[Title 33 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 1998 Edition]
[From the U.S. Government Printing Office]
[[Page 1]]
33
Navigation and Navigable Waters
PARTS 1 TO 124
Revised as of July 1, 1998
CONTAINING
A CODIFICATION OF DOCUMENTS
OF GENERAL APPLICABILITY
AND FUTURE EFFECT
AS OF JULY 1, 1998
With Ancillaries
Published by
the Office of the Federal Register
National Archives and Records
Administration
as a Special Edition of
the Federal Register
[[Page ii]]
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 1998
For sale by U.S. Government Printing Office
Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328
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Table of Contents
Page
Explanation................................................. v
Title 33:
Chapter I--Coast Guard, Department of Transportation...... 3
Finding Aids:
Material Approved for Incorporation by Reference.......... 579
Table of CFR Titles and Chapters.......................... 581
Alphabetical List of Agencies Appearing in the CFR........ 599
Redesignation Table....................................... 609
List of CFR Sections Affected............................. 611
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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.
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[[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
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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
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HOW TO USE THE CODE OF FEDERAL REGULATIONS
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To determine whether a Code volume has been amended since its
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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
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OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
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INCORPORATION BY REFERENCE
What is incorporation by reference? Incorporation by reference was
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This material, like any other properly issued regulation, has the force
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What is a proper incorporation by reference? The Director of the
Federal Register will approve an incorporation by reference only when
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approval is based are:
(a) The incorporation will substantially reduce the volume of
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(b) The matter incorporated is in fact available to the extent
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(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
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CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
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Authorities and Agency Rules (Table I), and Acts Requiring Publication
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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.
[[Page vii]]
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
REPUBLICATION OF MATERIAL
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Raymond A. Mosley,
Director,
Office of the Federal Register.
July 1, 1998.
[[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, 1998. The first and
second volumes, parts 1-124 and 125-199, contain current regulations of
the Coast Guard, Department of Transportation. 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 the second volume a subject index for Subchapter N--Outer
Continental Shelf Activities follows the subchapter in parts 140-147. A
redesignation table also appears in the Finding Aids section of the
first volume.
For this volume, Gwendolyn J. Henderson was Chief Editor. The Code
of Federal Regulations publication program is under the direction of
Frances D. McDonald, assisted by Alomha S. Morris.
[[Page x]]
[[Page 1]]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
(This book contains parts 1 to 124)
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Part
Chapter i--Coast Guard, Department of Transportation........ 1
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CHAPTER I--COAST GUARD, DEPARTMENT OF TRANSPORTATION
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SUBCHAPTER A--GENERAL
Part Page
1 General provisions.......................... 7
2 Jurisdiction................................ 27
3 Coast Guard areas, districts, marine
inspection zones, and captain of the
port zones.............................. 30
4 OMB control numbers assigned pursuant to the
Paperwork Reduction Act................. 50
5 Coast Guard Auxiliary....................... 51
6 Protection and security of vessels, harbors,
and waterfront facilities............... 56
8 United States Coast Guard Reserve........... 60
13 Decorations, medals, ribbons and similar
devices................................. 61
17 United States Coast Guard general gift fund. 64
19 Waivers of navigation and vessel inspection
laws and regulations.................... 65
20 Class II civil penalties.................... 68
23 Distinctive markings for Coast Guard vessels
and aircraft............................ 87
25 Claims...................................... 88
26 Vessel bridge-to-bridge radiotelephone
regulations............................. 100
27 Adjustment of civil monetary penalties for
inflation............................... 105
Index to Subchapter A--General.............. 109
SUBCHAPTER B--MILITARY PERSONNEL
40 Cadets of the Coast Guard................... 115
45 Enlistment of personnel..................... 115
49 Payment of amounts due mentally incompetent
Coast Guard personnel................... 115
50 Coast Guard Retiring Review Board........... 118
51 Coast Guard Discharge Review Board.......... 120
52 Board for Correction of Military Records of
the Coast Guard......................... 124
53 Coast Guard whistleblower protection........ 130
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54 Allotments from active duty pay for certain
support obligations..................... 133
Index to Subchapter B--Military Personnel... 135
SUBCHAPTER C--AIDS TO NAVIGATION
60
[Reserved]
62 United States aids to navigation system..... 139
64 Marking of structures, sunken vessels and
other obstructions...................... 148
66 Private aids to navigation.................. 151
67 Aids to navigation on artificial islands and
fixed structures........................ 161
70 Interference with or damage to aids to
navigation.............................. 174
72 Marine information.......................... 175
74 Charges for Coast Guard aids to navigation
work.................................... 178
76 Sale and transfer of aids to navigation
equipment............................... 179
Index to Subchapter C--Aids to Navigation... 181
SUBCHAPTER D--INTERNATIONAL NAVIGATION RULES
Note: Application of the 72 COLREGS to
territories and possessions............. 185
80 COLREGS demarcation lines................... 186
81 72 COLREGS: Implementing Rules.............. 202
82 72 COLREGS: Interpretative Rules............ 205
Index to Subchapter D--International
Navigation Rules........................ 207
SUBCHAPTER E--INLAND NAVIGATION RULES
84 Annex I: Positioning and technical details
of lights and shapes.................... 211
85 Annex II: Additional signals for fishing
vessels fishing in close proximity...... 215
86 Annex III: Technical details of sound signal
appliances.............................. 215
87 Annex IV: Distress signals.................. 217
88 Annex V: Pilot rules........................ 218
89 Inland navigation rules: implementing rules. 220
90 Inland rules: Interpretative rules.......... 223
Index to Subchapter E--Inland Navigation
Rules................................... 225
SUBCHAPTER F--VESSEL OPERATING REGULATIONS
95 Operating a vessel while intoxicated........ 227
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96 Rules for the safe operation of vessels and
safety management systems............... 229
Index to Subchapter F--Vessel Operatings
Regulations............................. 243
SUBCHAPTER G--REGATTAS AND MARINE PARADES
100 Marine events............................... 245
Index to Subchapter G--Regattas and Marine
Parades................................. 305
SUBCHAPTER H--[RESERVED]
SUBCHAPTER I--ANCHORAGES
109 General..................................... 309
110 Anchorage regulations....................... 311
Index to Subchapter I--Anchorages........... 419
SUBCHAPTER J--BRIDGES
114 General..................................... 423
115 Bridge locations and clearances;
administrative procedures............... 425
116 Alteration of unreasonably obstructive
bridges................................. 429
117 Drawbridge operation regulations............ 434
118 Bridge lighting and other signals........... 550
Index to Subchapter J--Bridges.............. 559
SUBCHAPTER K--SECURITY OF VESSELS
120 Security of passenger vessels............... 571
Index to Subchapter K--Security of Vessels.. 575
Cross References: United States Customs Service, Department of the
Treasury: 19 CFR Chapter I.
Coast Guard regulations relating to shipping: 46 CFR Chapter I.
Federal Communications Commission: Stations on shipboard in the
maritime services: 47 CFR, part 80.
Maritime Administration, Department of Transportation: 46 CFR Chapter
II.
Federal Maritime Commission: 46 CFR Chapter IV.
Note: Other regulations issued by the Department of Transportation
appear in Titles 14, I, II, III; 23, I, II, III; 33, I, IV; 44, IV; 46,
I, II, III; 48, Chapters 12 and 63, and 49 Subtitle A, I, II, III, IV,
V, and VI.
Abbreviations:
The following abbreviations are 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 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, which in general terms are
maritime
[[Page 8]]
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 5610.1C (Procedures for Considering Environmental Impacts).
[[Page 9]]
(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 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, 49 CFR 1.46
(ff) and (gg), 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 facility may present an imminent and
[[Page 10]]
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]
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 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 section 311(m)(1) of the FWPCA [33 U.S.C.
1321(m)(1)];
[[Page 11]]
(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]
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 Guard may be authorized to carry out
[[Page 12]]
the functions delegated to superior officials under Secs. 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; 49 CFR 1.4(b), 1.45(b), and
1.46.
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 Transportation is empowered by various statutes
to issue regulations regarding the functions, powers and duties of the
Coast Guard.
(b) The Secretary of Transportation 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. These delegations are reflected in 49
CFR 1.45 and 1.46.
(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 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 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]
Sec. 1.05-5 Marine Safety Council.
The Marine Safety 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 Council provides
oversight, review, and guidance for all Coast Guard regulatory activity.
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
[[Page 13]]
rulemaking (defined by Executive Order 12866, Regulatory Planning and
Review and Department of Transportation Order 2100.5, Policies and
Procedures for Simplification, Analysis, and Review of Regulations) 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 regulatory approach is developed, a regulatory
project proposal is submitted to the Marine Safety Council for approval.
The proposal describes the scope of the proposed regulation,
alternatives considered, and potential cost and benefits, including
possible environmental impacts. All regulatory projects require Marine
Safety 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.
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 Council (G-LRA/3406), 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.
(c) Any petition for rulemaking and any reply to the petition will
be kept in a public file open for inspection.
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,
[[Page 14]]
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.
(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.
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 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
[[Page 15]]
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.
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]
[[Page 16]]
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 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 are forwarded to a District Commander for 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 District Commander reviews the reports 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]
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.
(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 a Notice of Violation or takes no action on
the Notice of Violation within 45 days, the case file will be sent to
the District Commander for processing under the procedures described in
Sec. 1.07-10(b).
[CGD 93-079, 59 FR 66482, Dec. 27, 1994]
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
subpenas 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]
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
[[Page 17]]
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 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
[[Page 18]]
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 subpena.
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 Hearing Officer seeks to obtain the witness' appearance.
Because many statutes prescribing civil penalties do not provide subpena
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.
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
[[Page 19]]
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 and
administrative appeal. The Hearing Officer includes them in the record.
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
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.
[[Page 20]]
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 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 insititution 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 District Commander is 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 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.
[[Page 21]]
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 District Commander is 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 District Commander decides whether to initiate civil
penalty proceedings or to close the case.
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
(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
[[Page 22]]
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 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.
[[Page 23]]
(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 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
[[Page 24]]
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-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]
[[Page 25]]
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.
(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
[[Page 26]]
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 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,
[[Page 27]]
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 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 attache 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 2.01--Purpose
Sec.
2.01-1 Purpose.
Subpart 2.05--Definitions of Jurisdictional Terms
2.05-1 High seas.
2.05-5 Territorial seas.
2.05-10 Territorial sea baseline.
2.05-15 Contiguous zone.
2.05-20 Internal waters and inland waters.
2.05-25 Navigable waters of the United States; Navigable Waters;
Territorial Waters.
2.05-27 Waters subject to tidal influence; waters subject to the ebb
and flow of the tide; mean high water.
[[Page 28]]
2.05-30 Waters subject to the jurisdiction of the United States; waters
over which the United States has jurisdiction.
2.05-35 Exclusive Economic Zone.
Subpart 2.10--Availability of Jurisdictional Decisions
2.10-1 Maintenance of decisions.
2.10-5 Availability of lists and charts.
2.10-10 Decisions subject to change or modification.
Authority: 14 U.S.C. 633, 80 Stat. 931 (49 U.S.C. 1655(b)); 49 CFR
1.4(b), 1.46(b).
Source: CGD 75-098, 40 FR 49326, Oct. 22, 1975, unless otherwise
noted.
Subpart 2.01--Purpose
Sec. 2.01-1 Purpose.
The purpose of this part is to inform the public of the definitions
which the Coast Guard uses to examine waters to determine whether the
Coast Guard has jurisdiction on those waters under particular U.S. laws.
Subpart 2.05--Definitions of Jurisdictional Terms
Sec. 2.05-1 High seas.
(a) Except as provided in paragraphs (b) and (c) of this section,
high seas means all waters which are neither territorial seas nor
internal waters of the United States or of any foreign country.1
---------------------------------------------------------------------------
1 It should be noted that under 14 U.S.C. 89 the Coast Guard
is authorized to enforce the laws of the United States upon the ``high
seas'' and waters over which the United States has jurisdiction. Certain
of the criminal laws of the United States are based on its special
maritime and territorial jurisdiction, one of whose components is the
``high seas'', as defined in paragraph (b). However, this definition of
``high seas'' does not apply to the use of ``high seas'' found in 14
U.S.C. 89, to which the definition in paragraph (a) applies. A clear
distinction should be maintained between the Coast Guard's authority
under 14 U.S.C. 89 and the jurisdictional base of the criminal laws
which apply to the special maritime and territorial jurisdiction. For
example, while assault (18 U.S.C. 113) committed seaward of the
territorial sea could be committed on the ``high seas'' for both
purposes, an assault committed within the territorial sea could be
committed on the ``high seas'' to bring it within the special maritime
and territorial jurisdiction and at the same time be committed on waters
over which the United States has jurisdiction (not the ``high seas'')
for purposes of the Coast Guard's authority to undertake enforcement
action.
---------------------------------------------------------------------------
(b) High seas, as used in 18 U.S.C. 7(1), means the Great Lakes and
waters seaward of the low water line along the coast, except waters
within harbors or narrow coastal indentations enclosed by
promontories.1
(c) High seas, as used in section 2 of the Act of February 19,
1895, as amended, 33 U.S.C. 151, and all laws referring thereto, means
the waters seaward of the lines described in 46 CFR 7.
[CGD 75-098, 40 FR 49326, Oct. 22, 1975, as amended by CGD 96-026, 61 FR
33662, June 28, 1996; CGD 97-023, 62 FR 33361, June 19, 1997]
Sec. 2.05-5 Territorial seas.
(a) With respect to the United States, territorial seas means the
waters within the belt, 3 nautical miles wide, that is adjacent to its
coast and seaward of the territorial sea baseline.
(b) With respect to any foreign country, territorial seas means the
waters within the belt that is adjacent to its coast and whose breadth
and baseline are recognized by the United States.
Sec. 2.05-10 Territorial sea baseline.
Territorial Sea Baseline means the delimitation of the shoreward
extent of the territorial seas of the United States drawn in accordance
with principles, as recognized by the United States, of the Convention
on the Territorial Sea and the Contiguous Zone, 15 U.S.T. 1606. Charts
depicting the territorial sea baseline are available for examination in
accordance with Sec. 1.10-5(b) of this chapter.
Sec. 2.05-15 Contiguous zone.
Contiguous zone means the belt of high seas, 9 nautical miles wide,
that is adjacent to and seaward of the territorial seas of the United
States and that was declared to exist in Department of State Public
Notice 358 of June 1, 1972, 37 FR 11906.
[[Page 29]]
Sec. 2.05-20 Internal waters and inland waters.
(a) Internal waters and, except as provided in paragraph (b) of this
section, inland waters mean:
(1) With respect to the United States, the waters shoreward of the
territorial sea baseline.
(2) With respect to any foreign country, the waters shoreward of the
baseline of its territorial sea, as recognized by the United States.
(b) Inland waters, as used in 33 U.S.C. Chapter 3, means the waters
shoreward of the lines described in part 80 of this chapter, except the
Great Lakes and their connecting and tributary waters as far east as
Montreal, the waters of the Mississippi River between its source and the
Huey P. Long Bridge and all of its tributaries emptying thereinto and
their tributaries, that part of the Atchafalaya River above its junction
with the Plaquemine-Morgan City alternate waterway, and the Red River of
the North.
[CGD 75-098, 40 FR 49326, Oct. 22, 1975, as amended by CGD 96-026, 61 FR
33662, June 28, 1996]
Sec. 2.05-25 Navigable waters of the United States; Navigable Waters; Territorial Waters.2
---------------------------------------------------------------------------
2 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 Secs. 2.05-25 and 2.05-30 should be considered as
supplementary to these statutory definitions and not as interpretive of
them.
---------------------------------------------------------------------------
(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
(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, 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. 2.05-27 Waters subject to tidal influence; waters subject to the ebb and flow of the tide; mean high water.
Waters subject to tidal influence and waters subject to the ebb and
flow of the tide are interpreted as waters below mean high water. ``Mean
high water'' is the average of the height of the diurnal high water at a
particular location measured over a lunar cycle period of 19 years.
These terms do not include waters above mean high water caused by flood
flows, storms, high winds, seismic waves, or other non-lunar phenomena.
(Secs. 107, 108, Pub. L. 97-322, 96 Stat. 1582 (33 U.S.C. 495, 499, 502,
525, 533); 49 CFR 1.46(c))
[CGD 82-102, 47 FR 54299, Dec. 2, 1982]
Sec. 2.05-30 Waters subject to the jurisdiction of the United States; waters over which the United States has jurisdiction.2
---------------------------------------------------------------------------
2 See footnote 2 to Sec. 2.05-25.
---------------------------------------------------------------------------
Waters subject to the jurisdiction of the United States and waters
over which the United States has jurisdiction mean:
(a) Navigable waters of the United States;
(b) Other waters that are located on lands, owned by the United
States, with respect to which jurisdiction has
[[Page 30]]
been accepted in accordance with 33 U.S.C. 733 by the authorized federal
officer having custody, control, or other authority over them;
(c) Other waters that are located on lands, owned by the United
States, with respect to which the United States retains concurrent or
exclusive jurisdiction from the date that the State in which the lands
are located entered the union; and
(d) Waters within the territories and possessions of the United
States and the Trust Territories of the Pacific Islands.2
Sec. 2.05-35 Exclusive Economic Zone.
The Exclusive Economic Zone (EEZ) of the United States is a zone
contiguous to the territorial sea, including zones contiguous to the
territorial sea of the United States, the Commonwealth of Puerto Rico,
the Commonwealth of the Northern Mariana Islands (to the extent
consistent with the Covenant and the United Nations Trusteeship
Agreement), and the United States overseas territories and possessions.
The EEZ extends to a distance 200 nautical miles from the baseline from
which the breadth of the territorial sea is measured. In cases where the
maritime boundary with a neighboring State remains to be determined, the
boundary of the EEZ will be determined by the United States and the
other State concerned in accordance with equitable principles.
[CGD 97-023, 62 FR 33361, June 19, 1997]
Subpart 2.10--Availability of Jurisdictional Decisions
Sec. 2.10-1 Maintenance of decisions.
Each Coast Guard district maintains:
(a) A list of waters within the district which the Coast Guard has
decided to be navigable waters of the United States for the purposes of
its jurisdiction, and
(b) Charts reflecting Coast Guard decisions as to the location of
the territorial sea baseline for the purposes of Coast Guard
jurisdiction, if the district includes portions of the territorial seas.
Sec. 2.10-5 Availability of lists and charts.
The lists and charts referred to in Sec. 2.10-1 of this chapter are
available to the public and may be inspected or obtained in accordance
with Sec. 1.10-5(b) of this chapter.
Sec. 2.10-10 Decisions subject to change or modification.
The decisions referred to in Sec. 2.10-1 of this subpart are subject
to change or modification. Inquiries concerning the status of 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.
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.
[[Page 31]]
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; 49 CFR 1.45, 1.46.
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 States, its
territories, and possessions, including portions of the high seas
adjacent thereto. The description of the districts is established by the
Commandant under the authority delegated by 49 CFR 1.45 and 1.46.
(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
[[Page 32]]
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 Secs. 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]
Sec. 3.01-5 Assignment of functions.
Sections 1.45 and 1.46 of Title 49, Code of Federal Regulations,
authorize the Commandant of the Coast Guard to exercise certain
functions, powers, and duties vested in the Secretary of Transportation
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]
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. 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]
[[Page 33]]
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' W; that part of New Jersey north of 40 deg.18' N. latitude,
east of 74 deg.30.5' W. longitude, and northeast of a line from
40 deg.18' N. 74 deg.30.5' 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' W. longitude with a line
bearing 122 deg.T from the New Jersey shoreline at 40 deg.18' 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' N. latitude, 70 deg.49.0' 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' N. latitude; thence west to 42 deg.08' N. latitude,
70 deg.15' W. longitude; thence southwest to the Massachusetts coast at
Manomet Point at 41 deg.55' N. latitude, 70 deg.33' W. longitude; thence
northwest to 42 deg.04' N. latitude, 71 deg.06' W. longitude; thence to
the Massachusetts and Rhode Island boundaries at 42 deg.01.5' N.
latitude, 71 deg.28.0' 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]
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' N. latitude, 70 deg.49.0' W.
longitude and proceeds seaward on a line bearing 90 deg. T to the
outermost extent of the EEZ; thence northerly and westerly along
[[Page 34]]
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' N. latitude, 70 deg.33' W. longitude and proceeds
northeast to 42 deg.08' N. latitude 70 deg.15' W. longitude; thence east
along 42 deg.08' 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' N. latitude, 71 deg.48.5' W.
longitude at Westerly, Rhode Island; thence north to 41 deg.25' N.
latitude, 71 deg.48' 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' N. latitude, 71 deg.28.0' W. longitude; thence
east to 42 deg.04' N. latitude, 71 deg.06' 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' N. latitude, 73 deg.46.6' W. longitude and proceeds
southeasterly along a line bearing 127.5 deg.T to 38 deg.28' N.
latitude, 70 deg.11' W. longitude; thence northwesterly along a line
bearing 122 deg.T from the New Jersey coast at 40 deg.18' N. latitude;
thence west along 40 deg.18' N. latitude to 74 deg.30.5' 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' N. latitude; thence east to
74 deg.39' 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' N. latitude, 73 deg.40' W.
longitude; thence southerly to the southern shore of Manursing Island at
40 deg.58' N. latitude, 73 deg.40' W. longitude; thence southeasterly to
40 deg.52.5' N. latitude, 73 deg.37.2' W. longitude; thence southerly to
40 deg.40' N. latitude, 73 deg.40' 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 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' N. latitude,
73 deg.46.6' W. longitude; thence proceeds along a line northwesterly to
40 deg.40' N. latitude, 73 deg.40' W. longitude; thence to 40 deg.52.5'
N. latitude, 73 deg.37.2' W. longitude; thence
[[Page 35]]
northwest to the south shore of Manursing Island at 40 deg.58' N.
latitude, 73 deg.40' W. longitude; thence northerly to the Connecticut-
New York boundary at 41 deg.01.5' N. latitude, 73 deg.40' 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' N.
latitude, 71 deg.48' W. longitude; thence southerly to 41 deg.21' N.
latitude, 71 deg.48.5' 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' N. latitude, 73 deg.46.6' W. longitude to 38 deg.28' N.
latitude, 70 deg.11' 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]
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' W. longitude south to
41 deg.00' N. latitude, thence west to 79 deg.00' 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' N. latitude (just south of the Shrewsbury
River), thence westward to 40 deg.18' N. latitude, 74 deg.30.5' 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' 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' 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' 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' N.
latitude, thence proceeds westward to 40 deg.18' N. latitude,
74 deg.30.5' 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' N. latitude; thence west along the New York-Pennsylvania
boundary to 78 deg.55' W. longitude; thence south to 41 deg.00' N.
latitude; thence west to 79 deg.00' 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' N. latitude to
[[Page 36]]
70 deg.11' W. longitude; thence northwesterly along a line bearing
122 deg.T from the New Jersey Coast at 40 deg.18' 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' W. longitude; thence southerly to a point
75 deg.30' 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 along the Virginia-North Carolina boundary to
Kerr (Buggs Island) Lake; thence along the shore of Kerr Lake in North
Carolina back to the Virginia-North Carolina boundary; thence eastward
along the Virginia-North Carolina boundary to the west bank of the
Chowan River; thence southerly along the west bank of the Chowan River
to a point 36 deg.00' N. latitude, 76 deg.41' W. longitude; thence
generally southerly and easterly along the western boundaries of
Washington, and Hyde Counties to a point 35 deg.37' N. latitude,
76 deg.32' W. longitude; thence easterly to a point 35 deg.37' N.
latitude, 76 deg.00.5' W. longitude; thence generally southwesterly to a
point 35 deg.01.5' N. latitude, 76 deg.20 W. longitude; thence easterly
to the sea at 34 deg.59.8' N. latitude, 76 deg.07.8 W. longitude. The
offshore boundary starts at the intersection of the Maryland-Delaware
boundary and the coast and proceeds east to a point 38 deg.28' N.
latitude, 70 deg.11 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 34 deg.59.8' N. latitude; and thence
westerly along 34 deg.59.8' latitude to the coast at 76 deg.07.8' 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]
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' 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' W. longitude on the
Maryland-Virginia boundary; thence northerly to a point 75 deg.30' 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 37]]
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 34 deg.59.8' N. latitude,
76 deg.07.8' W. longitude, and proceeds along a line northwesterly to a
point 35 deg.01.5' N. latitude, 76 deg.10' W. longitude; thence westerly
to a point 35 deg.01.5' N. latitude, 76 deg.20' W. longitude; thence
westerly to a point 35 deg.37' N. latitude, 76 deg.32' W. longitude;
thence northerly and westerly along the western boundaries of Hyde and
Washington Counties to a point 36 deg.00' N. latitude, 76 deg.41' W.
longitude; thence northerly along the west bank of the Chowan River to
the North Carolina-Virginia boundary; thence westerly along the North
Carolina-Virginia boundary to Kerr (Buggs Island) Lake; thence along the
shore of Kerr Lake in North Carolina to the North Carolina-Virginia
Boundary; thence 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 34 deg.59.8' 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]
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 shall comprise South Carolina,
Florida, and Georgia, except that part of Florida and Georgia west of a
line from the intersection of the Florida coast with longitude
83 deg.50' W. due north to a position 30 deg.15' N., 83 deg.50' W.,
thence due west to a position 30 deg.15' N., 84 deg.45' W., thence due
north to the intersection with the south shore of 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 to
West Point, Ga.; the Panama Canal Zone; all of the island possessions of
the United States pertaining to Puerto Rico and the Virgin Islands; all
of the U.S. naval reservations in the islands of the West Indies and on
the north coast of South America; and the ocean areas encompassed by a
line bearing 122 deg. T. from the coastal end of the Fifth and Seventh
Coast Guard District land boundary to the intersection with the eastern
boundary of the National Maritime Search and Rescue Region; thence along
the eastern and southern boundary of the National Maritime Search and
Rescue Region to the intersection with the off-shore boundary between
the Seventh and Eighth Coast Guard Districts which is defined as a line
extending 199 deg. T. from the coastal end of the Seventh and Eighth
Coast Guard District land boundary; thence along this line to the coast.
[CGFR 61-40, 26 FR 10348, Nov. 3, 1961, as amended by CGFR 70-150, 36 FR
911, Jan. 20, 1971]
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
[[Page 38]]
coast at 28 deg.00' N. latitude; thence proceeds west to 28 deg.00' N.
latitude, 81 deg.30' W. longitude; thence south to 26 deg.00' N.
latitude, 81 deg.30' 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' 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 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' N. latitude; thence
easterly to the eastern bank of the Edisto River at 32 deg.41' 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' N. latitude; thence east along
30 deg.50' 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' N.
latitude; thence proceeds west to 30 deg.50' N. latitude, 82 deg.15' W.
longitude; thence south to the intersection of the Florida-Georgia
boundary at 82 deg.15' W. longitude; thence westerly along the Florida-
Georgia boundary to 83 deg.00' W. longitude; thence southeasterly to
28 deg.00' N. latitude, 81 deg.30' W. longitude; thence east to the sea
at 28 deg.00' N. latitude. The offshore boundary starts at the coast at
30 deg.50' 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' N. latitude; thence westerly along 28 deg.00' 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]
[[Page 39]]
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' N. latitude; thence westerly to the eastern
bank of the Savannah River at 32 deg.30' 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-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' N. latitude;
thence southeasterly to the eastern bank of the Flint River at
32 deg.20' 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' W. longitude; thence southerly to the
intersection of the Florida-Georgia boundary; thence easterly along the
Florida-Georgia boundary to 82 deg.15' W. longitude; thence north to
30 deg.50' N. latitude, 82 deg.15' W. longitude; thence east to the sea
at 30 deg.50' 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' N. latitude; thence
proceeds westerly along 30 deg.50' 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 locatred 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' W. longitude;
thence proceeds north to 30 deg.15' N. latitude, 83 deg.50' W.
longitude; thence west to 30 deg.15' N. latitude, 84 deg.45' W.
longitude; thence north to the Florida-Georgia boundary at 84 deg.45' W.
longitude; thence easterly along the Florida-Georgia boundary to
83 deg.00' W. longitude; thence southeasterly to 28 deg.00' N. latitude,
81 deg.30' W. longitude; thence south to 26 deg.00' N. latitude,
81 deg.30' 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' 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' N. latitude and west of
90 deg. W. longitude; that part of Minnesota south of 46 deg.20' N.
latitude; those parts of Florida and Georgia west of a line starting at
the Florida coast at 83 deg.50' W. longitude; thence northerly to
30 deg.15' N. latitude, 83 deg.50' W. longitude; thence due west to
30 deg.15' N. latitude, 84 deg.45' W. longitude; thence due north to the
southern bank of the Jim Woodruff Reservoir at 84 deg.45' W. longitude;
thence northeasterly along the eastern bank
[[Page 40]]
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' 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.
(b) The boundary of the Mobile Marine Inspection Zone and Captain of
the Port Zone starts at the Florida coast at 83 deg.50' W. longitude;
thence proceeds north to 30 deg.15' N. latitude, 83 deg.50' W.
longitude; thence west to 30 deg.15' N. latitude, 84 deg.45' W.
longitude; thence north to the southern shore of the Jim Woodruff
Reservoir at 84 deg.45' 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' N. latitude, 84 deg.02' W.
longitude; thence northwesterly to the intersection of the Georgia-
Alabama boundary at 32 deg.53' N. latitude; thence northerly along the
Georgia-Alabama boundary to 34 deg.00' N. latitude; thence west to the
Alabama-Mississippi boundary at 34 deg.00' 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' W. longitude; thence south
to the Mississippi coast; thence southeasterly to 29 deg.10' N.
latitude, 88 deg.00' 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' W. longitude; thence northeasterly along a
line bearing 199 deg. T from the Florida coast at 83 deg.50' 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' N. latitude, 88 deg.00' W.
longitude; thence proceeds north to 29 deg.10' N. latitude, 88 deg.00'
W. latitude; thence northwesterly to the Mississippi coast at 89 deg.10'
N. latitude; 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 Eighth
Coast Guard District line; thence west along the Eighth Coast Guard
District line 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' N. latitude, 90 deg.00' W. longitude; thence
southeast to 28 deg.50' N. latitude, 89 deg.27'06" W. longitude; thence
east to 88 deg.00' 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]
[[Page 41]]
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' N. latitude, 88 deg.00' W.
longitude; thence proceeds west to 28 deg.50' N. latitude, 89 deg.27'06"
W. longitude; thence northwesterly to 29 deg.18' N. latitude, 90 deg.00'
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' W. longitude; thence south along 92 deg.23' W.
longitude to the outermost extent of the EEZ; thence easterly along the
outermost extent of the EEZ to 88 deg.00' W. longitude; thence north to
28 deg.50' N. latitude, 88 deg.00' 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' W. longitude; thence proceeds north along 92 deg.23' 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' W. longitude; thence south along 97 deg.00' 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' N. latitude, 93 deg.55' W. longitude; thence east along
30 deg.00' N. latitude to 94 deg.23' W. longitude; thence south along
94 deg.23' W. longitude to the sea; thence seaward to 29 deg.24' N.
latitude, 94 deg.20' W. longitude; thence easterly following a line 10.3
nautical miles from the coast to 29 deg.30' N. latitude, 93 deg.48' W.
longitude; thence southeasterly to 27 deg.49' N. latitude, 93 deg.25' W.
longitude; thence south along 93 deg.25' W. longitude to the outermost
extent of the EEZ; thence east along the outermost extent of the EEZ to
92 deg.23' W. longitude; thence north along 92 deg.23' 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' W. longitude; thence proceeds north along 94 deg.23' W.
longitude to 30 deg.00' N. latitude; thence west along 30 deg.00' 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' W. longitude; thence north along 97 deg.00' W.
longitude to the Texas-Oklahoma boundary; thence northwesterly along the
Texas-Oklahoma boundary; thence north along the
[[Page 42]]
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' N. latitude; thence southeasterly to
29 deg.18' N. latitude, 96 deg.07' W. longitude on the east bank of the
Colorado River; thence 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' W. longitude; thence north to 27 deg.49' N. latitude,
93 deg.25' W. longitude; thence northwesterly to 29 deg.30' N. latitude,
93 deg.48' W. longitude; thence westward following a line 10.3 nautical
miles from the coast to 29 deg.24' N. latitude, 94 deg.20' W. longitude;
thence northwesterly to the coast at 94 deg.23' 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' N. latitude, 96 deg.07' W.
longitude; thence northwesterly to the southeast corner of New Mexico at
32 deg.00' 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' N. latitude; that part of Wisconsin south of
46 deg.20' 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
[[Page 43]]
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' 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,
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,
[[Page 44]]
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 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' 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' W.; Pennsylvania
north of latitude 41 deg. and west of longitude 78 deg.55' 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' N. and west of
longitude 90 deg. W.; and that part of Minnesota north of latitude
46 deg.20' 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
[[Page 45]]
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' W.; thence due south to
latitude 41 deg. N.; thence due east to longitude 80 deg.31'12" W.
(Ohio/Pennsylvania State boundary); thence due north to the
international boundary; thence southwesterly along the 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.31'12" W. (Ohio/Pennsylvania State
boundary); thence due south to latitude 41 deg.N.; thence due east to
longitude 78 deg.55' W.; thence due north to latitude 42 deg. N.; thence
due east to longitude 74 deg.39' 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' N., thence northeasterly to
latitude 44 deg.43' N., longitude 86 deg.40' W.; thence due east to
longitude 84 deg.30' 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 latitdue 42 deg. N.,
longitude 84 deg.30'W.; thence due east to the international boundary;
thence northerly along the international boundaries to latitude
44 deg.43' N.; thence due west to longitude 84 deg.30' 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' N.; thence due
east to longitude 88 deg.30' W.; thence northeasterly to the shore of
Lake Superior at longitude 87 deg.45' W.; thence northerly to Manitou
Island Light, located at latitude 47 deg.25' N., longitude 87 deg.35'
W.;thence due north to the international boundary at longitude
87 deg.35' W.; thence westerly along the international boundary to the
starting point.
[[Page 46]]
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' N.; thence northeasterly to
latitude 44 deg.43' N., longitude 86 deg.40' W.; thence due north to
latitude 45 deg.27' N.; thence due west to longitude 88 deg.30' W.;
thence due north to latitude 46 deg.20' 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' N.; thence due west to
longitude 86 deg.40' W.; thence due north to latitude 45 deg.27' N.;
thence due west to longitude 88 deg.30' W.; thence due north to latitude
46 deg.20' N.; thence northeasterly to the shore of Lake Superior at
longitude 87 deg.45' W.; thence northerly to Manitou Island Light,
located at latitude 47 deg.25' N., longitude 87 deg.35' W.; thence due
north to the international boundary at longitude 87 deg.35' 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' W.; thence due south to latitude 41 deg. N.; thence
due east to longitude 82 deg.25' 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' N. latitude, 92 deg.19' 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' 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' N. latitude) and
[[Page 47]]
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 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' 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' 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' 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.29'35" N. latitude,
124 deg.43'45" 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' N.
latitude; thence westerly along 46 deg.55' N. latitude to 123 deg.18' W.
longitude; thence northerly to a point 47 deg.32' N. latitude,
123 deg.18' W. longitude; thence westerly along 47 deg.32' N. latitude
to the outermost extent of the EEZ;
[[Page 48]]
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.
(b) The boundary of the Portland, Oregon, Marine Inspecton Zone and
Captain of the Port Zone starts at the Washington coast at 47 deg.32' N.
latitude and proceeds along this latitude easterly to a point 47 deg.32'
N. latitude, 123 deg.18' W. longitude; thence southerly to 46 deg.55' 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' 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' N. latitude; thence easterly
along 47 deg.32' 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]
[[Page 49]]
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 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' 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' N. latitude, 142 deg.00' W. longitude; thence proceeds
northeasterly to the Canadian border at 60 deg.18.7' N. latitude,
141 deg.00' W. longitude; thence southerly and easterly along the United
States-Canadian shoreside boundary to 54 deg.40' 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' 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 Secs. 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' W. longitude, 59 deg.56.06' N. latitude, and
proceeds northerly to 61 deg.30' N. latitude; thence easterly to the
United States-Canadian boundary; thence southerly along the United
States-Canadian boundary to 60 deg.18.7' N. latitude; thence
southwesterly to the
[[Page 50]]
sea at 60 deg.01.3' N. latitude, 142 deg.00' W. longitude; thence
southerly along 142 deg.00' W. longitude to the outermost boundary of
the EEZ; thence along the outermost boundary of the EEZ to 148 deg.26'N.
longitude; thence northerly along 148 deg.26' W. longitude to the place
of origin at Cape Puget at 59 deg.56.06' 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]
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; 49 CFR 1.45(a).
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 45................................. 2115-0036
Part 66................................. 2115-0002
Part 66................................. 2115-0002
Part 67................................. 2115-0038
Part 89................................. 2115-0074
Part 100................................ 2115-0017
Part 115................................ 2115-0050
Part 116................................ 2115-0614
Part 125................................ 2115-0039
Section 126.15(c)....................... 2115-0054
Section 126.15(o)(1).................... 2115-0105
Section 126.15(o)(7)(vii)............... 2115-0507
Section 126.17.......................... 2115-0013
Part 127................................ 2115-0552
Part 130................................ 2115-0545
Section 135.215......................... 2115-0041
Part 138................................ 2115-0545
Section 140.15.......................... 2115-0553
Part 141................................ 2115-0143
Part 146................................ 2115-0003
Section 146.130......................... 2115-0542
Section 146.140......................... 2115-0580
Section 146.210......................... 2115-0580
Part 151................................ 2115-0025; 0526 and 0544
Section 151.43.......................... 2115-0543 and 0544
Section 153.3........................... 2115-0089
Section 153.8........................... 2115-0089
Section 153.10.......................... 2115-0089
Section 153.12.......................... 2115-0089
Section 153.203......................... 2115-0137
Section 153.483......................... 2115-0089
Section 153.490......................... 2115-0089
Section 153.491......................... 2115-0089
Section 153.900......................... 2115-0089
Section 153.901......................... 2115-0089
Section 153.909......................... 2115-0089
Section 153.1119........................ 2115-0089
Section 153.1120........................ 2115-0089
Section 153.1132........................ 2115-0089
Section 153.1114........................ 2115-0089
Section 153.1116........................ 2115-0089
Section 153.1130........................ 2115-0089
Section 154.107......................... 2115-0097
Section 154.110......................... 2115-0077
Section 154.300......................... 2115-0083 and 0078
Section 154.300 through 154.325......... 2115-0078
Section 154.740......................... 2115-0096, 0506
Section 154.804......................... 2115-0581
Section 154.806......................... 2115-0581
Section 155.107......................... 2115-0097
Section 155.740......................... 2115-0120
Section 155.750......................... 2115-0120
Section 155.820(a)-(c).................. 2115-0096
Section 155.820(d)...................... 2115-0506
Section 156.107......................... 2115-0097
Section 156.120......................... 2115-0506
Section 156.150......................... 2115-0506
Section 156.170......................... 2115-0096
Part 156, Subpart B..................... 2115-0539
Part 157................................ 2115-0518; 0503 and 0520
Section 157.23.......................... 2115-0520
Section 157.37.......................... 2115-0520
Section 157.49.......................... 2115-0520
Part 158................................ 2115-0543
Section 158.140......................... 2115-0543 and 0544
Section 158.150......................... 2115-0543 and 0544
Section 158.165......................... 2115-0543 and 0544
[[Page 51]]
Section 158.190......................... 2115-0543 and 0544
Part 160................................ 2115-0540
Part 161................................ 2115-0540
Part 164................................ 2115-0540
Part 165................................ 2115-0540
Section 165.803(i)...................... 2115-0092
Section 173.23.......................... 2115-0009
Section 173.25.......................... 2115-0009
Section 173.27.......................... 2115-0009
Section 173.55.......................... 2115-0010
Section 173.71.......................... 2115-0009
Section 179.13.......................... 2115-0035
Section 179.15.......................... 2115-0035
Section 181.21 through 181.31........... 2115-0055
------------------------------------------------------------------------
[CGD 84-050, 49 FR 26584, June 28, 1984]
Editorial Note: For Federal Register citations affecting Sec. 4.02,
see the List of CFR Sections Affected in the Finding Aids section of
this volume.
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.
5.51 Damaged equipment or facilities.
5.53 Constructive or actual loss.
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; 49 CFR 1.46.
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 Transportation when the Coast
Guard operates in the Department of Transportation 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]
[[Page 52]]
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 Guard, in such manner and to such
extent, as he deems necessary or appropriate for the functioning,
organization, and internal administration of the Auxiliary.
Sec. 5.09 Eligibility for membership.
To be eligible for membership in the Auxiliary, a person (male or
female) must be over 17 years of age; a citizen of the United States or
of its Territories and possessions; and either own not less than a
twenty-five percent interest in a motorboat, yacht, aircraft, or radio
station; or have had such special training or experience as to qualify
him in the opinion of the Commandant, for duty in the Auxiliary.
[CGFR 59-58, 24 FR 10717, Dec. 25, 1959]
Sec. 5.11 Membership in military organizations.
Members of the Auxiliary may also be enrolled, enlisted or
commissioned in the Coast Guard Reserve. Membership in the Auxiliary is
not a bar to membership in any other naval or military organization.
Sec. 5.13 Application for membership.
Application for membership in the Auxiliary shall be made on the
prescribed form which may be obtained from the Commander of the Coast
Guard district in which located. Membership is based on the needs of the
Auxiliary and will necessarily vary in the various Coast Guard
districts.
[CGFR 59-58, 24 FR 10717, Dec. 25, 1959]
Sec. 5.15 Admission to membership.
An applicant who is accepted for membership shall be enrolled in the
Auxiliary and shall be issued a membership certificate and
identification card. Mere ownership of such a certificate or card shall
not entitle a member of the Auxiliary to be vested with or exercise any
right, privilege, power, or duty vested in or imposed upon the personnel
of the Coast Guard or the Coast Guard Reserve.
[CGFR 59-58, 24 FR 10717, Dec. 25, 1959]
Sec. 5.17 Disenrollment.
A member of the Auxiliary shall be disenrolled on request; upon
ceasing to possess the qualifications for membership; for cause; upon
direction of the Commandant; or upon death.
[CGFR 59-58, 24 FR 10717, Dec. 25, 1959]
Sec. 5.19 Training.
The Commandant may authorize members of the Auxiliary to pursue
correspondence courses conducted by the Coast Guard Institute at cost
when the furnishing of such courses does not interfere with other
regular Coast Guard activities.
Sec. 5.21 Ranks, titles, designations, or grades.
The members of the Auxiliary shall have such ranks, titles,
designations, or grades, pursuant to their qualifications, as the
Commandant considers necessary for the administration and operation of
the Auxiliary.
Sec. 5.23 Advancement.
The Commandant shall prescribe the circumstances and qualifications
under which members of the Auxiliary may be advanced.
Sec. 5.25 Honorary members.
For conspicuous service to or active interest in the Auxiliary, the
Commandant may award any person with
[[Page 53]]
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.
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
[[Page 54]]
Guard within the meaning of section 828 of title 14, U.S. Code, and
shall be deemed to be a ``public aircraft'' within the meaning of the
act of June 23, 1958 (72 Stat. 737; 49 U.S.C. 1301).
(c) Any radio station shall be deemed to be a radio station of the
United States Coast Guard and a ``Government station'' within the
meaning of section 829, title 14, U.S. Code.
[CGFR 59-58, 24 FR 10717, Dec. 25, 1959]
Sec. 5.45 Return of facility.
A vessel, aircraft, or radio station placed at the disposal of the
Coast Guard for a specific period, shall be returned at the expiration
of such period, unless circumstances or emergent need make the return
impracticable at that time. The Commandant will determine the method,
time, and documents to be exchanged upon the return to the owner of any
facility. The property shall be reinventoried as of the time, date and
place of redelivery, and mutually settled by the owner and the
representative of the Coast Guard. Should 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 vessel, aircraft, or radio station has been offered
to and accepted by the Coast Guard shall, in accordance with
instructions of the Commandant, be reimbursed for the actual necessary
expenses of operation of such vessel, aircraft, or radio station when
assigned to Coast Guard duty. ``Actual necessary expenses of operation''
includes payment for fuel, oil, power, water, supplies, provisions, and
replacement or repair of equipment.
Sec. 5.51 Damaged equipment or facilities.
The Commandant will prescribe the nature of reports to be made and
the procedure to be followed upon the return of a vessel, aircraft, or
radio station. If such report shows that the vessel, aircraft, or radio
station has been damaged, or that any equipment thereof is in need of
replacement or repair, the Commandant shall cause an investigation to be
made. If, as a result of such investigation, it is found that the
responsibility for the damage rests
[[Page 55]]
with the Coast Guard; and that the vessel, aircraft, or radio station
had been offered to and accepted by the Coast Guard; and that at the
time the damage was incurred the facility was assigned, by competent
authority, to specific Coast Guard duties; the damages may be repaired
or the equipment replaced, in the discretion of the Commandant, whose
decision shall be final, either by the Coast Guard or by the owner of
the facility at his own expense for which reimbursement will be made by
the Coast Guard.
Sec. 5.53 Constructive or actual loss.
In case of the constructive or actual loss of a vessel, aircraft, or
radio station, where such loss is reported to the Coast Guard within six
months from the date of such loss, the Commandant will cause an
investigation to be made. If, as a result of such investigation, it is
found that the responsibility for the loss rests with the Coast Guard;
and that the vessel, aircraft, or radio station had been offered to and
accepted by the Coast Guard; and that at the time of the loss, the
facility was assigned, by competent authority, to specific Coast Guard
duties; the Coast Guard will make such payment to the owner of the
facility, as in the discretion of the Commandant, whose decision shall
be final, will compensate such owner for the constructive or actual loss
of his vessel, aircraft, or radio station.
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
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
[[Page 56]]
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.
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.
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 as used in this part, means all piers, wharves,
docks, and similar structures to which vessels may be secured; areas of
land, water, or land and water under and in immediate proximity to them;
buildings on such structures or contiguous to them and equipment and
materials on such structures or in such buildings.
[EO 11249, 30 FR 13001, Oct. 13, 1965]
[[Page 57]]
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]
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 and the Commandant, and 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 and
the Commandant.
(b) The rules and regulations in this part may be enforced by any
other officer of the Coast Guard designated by the Commandant or the
District Commander.
[EO 10173, 15 FR 7012, Oct. 20, 1950, as amended by EO 10277, 16 FR
7541, Aug. 2, 1951]
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 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
[[Page 58]]
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]
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]
[[Page 59]]
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]
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.
[[Page 60]]
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 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
[[Page 61]]
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