[Title 33 CFR 141]
[Code of Federal Regulations (annual edition) - July 1, 2005 Edition]
[Title 33 - NAVIGATION AND NAVIGABLE WATERS]
[Chapter I - COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)]
[Subchapter N - OUTER CONTINENTAL SHELF ACTIVITIES]
[Part 141 - PERSONNEL]
[From the U.S. Government Printing Office]
33NAVIGATION AND NAVIGABLE WATERS22005-07-012005-07-01falsePERSONNEL141PART 141NAVIGATION AND NAVIGABLE WATERSCOAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)OUTER CONTINENTAL SHELF ACTIVITIES
PART 141_PERSONNEL--Table of Contents
Subpart A_Restrictions on Employment
Sec.
141.1 Purpose.
141.5 Applicability.
141.10 Definitions.
141.15 Restrictions on employment.
141.20 Exemptions from restrictions on employment.
141.25 Evidence of citizenship.
141.30 Evidence of status as a resident alien.
141.35 Records to be kept by the employer.
Authority: 43 U.S.C. 1356; 49 CFR 1.46(z).
Source: CGD 78-160, 47 FR 9379, Mar. 4, 1982, unless otherwise
noted.
Subpart A_Restrictions on Employment
Sec. 141.1 Purpose.
This subpart prescribes rules governing restrictions on the
employment of personnel on units engaged in OCS activities.
Sec. 141.5 Applicability.
(a) This subpart applies to employment of personnel on units engaged
in OCS activities, except as provided in paragraph (b) of this section.
(b) This subpart does not apply to employment of personnel on any:
(1) Vessel subject to the citizenship requirements of 46 U.S.C. 8103
for pilots, licensed officers, and unlicensed crew when the vessel is
transiting to or from an OCS facility or a United States port;
(2) Vessel subject to the citizenship requirements of 46 U.S.C. 7102
and 8103 for officers and crew on federally subsidized or documented
vessels; or
(3) Unit over 50 percent of which is owned by one or more citizens
of a foreign nation or with respect to which one or more citizens of a
foreign nation have the right effectively to control, except to the
extent and to the degree that the President determines that the
government of such foreign nation or any of its political subdivisions
has implemented, by statute, regulation, policy, or practice, a national
manning requirement for equipment engaged in the exploration,
development, or production of oil or gas in its offshore areas.
(c) The Commandant may, upon request or upon that person's own
initiative, determine whether over 50 percent of a particular unit is
owned by citizens of a foreign nation or whether citizens of a foreign
nation have the right effectively to control the unit.
(d) In determining whether ownership or a right effectively to
control exists, the Commandant may consider operational control of a
unit, management responsibility, title, lease and charter arrangements,
and financial interests.
(e) The owner or operator of any unit affected is notified of the
Commandant's determination.
(Information collection requirements contained in paragraph (c) were
approved by the Office of Management and Budget under OMB control number
2130-0182)
[CGD 78-160, 47 FR 9379, Mar. 4, 1982, as amended by CGD 97-023, 62 FR
33363, June 19, 1997]
Sec. 141.10 Definitions.
As used in this subpart:
Citizens of the United States means:
(1) In the case of an individual, one who is a native born,
derivative, or fully naturalized citizen of the United States;
(2) In the case of a partnership, unincorporated company, or
association, one in which 50% or more of the controlling interest is
vested in citizens of the United States; or
(3) In the case of a corporation, one which is incorporated under
the laws of the United States or of any State thereof.
Citizen of a foreign nation means:
(1) In the case of an individual, one who is not a citizen of the
United States;
[[Page 141]]
(2) In the case of a partnership, unincorporated company, or
association, one in which more than 50% of the controlling interest is
vested in citizens of a nation other than the United States; or
(3) In the case of a corporation, one which is incorporated under
the laws of a nation other than the United States so long as (i) the
title to a majority of the stock thereof is free from any trust or
fiduciary obligation in favor of any citizen of the United States; (ii)
the majority of the voting power in the corporation is not vested in any
citizen of the United States; (iii) through any contract or
understanding, the majority of the voting power may not be exercised
directly or indirectly on behalf of any citizen of the United States; or
(iv) by no other means, control of the corporation is conferred upon or
permitted to be exercised by any citizen of the United States.
Resident alien means an alien lawfully admitted to the United States
for permanent residence in accordance with section 101(a)(20) of the
Immigration and Nationality Act of 1952, as amended, 8 U.S.C.
1101(a)(20).
Sec. 141.15 Restrictions on employment.
(a) Each employer of personnel on any unit engaged in OCS activities
that is subject to this part must employ, as members of the regular
complement of the unit, only citizens of the United States or resident
aliens except as provided by Sec. 141.20.
(b) As used in paragraph (a) of this section, ``regular complement
of a unit'' means those personnel necessary for the routine functioning
of the unit, including marine officers and crew; industrial personnel on
the unit, such as toolpushers, drillers, roustabouts, floor hands, crane
operators, derrickmen, mechanics, motormen, and general maintenance
personnel; and support personnel on the unit, such as cooks, stewards
and radio operators. The term does not include specialists,
professionals, or other technically trained personnel called in to
handle emergencies or other temporary operations; extra personnel on a
unit for training; and other personnel temporarily on a unit for
specialized operations, such as construction, alteration, well logging,
or unusual repairs or emergencies.
(c) The Officer in Charge, Marine Inspection, may determine whether
a particular individual or position is part of the regular complement of
a unit. A copy of the determination is provided to the owner or operator
of the unit affected.
(Approved by the Office of Management and Budget under OMB control
number 2130-0182)
[CGD 78-160, 47 FR 9379, Mar. 4, 1982, as amended by USCG-1998-3799, 63
FR 35530, June 30, 1998]
Sec. 141.20 Exemptions from restrictions on employment.
(a) An employer may request an exemption from the restrictions on
employment in Sec. 141.15 in order to employ persons other than
citizens of the United States or resident aliens as part of the regular
complement of the unit under the following circumstances:
(1) When specific contractual provisions or national registry
manning requirements in effect on September 18, 1978 provide that a
person other than a citizen of the United States or a resident alien is
to be employed on a particular unit.
(2) When there is not a sufficient number of citizens of the United
States or resident aliens qualified and available for the work.
(3) When the President determines with respect to a particular unit
that the employment of only citizens of the United States or resident
aliens is not consistent with the national interest.
(b) The request must be in writing, identify the provision of
paragraph (a) of this section relied upon, and:
(1) If involving specific contractual provisions under paragraph
(a)(1) of this section, list the persons claimed exempt and contain a
copy of the contract;
(2) If involving persons without an H-2 Visa under paragraph (a)(2)
of this section, list the persons or positions sought to be exempted; or
(3) If under paragraph (a)(3) of this section, identify the unit
involved and contain any information in support of the claim.
(c) Requests must be submitted to the Commandant (G-MOC), U.S. Coast
[[Page 142]]
Guard Headquarters, 2100 2nd Street, SW., Washington, D.C. 20593.
(d) Upon receipt of a request under paragraph (a)(2) of this
section, the Coast Guard seeks information from the Department of Labor
concerning whether there are citizens of the United States or resident
aliens qualified and available for work. If information is provided that
citizens of the United States or resident aliens are qualified and
available, the employer may be required to seek their employment before
the request is approved.
(e) Upon receipt of a request under paragraph (a)(3) of this section
and after consulting with other Federal agencies as appropriate, the
Commandant forwards the request and the comments of the Coast Guard and
other interested agencies to the President for determination.
(f) Upon approval by the President for request under paragraph
(a)(3) of this section or by the Coast Guard for all other requests, the
Coast Guard issues a certification of the exemption. A certification
issued under paragraph (a)(2) of this section is valid for one year from
the date of issuance.
(g) If, within 30 days of receipt by the Coast Guard of a request
under paragraph (a)(2) of this section, the Coast Guard does not make a
determination or advise the employer that additional time for
consideration is necessary, the request is considered approved for a
period of 90 days from the end of the 30 day period.
(h) A request need not be submitted for persons who are not citizens
of the United States or resident aliens and who:
(1) Are employed under the national registry manning requirements
exception in paragraph (a)(1) of this section; or
(2) Have been classified and admitted to the United States as
temporary workers under 8 U.S.C. 1101(a)(15)(H)(ii) for work in a
position for which admitted.
(Approved by the Office of Management and Budget under OMB control
number 2130-0182)
[CGD 78-160, 47 FR 9379, Mar. 4, 1982, as amended by CGD 96-026, 61 FR
33665, June 28, 1996]
Sec. 141.25 Evidence of citizenship.
(a) The employer may accept as sufficient evidence that a person is
a citizen of the United States any one of the following documents and no
others:
(1) A merchant mariner's document issued by the Coast Guard under 46
CFR Part 12 which shows the holder to be citizen of the United States.
(2) An original or certified copy of a birth certificate or birth
registration issued by a state or the District of Columbia.
(3) A United States passport.
(4) A Certificate of Citizenship issued by the Immigration and
Naturalization Service.
(5) A Certificate of Naturalization issued by a Naturalization
Court.
(6) A letter from the Coast Guard issued under paragraph (d) of this
section.
(b) If a person does not have one of the documents listed in
paragraphs (a)(1) through (a)(6) of this section, that person may appear
in person before an Officer in Charge, Marine Inspection, and submit one
or more of the following documents which may be considered as evidence
that the applicant is a citizen of the United States:
(1) A Certificate of Derivative Citizenship or a Certificate of
Naturalization of either parent and a birth certificate of the applicant
or other evidence satisfactorily establishing that the applicant was
under 21 years of age at the time of the parent's naturalization.
(2) An original or certified copy of a birth certificate from a
political jurisdiction outside the United States which demonstrates
citizenship status.
(3) A Baptismal certificate or parish record recorded within one
year after birth.
(4) A statement of a practicing physician certifying that the
physician attended the birth and has a record showing the date on which
the birth occurred.
(5) A commission, or evidence of commission, in the Armed Forces of
the United States which shows the holder to be a citizen of the United
States.
(6) A continuous discharge book or certificate of identification
issued by the Coast Guard or the former Bureau
[[Page 143]]
of Marine Inspection, provided the document shows that the applicant
produced satisfactory evidence of citizenship at the time the document
was issued.
(7) A delayed certificate of birth issued under a state seal,
provided there are no collateral facts indicating fraud in its
procurement.
(8) A report of the Census Bureau showing the earliest available
record of the applicant's age or birth.
(9) Affidavits of parents, relatives, or two or more responsible
citizens of the United States, school records; immigration records;
insurance policies; or other records which support the citizenship
claim.
(c) In any case where doubt exists concerning evidence of
citizenship submitted under paragraph (b) of this section, the Officer
in Charge, Marine Inspection, may refer the matter to the United States
Immigration and Naturalization Service for an advisory opinion.
(d) If the documents submitted under paragraph (b) of this section
are determined by the Officer in Charge, Marine Inspection, to be
sufficient evidence that the applicant is a citizen of the United
States, the Coast Guard issues the applicant a letter acknowledging this
determination.
(Approved by the Office of Management and Budget under OMB control
number 2130-0182)
Sec. 141.30 Evidence of status as a resident alien.
The employer may accept as sufficient evidence that a person is a
resident alien any one of the following documents and no others:
(a) A merchant mariner's document issued by the Coast Guard under 46
CFR Part 12.
(b) An alien registration receipt card issued by the Immigration and
Naturalization Service certifying that the card holder has been admitted
to the United States as an immigrant.
(c) A declaration of intention to become a citizen of the United
States issued by the a Naturalization Court.
Sec. 141.35 Records to be kept by the employer.
(a) The employer of personnel subject to this subpart shall
maintain, and make available to the Coast Guard upon request, a record
identifying which of the documents listed in Sec. Sec. 141.25 and
141.30 were relied upon for each employee. The record must consist of
either a copy of the document or the following information on the
document:
(1) For a merchant mariner's document or a United States passport,
the document's title and identification number.
(2) For a birth certificate or birth registration, the document's
title and the employee's date and place of birth.
(3) For all other documents listed in Sec. Sec. 141.25 and 141.30,
the document's title and date and place of issuance.
(b) The employer of personnel subject to this subpart shall maintain
a written list of the positions that make up the regular complement of
the unit and the name and nationality of the individual filling each
employee position. This list may be in summary form and any simple
format.
(Approved by the Office of Management and Budget under OMB control
number 2130-0182)