 Area Commander.
Subpart 6.04_General Provisions
6.04-1 Enforcement.
6.04-5 Preventing access of persons, articles or things to vessels, or
waterfront facilities.
6.04-6 Establishing security zones; prohibitions with respect thereto.
6.04-7 Visitation, search, and removal.
6.04-8 Possession and control of vessels.
6.04-11 Assistance of other agencies.
Subpart 6.10_Identification and Exclusion of Persons From Vessels and
Waterfront Facilities
6.10-1 Issuance of documents and employment of persons aboard vessels.
6.10-5 Access to vessels and waterfront facilities.
6.10-7 Identification credentials.
6.10-9 Appeals.
Subpart 6.12_Supervision and Control of Explosives or Other Dangerous
Cargo
6.12-1 General supervision and control.
6.12-3 Approval of facility for dangerous cargo.
Subpart 6.14_Security of Waterfront Facilities and Vessels in Port
6.14-1 Safety measures.
6.14-2 Condition of waterfront facility a danger to vessel.
Subpart 6.16_Sabotage and Subversive Activity
6.16-1 Reporting of sabotage and subversive activity.
6.16-3 Precautions against sabotage.
Subpart 6.18_Penalties
6.18-1 Violations.
Subpart 6.19_Responsibility for Security of Vessels and Waterfront
Facilities
6.19-1 Primary responsibility.
Authority: 40 Stat. 220, as amended; 50 U.S.C. 191.
Source: E. O. 10173, 15 FR 7012, Oct. 20, 1950, unless otherwise
noted.
Cross Reference: For regulations implementing the general
enforcement provisions contained in Subparts 6.01--Definitions and
6.04--General Provisions, see part 125 of this chapter.
Subpart 6.01_Definitions
Sec. 6.01-1 Commandant.
Commandant as used in this part, means the Commandant of the United
States Coast Guard.
[[Page 58]]
Sec. 6.01-2 District Commander.
District Commander as used in this part, means the officer of the
Coast Guard designated by the Commandant to command a Coast Guard
District.
Sec. 6.01-3 Captain of the Port.
Captain of the Port as used in this part, means the officer of the
Coast Guard, under the command of a District Commander, so designated by
the Commandant for the purpose of giving immediate direction to Coast
Guard law enforcement activities within his assigned area. In addition,
the District Commander shall be Captain of the Port with respect to
remaining areas in his District not assigned to officers designated by
the Commandant as Captain of the Port.
[EO 11249, 30 FR 13001, Oct. 13, 1965]
Sec. 6.01-4 Waterfront facility.
Waterfront facility. ``Waterfront facility,'' as used in this part,
means all piers, wharves, docks, or similar structures to which vessels
may be secured and naval yards, stations, and installations, including
ranges; areas of land, water, or land and water under and in immediate
proximity to them; buildings on them or contiguous to them and equipment
and materials on or in them.
[EO 13143, 64 FR 68273, Dec. 6, 1999]
Sec. 6.01-5 Security zone.
Security zone as used in this part, means all areas of land, water,
or land and water, which are so designated by the Captain of the Port
for such time as he deems necessary to prevent damage or injury to any
vessel or waterfront facility, to safeguard ports, harbors, territories,
or waters of the United States or to secure the observance of the rights
and obligations of the United States.
[EO 11249, 30 FR 13001, Oct. 13, 1965]
Sec. 6.01-6 Area Commander.
Area Commander, as used in this part, means the officer of the Coast
Guard designated by the Commandant to command a Coast Guard Area.
[EO 13273, 67 FR 56215, Sept. 3, 2002]
Subpart 6.04_General Provisions
Sec. 6.04-1 Enforcement.
(a) The rules and regulations in this part shall be enforced by the
Captain of the Port under the supervision and general direction of the
District Commander, Area Commander, and the Commandant. All authority
and power vested in the Captain of the Port by the regulations in this
part shall be deemed vested in and may be exercised by the District
Commander, Area Commander, and the Commandant.
(b) The rules and regulations in this part may be enforced by any
other officer or petty officer of the Coast Guard designated by the
District Commander, Area Commander, or the Commandant.
(c) Any authority or power under this part vested in, delegated to,
or exercised by a member of the Coast Guard shall be subject to the
direction of the Secretary of the Department in which the Coast Guard is
operating.
[EO 13273, 67 FR 56215, Sept. 3, 2002]
Sec. 6.04-5 Preventing access of persons, articles or things to vessels,
or waterfront facilities.
The Captain of the Port may prevent any person, article, or thing
from boarding or being taken or placed on board any vessel or entering
or being taken into or upon or placed in or upon any waterfront facility
whenever it appears to him that such action is necessary in order to
secure such vessel from damage or injury or to prevent damage or injury
to any vessel, or waterfront facility or waters of the United States, or
to secure the observances of rights and obligations of the United
States.
[EO 11249, 30 FR 13001, Oct. 13, 1965]
Sec. 6.04-6 Establishing security zones; prohibitions with respect
thereto.
The Captain of a Port may establish security zones subject to the
terms and conditions specified in Sec. 6.01-5. No person or vessel
shall enter a security zone without the permission of the Captain of the
Port. No person shall board or take or place any article or thing on
board any vessel in a security zone without the permission of the
Captain of the Port. No person shall
[[Page 59]]
take or place any article or thing upon any waterfront facility in any
such zone without such permission.
[EO 11249, 30 FR 13001, Oct. 13, 1965]
Sec. 6.04-7 Visitation, search, and removal.
The Captain of the Port may cause to be inspected and searched at
any time any vessel, waterfront facility, or security zone, or any
person, article, or thing thereon or therein, within the jurisdiction of
the United States, may place guards upon any such vessel, waterfront
facility, or security zone and may remove therefrom any and all persons,
articles, or things not specifically authorized by him to go or remain
thereon or therein.
[EO 11249, 30 FR 13002, Oct. 13, 1965]
Sec. 6.04-8 Possession and control of vessels.
The Captain of the port may supervise and control the movement of
any vessel and shall take full or partial possession or control of any
vessel or any part thereof, within the territorial waters of the United
States under his jurisdiction, whenever it appears to him that such
action is necessary in order to secure such vessel from damage or
injury, or to prevent damage or injury to any vessel or waterfront
facility or waters of the United States, or to secure the observance of
rights and obligations of the United States.
Sec. 6.04-11 Assistance of other agencies.
The Captain of the port may enlist the aid and cooperation of
Federal, State, county, municipal, and private agencies to assist in the
enforcement of regulations issued pursuant to this part.
Subpart 6.10_Identification and Exclusion of Persons From Vessels and
Waterfront Facilities
Sec. 6.10-1 Issuance of documents and employment of persons aboard
vessels.
No person shall be issued a document required for employment on a
merchant vessel of the United States nor shall any person be employed on
a merchant vessel of the United States unless the Commandant is
satisfied that the character and habits of life of such person are such
as to authorize the belief that the presence of the individual on board
would not be inimical to the security of the United States: Provided,
That the Commandant may designate categories of merchant vessels to
which the foregoing shall not apply.
[EO 10352, 17 FR 4624, May 21, 1952]
Sec. 6.10-5 Access to vessels and waterfront facilities.
Any person on board any vessel or any person seeking access to any
vessel or any waterfront facility within the jurisdiction of the United
States may be required to carry identification credentials issued by or
otherwise satisfactory to the Commandant. The Commandant may define and
designate those categories of vessels and areas of the waterfront
wherein such credentials are required.
Sec. 6.10-7 Identification credentials.
The identification credential to be issued by the Commandant shall
be known as the Coast Guard Port Security Card, and the form of such
credential, and the conditions and the manner of its issuance shall be
as prescribed by the Commandant after consultation with the Secretary of
Labor. The Commandant shall not issue a Coast Guard Port Security Card
unless he is satisfied that the character and habits of life of the
applicant therefor are such as to authorize the belief that the presence
of such individual on board a vessel or within a waterfront facility
would not be inimical to the security of the United States. The
Commandant shall revoke and require the surrender of a Coast Guard Port
Security Card when he is no longer satisfied that the holder is entitled
thereto. The Commandant may recognize for the same purpose such other
credentials as he may designate in lieu of the Coast Guard Port Security
Card.
[EO 10277, 16 FR 7541, Aug. 2, 1951]
[[Page 60]]
Sec. 6.10-9 Appeals.
Persons who are refused employment or who are refused the issuance
of documents or who are required to surrender such documents, under this
subpart, shall have the right of appeal, and the Commandant shall
appoint Boards for acting on such appeals. Each such Board shall, so far
as practicable, be composed of one Coast Guard officer, one member drawn
from management, and one member drawn from labor. The members drawn from
management and labor shall, upon suitable security clearance, be
nominated by the Secretary of Labor. Such members shall be deemed to be
employees of the United States and shall be entitled to compensation
under the provisions of section 15 of the act of August 2, 1946 (5
U.S.C. 55a) while performing duties incident to such employment. The
Board shall consider each appeal brought before it and, in recommending
final action to the Commandant, shall insure the appellant all fairness
consistent with the safeguarding of the national security.
Subpart 6.12_Supervision and Control of Explosives or Other Dangerous
Cargo
Sec. 6.12-1 General supervision and control.
The Captain of the Port may supervise and control the
transportation, handling, loading, discharging, stowage, or storage of
hazardous materials on board vessels as covered by the regulations in 49
CFR parts 170-189, 46 CFR parts 150-156, 46 CFR parts 146-148 and the
regulations governing tank vessels (46 CFR parts 30-39).
[CGD 77-228, 43 FR 53427, Nov. 16, 1978]
Sec. 6.12-3 Approval of facility for dangerous cargo.
The Commandant may designate waterfront facilities for the handling
and storage of, and for vessel loading and discharging, explosives,
inflammable or combustible liquids in bulk, or other dangerous articles
or cargo covered by the regulations referred to in Sec. 6.12-1, and may
require the owners, operators, masters, and others concerned to secure
permits for such handling, storage, loading, and unloading from the
Captain of the Port, conditioned upon the fulfillment of such
requirements for the safeguarding of such waterfront facilities and
vessels as the Commandant may prescribe.
Subpart 6.14_Security of Waterfront Facilities and Vessels in Port
Sec. 6.14-1 Safety measures.
The Commandant, in order to achieve the purposes of this part, may
prescribe such conditions and restrictions relating to the safety of
waterfront facilities and vessels in port as he finds to be necessary
under existing circumstances. Such conditions and restrictions may
extend, but shall not be limited to, the inspection, operation,
maintenance, guarding, and manning of, and fire-prevention measures for,
such vessels and waterfront facilities.
[EO 10277, 16 FR 7541, Aug. 2, 1951]
Sec. 6.14-2 Condition of waterfront facility a danger to vessel.
Whenever the captain of the port finds that the mooring of any
vessel to a wharf, dock, pier, or other waterfront structure would
endanger such vessel, or any other vessel, or the harbor or any facility
therein by reason of conditions existing on or about such wharf, dock,
pier, or other waterfront structure, including, but not limited to,
inadequate guard service, insufficient lighting, fire hazards,
inadequate fire protection, unsafe machinery, internal disturbance, or
unsatisfactory operation, the captain of the port may prevent the
mooring of any vessel to such wharf, dock, pier, or other waterfront
structure until the unsatisfactory condition or conditions so found are
corrected, and he may, for the same reasons, after any vessel has been
moored, compel the shifting of such vessel from any such wharf, dock,
pier, or other waterfront structure.
[EO 10277, 16 FR 7541, Aug. 2, 1951]
[[Page 61]]
Subpart 6.16_Sabotage and Subversive Activity
Sec. 6.16-1 Reporting of sabotage and subversive activity.
Evidence of sabotage or subversive activity involving or endangering
any vessel, harbor, port, or waterfront facility shall be reported
immediately to the Federal Bureau of Investigation and to the captain of
the port, or to their respective representatives.
Sec. 6.16-3 Precautions against sabotage.
The master, owner, agent, or operator of a vessel or waterfront
facility shall take all necessary precautions to protect the vessel,
waterfront facility, and cargo from sabotage.
Subpart 6.18_Penalties
Sec. 6.18-1 Violations.
Section 2, Title II of the act of June 15, 1917, as amended, 50
U.S.C. 192, provides as follows:
If any owner, agent, master, officer, or person in charge, or any
member of the crew of any such vessel fails to comply with any
regulation or rule issued or order given under the provisions of this
title, or obstructs or interferes with the exercise of any power
conferred by this title, the vessel, together with her tackle, apparel,
furniture, and equipment, shall be subject to seizure and forfeiture to
the United States in the same manner as merchandise is forfeited for
violation of the customs revenue laws; and the person guilty of such
failure, obstruction, or interference shall be punished by imprisonment
for not more than ten years and may, in the discretion of the court, be
fined not more than $10,000.
(a) If any other person knowingly fails to comply with any
regulation or rule issued or order given under the provisions of this
title, or knowingly obstructs or interferes with the exercise of any
power conferred by this title, he shall be punished by imprisonment for
not more than ten years and may, at the discretion of the court, be
fined not more than $10,000.
Subpart 6.19_Responsibility for Security of Vessels and Waterfront
Facilities
Sec. 6.19-1 Primary responsibility.
Nothing contained in this part shall be construed as relieving the
masters, owners, operators, and agents of vessels or other waterfront
facilities from their primary responsibility for the protection and
security of such vessels or waterfront facilities.
[EO 10277, 16 FR 7541, Aug. 2, 1951]
PART 8_UNITED STATES COAST GUARD RESERVE--Table of Contents
Sec.
8.1 Functions of the Coast Guard Reserve.
8.3 Organization of the Coast Guard Reserve.
8.5 Regulations for the Coast Guard Reserve.
8.7 Information.
Authority: 14 U.S.C. 633.
Source: CGD 79-105, 48 FR 36449, Aug. 11, 1983, unless otherwise
noted.
Sec. 8.1 Functions of the Coast Guard Reserve.
(a) The Coast Guard Reserve is a component of the Coast Guard. The
Coast Guard Reserve trains personnel for mobilization and for
augmentation of the regular Coast Guard.
(b) Members of the Coast Guard Reserve can be used for:
1. Partial or full mobilization under 10 U.S.C. 12301;
(2) Voluntary or involuntary call-up for emergency augmentation of
the regular Coast Guard during time of serious natural or man-made
disaster under 14 U.S.C. 712; and
(3) Augmentation of the regular Coast Guard during active duty or
inactive duty for training.
(c) A member of the Reserve on active duty or inactive duty training
has the same authority, rights, and privileges in the performance of
that duty as a member of the regular Coast Guard of corresponding grade
or rating.
[CGD 79-105, 48 FR 36449, Aug. 11, 1983, as amended by CGD 97-023, 62 FR
33361, June 19, 1997]
Sec. 8.3 Organization of the Coast Guard Reserve.
(a) The Coast Guard Reserve is organized, trained and equipped under
the direction of the Commandant.
(b) The Director of Reserve and Training is responsible for the
overall
[[Page 62]]
administration and supervision of the Reserve.
(c) In Atlantic Area, Integrated Support Commands have
responsibility for local Reserve issues; however, in Pacific Area,
responsibility for local Reserve issues remains with District
Commanders.
(d) Most Coast Guard Reservists are fully integrated into active
duty Coast Guard units. There, Reservists perform the same duties and
have the same responsibilities as their active duty counterparts. Their
integrated work prepares Reservists to perform the duties of their
mobilization assignments while at the same time providing assistance to
the active service. Some Reservists are assigned to dedicated Reserve
units where they train and mobilize in support of national defense
operations.
[CGD 96-026, 61 FR 33662, June 28, 1996]
Sec. 8.5 Regulations for the Coast Guard Reserve.
(a) Regulations for the Coast Guard Reserve are established by the
Commandant.
(b) Permanent regulations are published in Coast Guard publications
and manuals and include the following:
(1) Coast Guard Regulations.
(2) Coast Guard Organization Manual.
(3) Coast Guard Reserve Policy Manual.
(4) Personnel Manual.
(5) Recruiting Manual.
(6) Military Justice Manual.
(7) Comptroller Manual.
(c) Temporary regulations and orders affecting Reservists are
included in instructions or notices in the Coast Guard directives
system.
(d) Other regulations that affect the Reserve are located in
Department of Defense and Department of the Navy regulations in Title 32
of the Code of Federal Regulations.
[CGD 96-026, 61 FR 33662, June 28, 1996, as amended by CGD 97-023, 62 FR
33362, June 19, 1997]
Sec. 8.7 Information.
(a) Information concerning the Coast Guard Reserve may be obtained
from Commandant (G-WTR), U.S. Coast Guard Headquarters, Washington, DC
20593-0001.
(b) Information and requirements for enlistment in the Coast Guard
Reserve or concerning the procurement of officers for the Coast Guard
Reserve can be obtained from the following offices:
(1) Any Coast Guard Recruiting Office.
(2) Coast Guard Recruiting Center, 4200 Wilson Boulevard, Suite 450,
Arlington, VA 22203.
[CGD 96-026, 61 FR 33662, June 28, 1996]
PART 13_DECORATIONS, MEDALS, RIBBONS AND SIMILAR DEVICES--Table of
Contents
Subpart 13.01_Gold and Silver Lifesaving Medals, Bars, and Miniatures
Sec.
13.01-1 General.
13.01-5 Gold and Silver Lifesaving Medals.
13.01-10 Gold and silver bars.
13.01-15 Applications and recommendations.
13.01-20 Definitions.
13.01-25 Description of Gold Lifesaving Medal.
13.01-30 Description of Silver Lifesaving Medal.
13.01-35 Description of gold and silver bars.
13.01-40 Miniature medals and bars.
13.01-45 Replacement of medals and bars.
Authority: Secs. 500, 633, 63 Stat. 536, 545, sec. 6(b)(1), 80 Stat.
938; 14 U.S.C. 500, 633; 49 U.S.C. 1655(b); 49 CFR 1.4 (a)(2) and (f).
Source: CGFR 68-134, 33 FR 18932, Dec. 19, 1968, unless otherwise
noted.
Subpart 13.01_Gold and Silver Lifesaving Medals, Bars, and Miniatures
Sec. 13.01-1 General.
Lifesaving Medals of gold and silver, designated as the Gold
Lifesaving Medal and the Silver Lifesaving Medal, respectively, may be
awarded by the Commandant, U.S. Coast Guard, hereinafter called the
Commandant, under 14 U.S.C. 500 and the regulations in this subpart to
persons rescuing or endeavoring to rescue any other person from
drowning, ship wreck or other peril of the water.
Sec. 13.01-5 Gold and Silver Lifesaving Medals.
Lifesaving Medals may be awarded to any person who rescues or
endeavors to
[[Page 63]]
rescue any other person from drowning, shipwreck or other peril of the
water. In order for a person to be eligible for a Lifesaving Medal the
rescue or attempted rescue must take place in waters within the United
States or subject to the jurisdiction thereof, or if the rescue or
attempted rescue takes place outside such waters, one or the other of
the parties must be a citizen of the United States or from a vessel or
aircraft owned or operated by citizens of the United States. If such
rescue or attempted rescue is made at the risk of one's own life and
evidences extreme and heroic daring, the medal shall be of gold. If such
rescue or attempted rescue is not sufficiently distinguished to deserve
the medal of gold but evidences the exercise of such signal exertion as
to merit recognition, the medal shall be of silver. Lifesaving Medals
may be awarded posthumously.
Sec. 13.01-10 Gold and silver bars.
No person shall receive more than one Gold Lifesaving Medal and one
Silver Lifesaving Medal; but any person who has received or may
hereafter receive a Gold or Silver Lifesaving Medal and who again
performs an act which would entitle him to receive another medal of the
same class, may be awarded, in lieu of a second medal of the same class,
a gold or silver bar, as the case may be, to be worn with the medal
already bestowed, and for every such additional act, an additional bar
may be awarded. Gold and silver bars may be awarded posthumously.
Sec. 13.01-15 Applications and recommendations.
(a) All administrative details pertaining to the award of Lifesaving
Medals are under the jurisdiction of the Commandant. Applications and
recommendations for the award of a Lifesaving Medal may be filed by or
in behalf of the person making or attempting a rescue under
circumstances contemplated by the regulations in this subpart.
Applications or recommendations for award of medals or requests for
information pertaining thereto should be addressed to the Commander of
the Coast Guard District, hereinafter called the District Commander,
where the incident took place. (See part 3 of this subchapter for
descriptions of Coast Guard Districts.) If the District is unknown, or
if the incident took place outside any such district, applications and
recommendations should be addressed to the Commandant, U.S. Coast Guard,
Washington, D.C. 20593.
(b) Completed applications must include:
(1) Satisfactory evidence of the services performed, in the form of
affidavits, made by eyewitnesses of good repute and standing testifying
of their own knowledge. The opinion of witnesses that the person for
whom an award is sought imperiled his or her own life or made signal
exertions is not sufficient but the affidavits must set forth in detail
all facts and occurrences tending to show clearly in what manner and to
what extent life was risked or signal exertions made so that the
Commandant may judge for himself as to the degree of merit involved.
(2) The precise locality of the rescue or attempted rescue, whether
from waters within the United States or subject to the jurisdiction
thereof, or if the rescue or attempted rescue is outside such waters,
whether one or the other of the parties is a citizen of the United
States, or from a vessel or aircraft owned or operated by citizens of
the United States, shall be stated. The date, time of day, nature of the
weather, condition of the water, the names of all persons present when
practicable, the names of all persons rendering assistance, and all
pertinent circumstances and data, showing the precise nature and degree
of risk involved, should be stated.
(c) Recommendations must include:
(1) As much of the information indicated in paragraphs (b) (1) and
(2) of this section which is available to the person making the
recommendation. Upon receipt the Commandant or the cognizant District
Commander shall cause such recommendation to be referred to an
investigating officer who shall cause to be developed such additional
information and evidence as is deemed necessary to either (i) terminate
the investigation as containing insufficient justification to continue
[[Page 64]]
further, or (ii) to complete the application for submission to the
Commandant for his final determination.
(d) Either the Commandant or the District Commander may, without any
application or recommendation, of his own motion, order an informal
investigation into such an incident under Chapter II, of the Coast Guard
Supplement to the Manual for Courts-Martial (CG-241).
(e) Affidavits required by this subpart shall be made before an
officer duly authorized to administer oaths and if taken before an
officer without an official seal, his official character must be
certified by the proper officer of a court of record, under the seal
thereof, unless the oath be taken before an officer of the Armed Forces
authorized to administer oaths under the provisions of Article 136, UCMJ
(10 U.S.C. 936).
(f) Cognizant District Commanders shall act upon all applications
and recommendations submitted to them from whatever source and shall:
(1) Forward completed applications with his recommendations to the
Commandant for his consideration and determination; or,
(2) Inform the applicant or the person submitting the recommendation
that he considers such application or recommendation incomplete together
with the reasons therefor and that a period of 90 days will be allowed
for additional evidence to be provided upon the expiration of which he
will file the application or recommendation without further action.
(g) Whenever the cognizant District Commander shall deem such action
necessary, he may require that the aforementioned affidavits shall be
accompanied by a certificate showing the affiants to be credible
persons, certified by some U.S. Officer, such as a judge or clerk of a
U.S. Court, district attorney, collector of customs, postmaster, or
officer of the Armed Forces. If the affiant is a citizen or resident of
a foreign country and if the affidavit is executed in such foreign
country, the credibility certificate may be executed by an officer of
such foreign country, who occupies an official position similar to the
aforementioned U.S. officers.
(h) The decision of the Commandant on all applications,
recommendations, and investigations for the Gold or Silver Lifesaving
Medals shall be final.
Sec. 13.01-20 Definitions.
As used in the statutes cited and in the regulations in this
subpart:
(a) ``Peril of the water'' includes all perils on water caused by,
or which are such by reason of, the sea or bodies of water such as
lakes, bays, sounds and rivers; whenever, wherever and in whatever way
human life is directly imperiled by the sea or a body of water is a
peril of the water.
(b) A ``shipwreck'' includes an incident threatening persons whose
lives are endangered by perils of the water as well as those who are,
strictly speaking, no longer in danger from the sea or a body of water,
that peril already having passed, but who are in imminent danger and in
great need of succor or rescue, as e.g., being adrift in an open boat or
stranded on some barren coast where, without succor or rescue, they
would die of starvation, thirst, or exposure.
(c) ``Waters within the United States or subject to the jurisdiction
thereof,'' embrace all waters within the United States, and any other
waters over which the United States exercises jurisdiction.
Sec. 13.01-25 Description of Gold Lifesaving Medal.
(a) The Gold Lifesaving Medal is 99.9 percent pure gold and consists
of a pendant suspended by a swivel from the head of an eagle attached to
a silk grogram ribbon 1 and \3/8\ths inches in width, composed of a \3/
16\ths of an inch red stripe, a \1/32\d of an inch white stripe, a \15/
16\ths of an inch gold stripe, a \1/32\d of an inch white stripe, and a
\3/16\ths of an inch red stripe. The pendant is 1 and \7/16\ths inches
in diameter and \3/32\ds of an inch in thickness. There appear, on the
obverse side of the pendant, three men in a boat in a heavy sea; one is
rescuing a person clinging to a spar at the end of which is a block and
line; another is standing, prepared to heave a line; a third is rowing;
in the distance, to the left, is the wreck of a vessel; the whole is
encircled by the words: ``United States of America'', in
[[Page 65]]
the upper half, and ``Act of Congress, August 4, 1949'', in the lower
half. On the reverse side of the pendant there appears, in the center a
monument surmounted by an American eagle; the figure of a woman stands,
to the left, holding in her left hand an oak wreath, and with her right
hand, preparing to inscribe the name of the recipient on the monument;
to the right are grouped a mast, a yard with a sail, an anchor, a
sextant, and a laurel branch; the whole is encircled by the words: ``In
testimony of heroic deeds in saving life from the perils of the water.''
(b) Engraving: Before presentation, the recipient's name shall be
inscribed on the ``monument'', on the reverse of the medal.
Sec. 13.01-30 Description of Silver Lifesaving Medal.
(a) The Silver Lifesaving Medal is 99 percent pure silver and
consists of a pendant suspended by a swivel from the head of an eagle
attached to a silk grogram ribbon 1 and \3/8\ths inches in width,
composed of a \3/16\ths of an inch blue stripe, a \1/32\d of an inch
white stripe, a \15/16\ths of an inch silver gray stripe, a \1/32\d of
an inch white stripe, and a \3/32\ds of an inch blue stripe. The pendant
is 1 and \7/16\ths inches in diameter and \3/32\ds of an inch in
thickness. On the obverse side of the pendant there appears the figure
of a woman hovering over a man struggling in heavy sea and extending to
him one end of a long scarf; the whole is encircled by the words:
``United States of America'', in the upper half, and ``Act of Congress,
August 4, 1949'', in the lower half. On the reverse there appears a
laurel wreath encircled by the words: ``In testimony of heroic deeds in
saving life from the perils of the water.''
(b) Engraving: Before presentation, the recipient's name shall be
inscribed inside the laurel wreath, on the reverse of the medal.