[Title 33 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2017 Edition]
[From the U.S. Government Publishing Office]
[[Page i]]
Title 33
Navigation and Navigable Waters
________________________
Parts 1 to 124
Revised as of July 1, 2017
Containing a codification of documents of general
applicability and future effect
As of July 1, 2017
Published by the Office of the Federal Register
National Archives and Records Administration as a
Special Edition of the Federal Register
[[Page ii]]
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[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 33:
Chapter I--Coast Guard, Department of Homeland
Security 3
Finding Aids:
Table of CFR Titles and Chapters........................ 701
Alphabetical List of Agencies Appearing in the CFR...... 721
List of CFR Sections Affected........................... 731
[[Page iv]]
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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.
----------------------------
[[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
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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
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LEGAL STATUS
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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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INCORPORATION BY REFERENCE
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(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
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What if the material incorporated by reference cannot be found? If
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[[Page vii]]
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Oliver A. Potts,
Director,
Office of the Federal Register.
July 1, 2017.
[[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, 2017. The first and
second volumes, parts 1-124 and 125-199, contain current regulations of
the Coast Guard, Department of Homeland Security. The third volume, part
200 to end, contains current regulations of the Corps of Engineers,
Department of the Army, and the Saint Lawrence Seaway Development
Corporation, Department of Transportation.
For this volume, Bonnie Fritts was Chief Editor. The Code of Federal
Regulations publication program is under the direction of John Hyrum
Martinez, assisted by Stephen J. Frattini.
[[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 Homeland Security..... 1
Abbreviations Used in This Chapter:
BMC = Chief Boatswains Mate. CGFR = Coast Guard Federal Register
document number. CG = Coast Guard. EM = Electrician's Mate. LS =
Lightship. NC = Flag hoist meaning, ``I am in distress and require
immediate assistance.'' NCG = Call letters for any Coast Guard Shore
Radio Station. OAN = Aids to Navigation Division. PTP = Training and
Procurement. U.S.C.G. = United States Coast Guard.
[[Page 3]]
CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
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Editorial Note: Nomenclature changes to chapter I appear by USCG-2005-
23172, 70 FR 75734, Dec. 21, 2005.
SUBCHAPTER A--GENERAL
Part Page
1 General provisions.......................... 7
2 Jurisdiction................................ 29
3 Coast Guard areas, districts, sectors,
marine inspection zones, and Captain of
the Port zones.......................... 33
4 OMB control numbers assigned pursuant to the
Paperwork Reduction Act................. 53
5 Coast Guard Auxiliary....................... 54
6 Protection and security of vessels, harbors,
and waterfront facilities............... 62
8 United States Coast Guard Reserve........... 66
13 Decorations, medals, ribbons and similar
devices................................. 67
17 United States Coast Guard general gift fund. 70
19 Waivers of navigation and vessel inspection
laws and regulations.................... 71
20 Rules of practice, procedure, and evidence
for formal administrative proceedings of
the Coast Guard......................... 74
23 Distinctive markings for Coast Guard vessels
and aircraft............................ 97
25 Claims...................................... 98
26 Vessel bridge-to-bridge radiotelephone
regulations............................. 109
27 Adjustment of civil monetary penalties for
inflation............................... 112
SUBCHAPTER B--PERSONNEL
40 Cadets of the Coast Guard................... 116
45 Enlistment of personnel..................... 116
49 Payment of amounts due mentally incompetent
Coast Guard personnel................... 117
50 Coast Guard Retiring Review Board........... 119
51 Coast Guard Discharge Review Board.......... 121
[[Page 4]]
52 Board for Correction of Military Records of
the Coast Guard......................... 126
53 Coast Guard whistleblower protection........ 133
54 Allotments from active duty pay for certain
support obligations..................... 137
55 Child development services.................. 138
SUBCHAPTER C--AIDS TO NAVIGATION
60
[Reserved]
62 United States aids to navigation system..... 140
64 Marking of structures, sunken vessels and
other obstructions...................... 149
66 Private aids to navigation.................. 152
67 Aids to navigation on artificial islands and
fixed structures........................ 160
70 Interference with or damage to aids to
navigation.............................. 174
72 Marine information.......................... 175
74 Charges for Coast Guard aids to navigation
work.................................... 177
76 Sale and transfer of aids to navigation
equipment............................... 178
SUBCHAPTER D--INTERNATIONAL NAVIGATION RULES
Special Note: Application of the 72 COLREGS
to territories and possessions.......... 180
80 COLREGS Demarcation Lines................... 181
81 72 COLREGS: Implementing Rules.............. 198
82 72 COLREGS: Interpretative Rules............ 200
SUBCHAPTER E--INLAND NAVIGATION RULES
83 Rules....................................... 201
84 Annex I: Positioning and Technical Details
of Lights and Shapes.................... 217
85
[Reserved]
86 Annex III: Technical Details of Sound Signal
Appliances.............................. 222
87 Annex IV: Distress Signals.................. 223
88 Annex V: Pilot Rules........................ 224
89 Inland navigation rules: Implementing rules. 225
90 Inland rules: Interpretative rules.......... 228
SUBCHAPTER F--VESSEL OPERATING REGULATIONS
95 Operating a vessel while under the influence
of alcohol or a dangerous drug.......... 229
96 Rules for thesafe operation of vessels and
safety management systems............... 231
[[Page 5]]
97 Rules for the safe operation of vessels,
stowage and securing of cargoes......... 244
SUBCHAPTER G--REGATTAS AND MARINE PARADES
100 Safety of life on navigable waters.......... 250
SUBCHAPTER H--MARITIME SECURITY
101 Maritime security: General.................. 339
102
Maritime security: National maritime transportation security [Reserved]
103 Maritime security: Area maritime security... 357
104 Maritime security: Vessels.................. 361
105 Maritime security: Facilities............... 389
106 Marine security: Outer Continental Shelf
(OCS) facilities........................ 418
107 National vessel and facility control
measures and limited access areas....... 437
SUBCHAPTER I--ANCHORAGES
109 General..................................... 442
110 Anchorage regulations....................... 443
SUBCHAPTER J--BRIDGES
114 General..................................... 557
115 Bridge locations and clearances;
administrative procedures............... 559
116 Alteration of unreasonably obstructive
bridges................................. 563
117 Drawbridge operation regulations............ 568
118 Bridge lighting and other signals........... 685
SUBCHAPTER K--SECURITY OF VESSELS
120 Security of passenger vessels............... 693
121-124
[Reserved]
[[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.
Editorial Note: Nomenclature changes to part 1 appear by USCG-2010-
0351, 75 FR 36277, June 25, 2010.
Subpart 1.01_Delegation of Authority
Authority: 14 U.S.C. 633; 33 U.S.C. 401, 491, 525, 1321, 2716, and
2716a; 42 U.S.C. 9615; 49 U.S.C. 322; Department of Homeland Security
Delegation No. 0170.1; 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.
[[Page 8]]
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 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.
(a) Officers in Charge, Marine Inspection (OCMI), have been
designated and delegated to perform, within each OCMI's jurisdiction,
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.
(b) The Commanding Officer of the National Maritime Center has been
designated and delegated the same authority as an OCMI for the purpose
of carrying out the following marine safety functions pursuant to the
provisions of 46 CFR Subchapter B:
(1) Licensing, credentialing, certificating, shipment and discharge
of seamen;
(2) Referring to the processing Regional Examination Center (REC),
the Suspension and Revocation National Center of Expertise, or cognizant
OCMI potential violations of law, negligence, misconduct,
unskillfulness, incompetence or misbehavior of persons holding merchant
mariner's documents, licenses, certificates or credentials issued by the
Coast Guard, and recommending suspension or revocation under 46 U.S.C.
Chapter 77 when deemed appropriate; and
(3) Granting, withholding, suspending, or withdrawing course
approvals.
[CGFR 48-72, 13 FR 9330, Dec. 31, 1948, as amended by USCG-1998-3799, 63
FR 35525, June 30, 1998; USCG-2006-25535, 72 FR 7929, Feb. 22, 2007;
USCG-2009-0314, 74 FR 30937, June 29, 2009]
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]
[[Page 9]]
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 Deputy Commandant for Operations
(CG-DCO), 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 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.
(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; USCG-2010-
0351, 75 FR 49410, Aug. 13, 2010; USCG-2011-0257, 76 FR 31833, June 2,
2011]
Sec. 1.01-70 CERCLA delegations.
(a) For the purpose of this section, the definitions in section 101
of the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (Pub. L. 96-510), as amended by the Superfund Amendments and
Reauthorization Act of 1986 (Pub. L. 99-499), apply. The Act, as
amended, is referred to in this section as CERCLA.
(b) The Assistant Commandant for Marine Safety, Security and
Environmental Protection (CG-5) 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.
[[Page 10]]
(3) Authority, pursuant to section 108 of CERCLA, to deny entry to
any port or place in the United States or to the navigable waters of the
United States and detain at any port or place in the United States any
vessel subject to section 108(a) of CERCLA that, upon request, does not
provide evidence of financial responsibility.
(e) Subject to the provisions of Executive Order 12580, and
paragraph (g) of this section, each Coast Guard official, predesignated
as an On-Scene Coordinator, is delegated authority as follows:
(1) Authority, pursuant to CERCLA sections 104(a), 104(b), 104(c)
and consistent with the National Contingency Plan, to remove or arrange
for the removal of releases and threatened releases of hazardous
substances, and of pollutants or contaminants which may present an
imminent and substantial danger to the public health or welfare.
(2) Authority, pursuant to CERCLA section 104(i)(11), to take such
steps as may be necessary to reduce exposure that presents a significant
risk to human health, and to eliminate or substantially mitigate that
significant risk to human health.
(3) Authority, pursuant to CERCLA section 106(a), to issue orders to
protect the public health and welfare and the environment whenever that
official determines that a release or threatened release of a hazardous
substance from a facility may present an imminent and substantial
endangerment to the public health or welfare or the environment.
(4) Authority, pursuant to CERCLA section 104(e), except section
104(e)(7)(C), to enter establishments or other places where hazardous
substances are or have been generated, stored, treated, disposed of, or
transported from to inspect and obtain records, reports, samples and
information in support of the response functions delegated in paragraphs
(d), (e)(1), (e)(2), and (e)(3) of this section.
(5) Authority, pursuant to CERCLA section 122, to enter into an
agreement with any person (including the owner or operator of the vessel
or facility from which a release or substantial threat of release
emanates, or any other potential responsible person), to perform any
response action, provided that such action will be done properly by such
person.
(f) Except for the authority granted in paragraphs (d)(1) and (e)(1)
of this section, each Coast Guard official to whom authority is granted
in this section may redelegate and authorize successive redelegations of
that authority. The authority granted in paragraph (e)(3) of this
section may only be redelegated to commissioned officers.
(g) The response authority described in paragraph (e)(1) of this
section does not include authority to--
(1) Summarily remove or destroy a vessel; or
(2) Take any other action that constitutes intervention under
CERCLA, the Intervention on the High Seas Act (33 U.S.C. 1471 et. seq.),
or other applicable laws. ``Intervention'' means any detrimental action
taken against the interest of a vessel or its cargo without the consent
of the vessel's owner or operator.
[CGD 88-051, 53 FR 30259, Aug. 11, 1988, as amended by CGD 91-225, 59 FR
66484, Dec. 27, 1994; CGD 96-026, 61 FR 33662, June 28, 1996; CGD 97-
023, 62 FR 33361, June 19, 1997; USCG-2002-12471, 67 FR 41331, June 18,
2002; USCG-2003-14505, 68 FR 9534, Feb. 28, 2003]
Sec. 1.01-80 FWPCA and OPA 90 delegations.
(a) This section delegates authority to implement provisions of
section 311 of the Federal Water Pollution Control Act (FWPCA), as
amended [33 U.S.C. 1321] and provisions of the Oil Pollution Act of 1990
(OPA 90). The definitions in subsection (a) of section 311 of the FWPCA
and section 1001 of OPA 90 [33 U.S.C. 2701] apply.
(b) The Assistant Commandant for Marine Safety, Security and
Environmental Protection, is delegated authority to require the owner or
operator of a facility to establish and maintain such records, make such
reports, install, use, and maintain such monitoring equipment and
methods, and provide such other information as may be required to carry
out the objectives of section 311 of the FWPCA [33 U.S.C. 1321].
(c) Each District and Area Commander is delegated authority within
the Commander's assigned district or area to--
[[Page 11]]
(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)];
(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
[[Page 12]]
(5) Acting to mitigate the damage to the public health or welfare
caused by a discharge of oil or a hazardous substance.
(e) The authority described in paragraph (d) of this section does
not include the authority to--
(1) Remove or destroy a vessel; or
(2) Take any other action that constitutes intervention under the
Intervention on the High Seas Act [33 U.S.C. 1471, et seq.] or other
applicable laws. For purposes of this section, ``intervention'' means
any detrimental action taken against the interest of a vessel or its
cargo without the consent of the vessel's owner or operator.
[CGD 91-225, 59 FR 66484, Dec. 27, 1994, as amended by CGD 96-026, 61 FR
33662, June 28, 1996; CGD 97-023, 62 FR 33361, June 19, 1997; USCG-2002-
12471, 67 FR 41331, June 18, 2002]
Sec. 1.01-85 Redelegation.
Except as provided in Sec. 1.01-80(e)(1) and (2), each Coast Guard
officer to whom authority is granted in Sec. 1.01-80 may redelegate and
authorize successive redelegations of that authority within the command
under the officer's jurisdiction, or to members of the officer's staff.
[CGD 91-225, 59 FR 66485, Dec. 27, 1994]
Sec. 1.01-90 Commissioned, warrant, and petty officers.
Any commissioned, warrant, or petty officer of the United States
Coast Guard may be authorized to carry out the functions delegated to
superior officials under Sec. Sec. 1.01-1, 1.01-20, 1.01-30, 1.01-70,
and 1.07-80, or redelegated under Sec. 1.01-85, within the jurisdiction
of the cognizant official. They will do so under the supervision and
general direction of that official.
[CGD 91-225, 59 FR 66485, Dec. 27, 1994]
Subpart 1.05_Rulemaking
Authority: 5 U.S.C. 552, 553, App. 2; 14 U.S.C. 2, 631, 632, and
633; 33 U.S.C. 471, 499; 49 U.S.C. 101, 322; Department of Homeland
Security Delegation No. 0170.1.
Source: CGD 95-057, 60 FR 34148, June 30, 1995, unless otherwise
noted.
Sec. 1.05-1 Delegation of rulemaking authority.
(a) The Secretary of Homeland Security is empowered by various
statutes to issue regulations regarding the functions, powers and duties
of the Coast Guard.
(b) The Secretary of Homeland Security has delegated much of this
authority to the Commandant, U.S. Coast Guard, including authority to
issue regulations regarding the functions of the Coast Guard and the
authority to redelegate and authorize successive redelegations of that
authority within the Coast Guard.
(c) The Commandant has reserved the authority to issue any rules and
regulations determined to be significant under Executive Order 12866,
Regulatory Planning and Review.
(d) The Commandant has redelegated the authority to develop and
issue those regulations necessary to implement laws, treaties and
Executive Orders to the Assistant Commandant for Marine Safety, Security
and Stewardship (CG-5). The Commandant further redelegates this same
authority to the Director, National Pollution Fund Center (Director,
NPFC) for those regulations within the Director, NPFC area of
responsibility.
(1) The Assistant Commandant for Marine Safety, Security, and
Stewardship may further reassign the delegated authority of this
paragraph to:
(i) Any Director within the CG-5 Directorate as appropriate; or
(ii) Any other Assistant Commandant as appropriate.
(2) The authority redelegated in paragraph (d) of this section is
limited to those regulations determined to be nonsignificant within the
meaning of Executive Order 12866.
(e)(1) The Commandant has redelegated to the Coast Guard District
Commanders, with the reservation that this authority must not be further
redelegated except as specified in paragraph (i) below, 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.
[[Page 13]]
(iv) The establishment of Regulated Navigation Areas.
(v) The establishment of safety and security zones.
(vi) The establishment of special local regulations.
(vii) The establishment of inland waterways navigation 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 must 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 Deputy Commandant for Operations
(CG-DCO), and the Assistant Commandant for Marine Safety, Security and
Stewardship, 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.
(h) The Chief, Office of Regulations and Administrative Law (CG-
0943), has authority to develop and issue those regulations necessary to
implement all technical, organizational, and conforming amendments and
corrections to rules, regulations, and notices.
(i) The Commandant has redelegated to the Coast Guard District
Commanders the authority to redelegate in writing to the Captains of the
Port (COTP), with the reservation that this authority must not be
further redelegated, the authority to issue such special local
regulations as the COTP deems necessary to ensure safety of life on the
navigable waters immediately prior to, during, and immediately after
regattas and marine parades.
(j) The Commandant has redelegated to Coast Guard District
Commanders the authority to redelegate in writing to the Coast Guard
District Bridge Manager, with the reservation that this authority must
not be further redelegated, the authority to issue temporary deviations
from drawbridge operating regulations as the District Bridge Manager
deems necessary.
[CGD 95-057, 60 FR 34148, June 30, 1995]
Editorial Note: For Federal Register citations affecting Sec. 1.05-
1, see the List of CFR Sections Affected, which appears in the Finding
Aids section of the printed volume and at www.fdsys.gov.
Sec. 1.05-5 Marine Safety and Security Council.
The Marine Safety and Security Council, composed of senior Coast
Guard officials, acts as policy advisor to the Commandant and is the
focal point of the Coast Guard regulatory system. The Marine Safety and
Security Council provides oversight, review, and guidance for all Coast
Guard regulatory activity.
[CGD 95-057, 60 FR 34148, June 30, 1995, as amended by USCG-2003-15404,
68 FR 37740, June 25, 2003]
Sec. 1.05-10 Regulatory process overview.
(a) Most rules of local applicability are issued by District
Commanders, Captains of the Port, and District Bridge Managers while
rules of wider applicability are issued by senior Coast Guard officials
at Coast Guard Headquarters. For both significant rulemaking (defined by
Executive Order 12866, Regulatory Planning and Review) and non-
significant rulemaking, other than those areas delegated to District
Commanders, Captains of the Port, and District Bridge Managers the
regulatory process begins when an office chief with program
responsibilities identifies a possible need for a new regulation or for
changes to an existing regulation. The need may arise due to statutory
changes, or be based on internal review or public input. Early public
involvement is strongly encouraged.
(b) After a tentative significant regulatory approach is developed,
a significant regulatory project proposal is submitted to the Marine
Safety and Security Council for approval. The proposal describes the
scope of the proposed regulation, alternatives considered, and potential
cost and benefits, including possible environmental impacts. All
significant regulatory projects require
[[Page 14]]
Marine Safety and Security Council approval.
(c) Significant rulemaking documents must also be approved by the
Commandant of the Coast Guard.
(d) If the project is approved, the necessary documents are drafted,
including documents to be published in the Federal Register. These may
include regulatory evaluations, environmental analyses, requests for
comments, announcements of public meetings, notices of proposed
rulemakings, and final rules.
[CGD 95-057, 60 FR 34148, June 30, 1995, as amended by USCG-2003-14505,
68 FR 9534, Feb. 28, 2003; USCG-2003-15404, 68 FR 37740, June 25, 2003;
USCG-2008-0179, 73 FR 35001, June 19, 2008; USCG-2013-0397, 78 FR 39170,
July 1, 2013]
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 Commandant (CG-
0943), Attn: Executive Secretary, Marine Safety and Security Council,
U.S. Coast Guard Stop 7213, 2703 Martin Luther King Jr. Avenue SE.,
Washington, DC 20593-7213.
(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 docket open for inspection.
[CGD 95-057, 60 FR 34148, June 30, 1995, as amended by USCG-2003-15404,
68 FR 37740, June 25, 2003; USCG-2008-0179, 73 FR 35001, June 19, 2008;
USCG-2014-0410, 79 FR 38427, July 7, 2014]
Sec. 1.05-25 Public docket.
(a) A public docket is maintained electronically for each petition
for rulemaking and each Coast Guard rulemaking project and notice
published in the Federal Register. Each docket contains copies of every
rulemaking document published for the project, public comments received,
summaries of public meetings or hearings, regulatory assessments, and
other publicly-available information. Members of the public may inspect
the public docket and copy any documents in the docket. Public dockets
for Coast Guard rulemakings are available electronically at http://
www.regulations.gov. To access a rulemaking, enter the docket number
associated with rulemaking in the ``Search'' box and click ``Go
.'' These documents are also kept at a
[[Page 15]]
Docket Management Facility maintained by the Department of
Transportation, West Building, room W12-140, 1200 New Jersey Avenue,
SE., Washington, DC 20590.
(b) The public dockets for Coast Guard rulemaking activity initiated
by Coast Guard District Commanders are available for public inspection
at the appropriate Coast Guard District office or online at http://
www.regulations.gov. Paragraph (a) of this section describes how to
access and view these documents.
(c) The public dockets for Coast Guard rulemaking activity initiated
by Captains of the Port are available for inspection at the appropriate
Captains of the Port Office or online at http://www.regulations.gov.
Paragraph (a) of this section describes how to access and view these
documents.
[USCG-2008-0179, 73 FR 35001, June 19, 2008]
Sec. 1.05-30 Advance notice of proposed rulemaking (ANPRM).
An advance notice of proposed rulemaking may be used to alert 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.
[[Page 16]]
(b) A direct final rule will be published in the Federal Register
with an effective date that is generally at least 90 days after the date
of publication.
(c) The public will usually be given at least 60 days from the date
of publication in which to submit comments or notice of intent to submit
comments.
(d) If no adverse comment or notice of intent to submit an adverse
comment is received within the specified period, the Coast Guard will
publish a notice in the Federal Register to confirm that the rule will
go into effect as scheduled.
(e) If the Coast Guard receives a written adverse comment or a
written notice of intent to submit an adverse comment, the Coast Guard
will publish a notice in the final rule section of the Federal Register
to announce withdrawal of the direct final rule. If an adverse comment
clearly applies to only part of a rule, and it is possible to remove
that part without affecting the remaining portions, the Coast Guard may
adopt as final those parts of the rule on which no adverse comment was
received. Any part of a rule that is the subject of an adverse comment
will be withdrawn. If the Coast Guard decides to proceed with a
rulemaking following receipt of an adverse comment, a separate Notice of
Proposed Rulemaking (NPRM) will be published unless an exception to the
Administrative Procedure Act requirements for notice and comment
applies.
(f) A comment is considered adverse if the comment explains why the
rule would be inappropriate, including a challenge to the rule's
underlying premise or approach, or would be ineffective or unacceptable
without a change.
[CGD 94-105, 60 FR 49224, Sept. 22, 1995]
Sec. 1.05-60 Negotiated rulemaking.
(a) The Coast Guard may establish a negotiated rulemaking committee
under the Negotiated Rulemaking Act of 1990 and the Federal Advisory
Committee Act (FACA) (5 U.S.C. App. 2) when it is in the public
interest.
(b) Generally, the Coast Guard will consider negotiated rulemaking
when:
(1) There is a need for a rule;
(2) There are a limited number of representatives for identifiable
parties affected by the rule;
(3) There is a reasonable chance that balanced representation can be
reached in the negotiated rulemaking committee and that the committee
members will negotiate in good faith;
(4) There is a likelihood of a committee consensus in a fixed time
period;
(5) The negotiated rulemaking process will not unreasonably delay
the rule;
(6) The Coast Guard has resources to do negotiated rulemaking; and
(7) The Coast Guard can use the consensus of the committee in
formulating the NPRM and final rule.
Subpart 1.07_Enforcement; Civil and Criminal Penalty Proceedings
Authority: 14 U.S.C. 633; 14 U.S.C. 92(e); 33 U.S.C. 1321(b)(6)(B);
46 U.S.C. 2103; Department of Homeland Security Delegation 0701.1.
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
[[Page 17]]
or other association, or a governmental entity.
[CGD 93-079, 59 FR 16560, Apr. 7, 1994]
Sec. 1.07-10 Reporting and investigation.
(a) Any person may report an apparent violation of any law,
regulation, or order that is enforced by the Coast Guard to any Coast
Guard facility. When a report of an apparent violation has been
received, or when an apparent violation has been detected by any Coast
Guard personnel, the matter is investigated or evaluated by Coast Guard
personnel. Once an apparent violation has been investigated or
evaluated, a report of the investigation may be sent to the District
Commander or other designated official in accordance with paragraph (b)
of this section or a Notice of Violation under Sec. 1.07-11 may be
given to the party by an issuing officer.
(b) Reports of any investigation conducted by the Coast Guard or
received from any other agency which indicate that a violation may have
occurred may be forwarded to a District Commander or other designated
official for further action. This is normally the District Commander of
the District in which the violation is believed to have occurred, or the
District in which the reporting unit or agency is found. The report is
reviewed to determine if there is sufficient evidence to establish a
prima facie case. If there is insufficient evidence, the case is either
returned for further investigation or closed if further action is
unwarranted. The case is closed in situations in which the investigation
has established that a violation did not occur, the violator is unknown,
or there is little likelihood of discovering additional relevant facts.
If it is determined that a prima facie case does exist, a case file is
prepared and forwarded to the Hearing Officer, with a recommended
action. A record of any prior violations by the same person or entity,
is forwarded with the case file.
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by CGD 87-008a, 52 FR
17554, May 11, 1987; CGD 93-079, 59 FR 16560, Apr. 7, 1994; USCG-2000-
7223, 65 FR 40054, June 29, 2000]
Sec. 1.07-11 Notice of violation.
(a) After investigation and evaluation of an alleged violation has
been completed, an issuing officer may issue a Notice of Violation to
the party.
(b) The Notice of Violation will contain the following information:
(1) The alleged violation and the applicable law or regulations
violated;
(2) The amount of the maximum penalty that may be assessed for each
violation;
(3) The amount of proposed penalty that appears to be appropriate;
(4) A statement that payment of the proposed penalty within 45 days
will settle the case;
(5) The place to which, and the manner in which, payment is to be
made;
(6) A statement that the party may decline the Notice of Violation
and that if the Notice of Violation is declined, the party has the right
to a hearing prior to a final assessment of a penalty by a Hearing
Officer.
(7) A statement that failure to either pay the proposed penalty on
the Notice of Violation or decline the Notice of Violation and request a
hearing within 45 days will result in a finding of default and the Coast
Guard will proceed with the civil penalty in the amount recommended on
the Notice of Violation without processing the violation under the
procedures described in 33 CFR 1.07-10(b).
(c) The Notice of Violation may be hand delivered to the party or an
employee of the party, or may be mailed to the business address of the
party.
(d) If a party declines the Notice of Violation within 45 days, the
case file will be sent to the District Commander for processing under
the procedures described in 33 CFR 1.07-10(b).
(e) If a party pays the proposed penalty on the Notice of Violation
within 45 days, a finding of proved will be entered into the case file.
(f) If within 45 days of receipt a party--
(1) Fails to pay the proposed penalty on the Notice of Violation;
and
(2) Fails to decline the Notice of Violation--the Coast Guard will
enter a finding of default in the case file and proceed with the civil
penalty in the amount recommended on the Notice of
[[Page 18]]
Violation without processing the violation under the procedures
described in 33 CFR 1.07-10(b).
[CGD 93-079, 59 FR 66482, Dec. 27, 1994, as amended by USCG-2001-9175,
67 FR 38388, June 4, 2002]
Sec. 1.07-15 Hearing Officer.
(a) The Hearing Officer has no other responsibility, direct or
supervisory, for the investigation of cases referred for the assessment
of civil penalties. The hearing officer may take action on a case
referred by any District Commander.
(b) The Hearing Officer decides each case on the basis of the
evidence before him, and must have no prior connection with the case.
The Hearing Officer is solely responsible for the decision in each case
referred to him.
(c) The Hearing Officer is authorized to administer oaths and issue
subpoenas necessary to the conduct of a hearing, to the extent provided
by law.
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by CGD 87-008a, 52 FR
17554, May 11, 1987; USCG-2002-12471, 67 FR 41331, June 18, 2002]
Sec. 1.07-20 Initiation of action.
(a) When a case is received for action, the Hearing Officer makes a
preliminary examination of the material submitted. If, on the basis of
the preliminary examination, the Hearing Officer determines that there
is insufficient evidence to proceed, or that there is any other reason
which would make penalty action inappropriate, the Hearing Officer
returns the case to the District Commander with a written statement of
the reason. The District Commander may close the case or cause a further
investigation of the alleged violation to be made with a view toward
resubmittal of the case to the Hearing Officer.
(b) If on the basis of the preliminary examination of the case file,
the Hearing Officer determines that a violation appears to have been
committed, the Hearing Officer notifies the party in writing of:
(1) The alleged violation and the applicable law or regulations;
(2) The amount of the maximum penalty that may be assessed for each
violation;
(3) The general nature of the procedure for assessing and collecting
the penalty;
(4) The amount of penalty that appears to be appropriate, based on
the material then available to the Hearing Officer;
(5) The right to examine all materials in the case file and have a
copy of all written documents provided upon request; and,
(6) The fact that the party may demand a hearing prior to any actual
assessment of a penalty.
(c) If at any time it appears that the addition of another party to
the proceedings is necessary or desirable, the Hearing Officer provides
the additional party with notice as described above.
Sec. 1.07-25 Preliminary matters.
(a) Within 30 days after receipt of notice of the initiation of the
action, as described above, the party, or counsel for the party, may
request a hearing, provide any written evidence and arguments in lieu of
a hearing, or pay the amount specified in the notice as being
appropriate. A hearing must be requested in writing; the request must
specify the issues which are in dispute. Failure to specify a
nonjurisdictional issue will preclude its consideration.
(b) The right to a hearing is waived if the party does not submit
the request to the Hearing Officer within 30 days after receiving notice
of the alleged 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]
[[Page 19]]
Sec. 1.07-30 Disclosure of evidence.
The alleged violator may, upon request, receive a free copy of all
the written evidence in the case file, except material that would
disclose or lead to the disclosure of the identity of a confidential
informant. Other evidence or material, such as blueprints, sound or
video tapes, oil samples, and photographs may be examined in the Hearing
Officer's offices. The Hearing Officer may provide for examination or
testing of evidence at other locations if there are adequate safeguards
to prevent loss or tampering.
Sec. 1.07-35 Request for confidential treatment.
(a) In addition to information treated as confidential under Sec.
1.07-30, a request for confidential treatment of a document or portion
thereof may be made by the person supplying the information on the basis
that the information is:
(1) Confidential financial information, trade secrets, or other
material exempt from disclosure by the Freedom of Information Act (5
U.S.C. 552);
(2) Required to be held in confidence by 18 U.S.C. 1905; or
(3) Otherwise exempt by law from disclosure.
(b) The person desiring confidential treatment must submit the
request to the Hearing Officer in writing and state the reasons
justifying nondisclosure. Failure to make a timely request may result in
a document being considered as nonconfidential and subject to release.
(c) Confidential material is not considered by the Hearing Officer
in reaching a decision unless:
(1) It has been furnished by a party, or
(2) It has been furnished pursuant to a subpoena.
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by USCG-2002-12471,
67 FR 41331, June 18, 2002]
Sec. 1.07-40 Counsel.
A party has the right to be represented at all stages of the
proceeding by counsel. After receiving notification that a party is
represented by counsel, the Hearing Officer directs all further
communications to that counsel.
Sec. 1.07-45 Location of hearings and change of venue.
(a) The hearing is normally held at the office of the Hearing
Officer.
(b) The Hearing Officer may transfer a case to another Hearing
Officer on request or on the Hearing Officer's own motion.
(c) A request for change of location of a hearing or transfer to
another Hearing Officer must be in writing and state the reasons why the
requested action is necessary or desirable. Action on the request is at
the discretion of the Hearing Officer.
[CGD 87-008a, 52 FR 17554, May 11, 1987]
Sec. 1.07-50 Witnesses.
A party may present the testimony of any witness either through a
personal appearance or through a written statement. The party may
request the assistance of the Hearing Officer in obtaining the personal
appearance of a witness. The request must be in writing and state the
reasons why a written statement would be inadequate, the issue or issues
to which the testimony would be relevant, and the substance of the
expected testimony. If the Hearing Officer determines that the personal
appearance of the witness may materially aid in the decision on the
case, the Hearing Officer seeks to obtain the witness' appearance.
Because many statutes prescribing civil penalties do not provide
subpoena power, there may be cases where a witness cannot be required to
attend. In such a case, the Hearing Officer may move the hearing to the
witness' location, accept a written statement, or accept a stipulation
in lieu of testimony. If none of these procedures is practical, the
Hearing Officer shall proceed on the basis of the evidence before him.
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by USCG-2002-12471,
67 FR 41331, June 18, 2002]
Sec. 1.07-55 Hearing procedures.
(a) The Hearing Officer must conduct a fair and impartial proceeding
in which the party is given a full opportunity to be heard. At the
outset of the
[[Page 20]]
hearing, the Hearing Officer insures that the party is aware of the
nature of the proceeding and of the alleged violation, and of the
provisions of the law or regulation allegedly violated.
(b) The material in the case file pertinent to the issues to be
determined by the Hearing Officer is presented. The party has the right
to examine, and to respond to or rebut, this material. The party may
offer any facts, statements, explanations, documents, sworn or unsworn
testimony, or other exculpatory items which bear on appropriate issues,
or which may be relevant to the size of an appropriate penalty. The
Hearing Officer may require the authentication of any written exhibit or
statement.
(c) At the close of the party's presentation of evidence, the
Hearing Officer may allow the introduction of rebuttal evidence. The
Hearing Officer may allow the party to respond to any such evidence
submitted.
(d) In receiving evidence, the Hearing Officer is not bound by
strict rules of evidence. In evaluating the evidence presented, the
Hearing Officer must give due consideration to the reliability and
relevance of each item of evidence.
(e) The Hearing Officer may take notice of matters which are subject
to a high degree of indisputability and are commonly known in the
community or are ascertainable from readily available sources of known
accuracy. Prior to taking notice of a matter, the Hearing Officer gives
the party an opportunity to show why notice should not be taken. In any
case in which notice is taken, the Hearing Officer places a written
statement of the matters as to which notice was taken in the record,
with the basis for such notice, including a statement that the party
consented to notice being taken or a summary of the party's objections.
(f) After the evidence in the case has been presented, the party may
present argument on the issues in the case. The party may also request
an opportunity to submit a written statement for consideration by the
Hearing Officer and for further review. The Hearing Officer shall allow
a reasonable time for submission of the statement and shall specify the
date by which it must be received. If the statement is not received
within the time prescribed, or within the limits of any extension of
time granted by the Hearing Officer, the Hearing Officer renders his
decision in the case.
Sec. 1.07-60 Records.
(a) A verbatim transcript will not normally be prepared. The Hearing
Officer prepares notes on the material and points raised by the party,
in sufficient detail to permit a full and fair review and resolution of
the case, should it be appealed.
(b) A party may, at its own expense, cause a verbatim transcript to
be made. If a verbatim transcript is made, the party shall submit two
copies to the Hearing Officer not later than the time of filing an
administrative appeal. The Hearing Officer includes them in the record.
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by USCG-2002-12471,
67 FR 41331, June 18, 2002]
Sec. 1.07-65 Hearing Officer's decisions.
(a) The Hearing Officer issues a written decision. Any decision to
assess a penalty is based upon substantial evidence in the record. If
the Hearing Officer finds that there is not substantial evidence in the
record establishing the alleged violation or some other violation of
which the party had full and fair notice, the Hearing Officer shall
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]
[[Page 21]]
Sec. 1.07-70 Right to appeal.
(a) Any appeal from the decision of the Hearing Officer must be
submitted by a party within 30 days from the date of receipt of the
decision. The appeal and any supporting brief must be submitted to the
Hearing Officer. The only issues which will be considered on appeal are
those issues specified in the appeal which were properly raised before
the Hearing Officer and jurisdictional questions.
(b) The failure to file an appeal within the prescribed time limit
results in the action of the Hearing Officer becoming the final agency
action in the case.
Sec. 1.07-75 Action on appeals.
(a) Upon receipt, the Hearing Officer provides a copy of the appeal
and any supporting brief to the District Commander who referred the
case. Any comments which the District Commander desires to submit must
be received by the Hearing Officer within 30 days. The Hearing Officer
includes the District Commander's comments, or not later than 30 days
after receipt of the appeal if no comments are submitted by the District
Commander, the Hearing Officer forwards all materials in the case to the
Commandant.
(b) The Commandant issues a written decision in each case and
furnishes copies to the party, the District Commander, and the Hearing
Officer, The Commandant may affirm, reverse, or modify the decision, or
remand the case for new or additional proceedings. In the absence of a
remand, the decision of the Commandant on appeal shall be final. In
addition to the actions which may be taken by the Commandant on appeal,
the Commandant may also remit, mitigate or suspend the assessment in
whole or in part. Upon the taking of remission, mitigation, or
suspension action, the Commandant will inform the party of the action
and any conditions placed on the action.
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by CGD 87-008a, 52 FR
17555, May 11, 1987]
Sec. 1.07-80 Reopening of hearings.
(a) At any time prior to final agency action in a civil penalty
case, a party may petition to reopen the hearing on the basis of newly
discovered evidence.
(b) Petitions to reopen must be in writing describing the newly
found evidence and must state why the evidence would probably produce a
different result favorable to the petitioner, whether the evidence was
known to the petitioner at the time of the hearing and, if not, why the
newly found evidence could not have been discovered in the exercise of
due diligence. The party must submit the petition to the Hearing
Officer.
(c) The District Commander may file comments in opposition to the
petition. If comments are filed, a copy is provided the party.
(d) A petition to reopen is considered by the Hearing Officer unless
an appeal has been filed, in which case the petition is considered by
the Commandant.
(e) The decision on the petition is decided on the basis of the
record, the petition, and the comments in opposition, if any. The
petition is granted only when newly found evidence is described which
has a direct and material bearing on the issues and when a valid
explanation is provided as to why the evidence was not and could not
have been, in the exercise of due diligence, produced at the hearing.
The decision is rendered in writing.
(f) Following a denial of a petition to reopen, the party is given
30 days to file an appeal if one has not already 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
[[Page 22]]
timely payment will result in the institution of appropriate action
under the Federal Claims Collection Act and the regulations issued
thereunder.
(c) When a penalty of not more than $200 has been assessed under
Chapter 43 or 123 of Title 46 U.S.C., the matter may be referred for
collection of the penalty directly to the Federal Magistrate of the
jurisdiction wherein the person liable may be found, for the institution
of collection procedures under supervision of the district court, if the
court has issued an order delegating such authority under section 636(b)
of Title 28, United States Code.
[CGD 87-008a, 52 FR 17555, May 11, 1987]
Sec. 1.07-90 Criminal penalties.
(a) Prosecution in the Federal courts for violations of those laws
or regulations enforced by the Coast Guard which provide, upon
conviction, for punishment by fine or imprisonment is a matter finally
determined by the Department of Justice. This final determination
consists of deciding whether and under what conditions to prosecute or
to abandon prosecution.
(b) Except in those cases where the approval of the Commandant is
required, the Area, Maintenance & Logistics Command (MLC), and District
Commanders are authorized to refer the case to the U.S. attorney. The
Commandant's approval is required in the following cases where evidence
of a criminal offense is disclosed:
(1) Marine casualties or accidents resulting in death.
(2) Marine Boards (46 CFR part 4).
(3) Violations of port security regulations (33 CFR parts 6, 121 to
126 inclusive).
(c) The Area, MLC, or District Commander will identify the laws or
regulations which were violated and make specific recommendations
concerning the proceedings to be instituted by the U.S. attorney in
every case.
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by USCG-2001-9286, 66
FR 33639, June 25, 2001]
Sec. 1.07-95 Civil and criminal penalties.
(a) If a violation of law or regulation carries both a civil and a
criminal penalty, the Area, MLC, and District Commanders are authorized
to determine whether to institute civil penalty proceedings or to refer
the case to the U.S. attorney for prosecution in accordance with Sec.
1.07-90.
(b) When the U.S. Attorney declines to institute criminal
proceedings, the Area, MLC, or District Commander decides whether to
initiate civil penalty proceedings or to close the case.
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by USCG-2001-9286, 66
FR 33639, June 25, 2001]
Sec. 1.07-100 Summons in lieu of seizure of commercial fishing
industry vessels.
(a) As used in this section, the following terms have the meanings
specified:
(1) Commercial fishing industry vessel means a fishing vessel, a
fish processing vessel, or a fish tender vessel as defined in 46 U.S.C.
2101 (11a), (11b), or (11c), respectively.
(2) Personal use quantity means a quantity of a controlled substance
as specified in 19 CFR 171.51.
(b) When a commercial fishing industry vessel is subject to seizure
for a violation of 21 U.S.C. 881(a)(4), (6), or (7); of 19 U.S.C.
1595a(a); or of 49 U.S.C. App. 782 and the violation involves the
possession of a personal use quantity of a controlled substance, the
vessel shall be issued a summons to appear as prescribed in subpart F of
19 CFR part 171 in lieu of seizure, provided that the vessel is:
(1) Proceeding to or from a fishing area or intermediate port of
call; or
(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
[[Page 23]]
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 or credentialed;
(2) The violation is a failure to have required safety equipment on
board; or
(3) The boarding officer notes three or more violations during one
boarding.
(c) Each district office maintains a record of each written warning
issued within that district for a period of not more than one year after
date of issue except in cases involving violations of 33 CFR part 159
marine sanitation devices, records of which are maintained by each
district office for not more than three years after date of issue.
(d) The district commander of the district in which the warning is
issued may rescind a written warning and institute civil penalty action
under Sec. 1.07-10 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; USCG-2006-25150, 71 FR 39208, July 12, 2006; USCG-
2006-24371, 74 FR 11211, Mar. 16, 2009]
[[Page 24]]
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 Commandant
(CG-61), Attn: Office of Information Management, U.S. Coast Guard Stop
7710, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7710.
(b) Each person desiring to inspect a record or document covered by
this subpart that is located in a Coast Guard district, or to obtain a
copy of such a record or document, must make a written request to the
district commander in command of the district, or to the officer-in-
charge of the appropriate marine inspection zone. Coast Guard districts
and marine inspection zones are listed in part 3 of this chapter.
(c) If the person making the request does not know where in the
Coast Guard the record or document is located, he may send his request
to the Chief, Office of Information Management (CG-61), 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; USCG-2014-0410, 79 FR 38427, July 7, 2014]
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 Judge Advocate General and Chief Counsel, U.S. Coast Guard (CG-
094), to the Chief, Office of Claims and Litigation (CG-0945). 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 Judge
Advocate General and Chief Counsel or the Deputy Judge Advocate General
and Deputy Chief Counsel of the Coast Guard (CG-094)
[[Page 25]]
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.
Source: CGFR 67-13, 32 FR 11211, Aug. 2, 1967, unless otherwise
noted.
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 merchant
mariner credentials, merchant mariner documents, licenses or
certificates.
(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.
[CGFR 67-13, 32 FR 11211, Aug. 2, 1967, as amended by USCG-2006-24371,
74 FR 11211, Mar. 16, 2009]
Sec. 1.25-30 Exceptions.
(a) The general policies and instructions of the Bureau of the
Budget specify when certain services as specifically described in this
subpart will be furnished without charge.
(b) The fees and charges prescribed in this subpart are not
applicable when requested by, or furnished to, the following persons, or
under the following circumstances:
(1) A person who donated the original document.
(2) A person who has an official, voluntary or cooperative
relationship to the Coast Guard in rendering services promoting safety
of life and property.
(3) Any agency, corporation or branch of the Federal Government.
(4) A person found guilty by an administrative law judge receives
one copy of the transcript of the hearing if he:
(i) Files a notice of appeal, under 46 CFR 5.30-1; and
(ii) Requests a copy of the transcript.
(5) A person who has been required to furnish personal documents
retained by the Coast Guard.
(6) For other exceptions see 49 CFR 7.97.
(31 U.S.C. 483a; 49 U.S.C. 1655(b)(1); 49 CFR 1.46(b))
[CGFR 67-13, 32 FR 11211, Aug. 2, 1967, as amended by CGD 76-124, 42 FR
23507, May 9, 1977]
Sec. 1.25-40 Fees for services for the public.
The fees for services performed for the public, as prescribed in
sections 552(a) (2) and (3) of title 5, United States Code, by the
Department of Transportation are in subpart I of title 49, Code of
Federal Regulations. The fee schedule for these services is contained in
49 CFR 7.95. The applicable fees are imposed and collected by the Coast
Guard as prescribed in 49 CFR 7.93.
(Title V, 65 Stat. 268, 290; sec. 6(b)(1), 80 Stat. 937; 31 U.S.C. 483a;
49 U.S.C. 1655(b)(1); 49 CFR 1.46(b))
[CGD 72-62R, 37 FR 20166, Sept. 27, 1972; 37 FR 21481, Oct. 12, 1972, as
amended by 40 FR 23743, June 2, 1975; CGD 77-065, 42 FR 31169, June 20,
1977; CGD 89-085, 55 FR 23930, June 13, 1990; CGD 91-002, 58 FR 15236,
Mar. 19, 1993]
Sec. 1.25-45 Special admeasurement services.
If an admeasurer is assigned to measure or certify the tonnage of a
vessel at the request of the owner thereof at a place other than a port
of entry, a custom station, or port where an officer-in-charge, marine
inspection, is located, the owner shall pay the admeasurer's:
[[Page 26]]
(a) Pay based on the hourly rate for the grade or level of position
held or the daily military compensation rate, as appropriate;
(b) Travel expense based on the estimated cost of travel from and
return to the nearest port of entry, customs station, or office of an
officer-in-charge, marine inspection; and
(c) Daily subsistence expense from the time he leaves his official
duty station until he returns thereto.
(Title V, 65 Stat. 268, 290; sec. 6(b)(1), 80 Stat. 937; 31 U.S.C. 483a;
49 U.S.C. 1655(b)(1); 49 CFR 1.46(b))
[CGD 72-62R, 37 FR 20166, Sept. 27, 1972]
Sec. 1.25-48 Oceanographic research.
(a) Each person allowed by the Coast Guard to join a Coast Guard
voyage for the purpose of oceanographic research is charged the cost of
each meal that he consumes while on board the Coast Guard vessel.
(b) The person, company, association, or government agency engaging
a Coast Guard vessel for an oceanographic research study is charged the
daily cost of operating the vessel.
(Title V, 65 Stat. 268, 290; sec. 6(b)(1), 80 Stat. 937; 31 U.S.C. 483a;
49 U.S.C. 1655(b)(1); 49 CFR 1.46(b))
[CGD 72-62R, 37 FR 20167, Sept. 27, 1972]
Sec. 1.25-80 Payment of fees, charges or sales.
(a) The payment of fees and charges must be made by postal money
order or check payable to the ``Treasurer of the United States'' or
``U.S. Coast Guard,'' and sent to the office of the Coast Guard
performing the service or furnishing or delivering the record, document,
or certificate. If copy is to be transmitted by registered, air, or
special delivery mail, postal fees therefor will be added to fees
provided in this subpart (or the order must include postage stamps or
stamped return envelopes).
(b) The fee is payable in advance.
[CGFR 67-13, 32 FR 11211, Aug. 2, 1967]
Subpart 1.26_Charges for Duplicate Medals, and Sales of Personal
Property, Equipment or Services and Rentals
Authority: 14 U.S.C. 633; 49 CFR 1.46(k).
Source: CGFR 67-13, 32 FR 11211, Aug. 2, 1967, unless otherwise
noted.
Sec. 1.26-1 Purpose.
(a) The regulations in this subpart establish charges which shall be
imposed by the Coast Guard when the Coast Guard sells supplies,
equipment, apparatus, temporary shelter, and services under certain
specified conditions as authorized by law.
(b) These sales are intended to permit repayment of costs involved
in those instances which are ordinarily outside the scope of those
distress services with which the Coast Guard is primarily concerned (14
U.S.C. 88), or the equipment and apparatus are not readily procurable in
the open market.
Sec. 1.26-5 Replacement of medals.
(a) A medal, or a bar, emblem, or insignia in lieu thereof, that is
lost, destroyed, or rendered unfit for use without fault or neglect on
the part of the person to whom it was awarded by the Coast Guard is
replaced without charge by the Coast Guard as authorized in 14 U.S.C.
501.
(b) A medal, a bar, emblem or insignia in lieu thereof, that is
lost, destroyed, or rendered unfit for use due to the fault or neglect
of the person to whom it was awarded, is replaced after the Coast Guard
is reimbursed for its cost. Current prices may be obtained from
Commander, Personnel Service Center (PSC-PSD-M&A), U.S. Coast Guard Stop
7200, 4200 Wilson Boulevard Suite 1100, Arlington, VA 20598-7200.
(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; USCG-
2014-0410, 79 FR 38427, July 7, 2014]
Sec. 1.26-10 Sales to Coast Guard Auxiliary.
(a) The provisions of Title 14, U.S. Code, section 891, authorizes
the Coast
[[Page 27]]
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 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
[[Page 28]]
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 (CG-
9), 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 (CG-9) 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 (CG-9), which will include an overhead charge not to exceed
25 percent of acquisition cost.
(e) Sales to and storage of non-Federal aircraft. (1) Activities
having the necessary supplies and facilities are authorized to furnish
fuel, oil, equipment, supplies, mechanical services, temporary storage,
or other assistance to any aircraft operated by State, municipal, or
private enterprise in emergency cases. Complete engines, airplane wings,
or other major items of equipment shall not be furnished without prior
authority from the Commandant.
(2) Aircraft damaged to the extent that major repairs are required
may be given emergency storage at the request of the pilot, provided the
necessary facilities are available. No such aircraft will be given a
major or minor overhaul. Damaged aircraft may be stored in its original
damaged condition. If aircraft requires extensive repairs, such as would
include the replacing of major parts and such major parts cannot be made
available or supplied within a reasonable length of time by the operator
of such aircraft, then the aircraft must be removed from the Coast Guard
reservation by the operator without delay.
(3) The Government will not assume any responsibility for any loss
or damage incurred by such aircraft while on a Coast Guard reservation
and the owner shall be required to remove the aircraft from the
reservation at the earliest practicable date.
(4) Storage charges for such aircraft on a Coast Guard reservation
shall be as follows:
(i) For the first 6 working days, no charge;
(ii) For each calendar day thereafter, $3 for a single motor plane
and $5 for a dual or multiengine plane.
(5) In the absence of any information to the contrary regarding a
particular item or material, the price at which the item is carried in
stock, or on the Plant Property Record (book price) will be regarded as
the fair market value.
(6) When materials or services or both materials and services are
furnished an aircraft, a deposit equal to the estimated value of such
services and materials as will be required shall be obtained in advance
of the rendition of the services and issuance of the materials.
(7) The charges for mechanical services rendered (other than in
connection with the arrival, refueling, and departure of airplanes)
shall be an hourly charge for labor, with a minimum of 1 hour, which
shall be the equivalent to the schedule of wage rates for civilian
[[Page 29]]
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 (CG-9) and as
approved by the Office of the Chief of Naval Operations. Reimbursable
aid transactions are diplomatic transactions and are negotiated
primarily between the respective foreign military attach[eacute] or
other representatives of their embassy in Washington, DC, and the Office
of the Chief of Naval Operations. Prices will be based on material cost
only and estimates will not include packing, crating, and handling or
transportation costs. Under reimbursable aid, transportation costs are
borne by the purchasing country and shipments are usually accomplished
on collect commercial bills of lading.
Sec. 1.26-25 Payment of charges.
(a) The payment of charges shall be by postal money order or check
payable to ``U.S. Coast Guard,'' and given or sent to the office of the
Coast Guard performing the service or furnishing the supplies,
equipment, etc.
PART 2_JURISDICTION--Table of Contents
Subpart A_General
Sec.
2.1 Purpose.
2.5 Specific definitions control.
Subpart B_Jurisdictional Terms
2.20 Territorial sea baseline.
2.22 Territorial sea.
2.24 Internal waters.
2.26 Inland waters.
2.28 Contiguous zone.
2.30 Exclusive Economic Zone.
2.32 High seas.
2.34 Waters subject to tidal influence; waters subject to the ebb and
flow of the tide; mean high water.
2.36 Navigable waters of the United States, navigable waters,
territorial waters.
2.38 Waters subject to the jurisdiction of the United States; waters
over which the United States has jurisdiction.
Subpart C_Availability of Jurisdictional Decisions
2.40 Maintenance of decisions.
2.45 Decisions subject to change or modification and availability of
lists and charts.
Authority: 14 U.S.C. 633; 33 U.S.C. 1222; Pub. L. 89-670, 80 Stat.
931, 49 U.S.C. 108; Pub. L. 107-296, 116 Stat. 2135, 2249, 6 U.S.C. 101
note and 468; Department of Homeland Security Delegation No. 0170.1.
Source: USCG-2001-9044, 68 FR 42598, July 18, 2003, unless otherwise
noted.
Subpart A_General
Sec. 2.1 Purpose.
(a) The purpose of this part is to define terms the Coast Guard uses
in regulations, policies, and procedures, to determine whether it has
jurisdiction on certain waters in cases where specific jurisdictional
definitions are not otherwise provided.
(b) Figure 2.1 is a visual aid to assist you in understanding this
part.
[[Page 30]]
[GRAPHIC] [TIFF OMITTED] TR18JY03.046
Sec. 2.5 Specific definitions control.
In cases where a particular statute, regulation, policy or procedure
provides a specific jurisdictional definition that differs from the
definitions contained in this part, the former definition controls.
Note to Sec. 2.5: For example, the definition of ``inland waters''
in the Inland Navigational Rules Act of 1980 (33 U.S.C. 2003(o)) would
control the interpretation of inland
[[Page 31]]
navigation rules created under that Act and the ``inland waters''
definition in 46 CFR 10.103 would control regulations in 46 CFR part 10.
Also, in various laws administered and enforced by the Coast Guard, the
terms ``State'' and ``United States'' are defined to include some or all
of the territories and possessions of the United States. The definitions
in Sec. Sec. 2.36 and 2.38 should be considered as supplementary to
these statutory definitions and not as interpretive of them.
Subpart B_Jurisdictional Terms
Sec. 2.20 Territorial sea baseline.
Territorial sea baseline means the line defining the shoreward
extent of the territorial sea of the United States drawn according to
the principles, as recognized by the United States, of the Convention on
the Territorial Sea and the Contiguous Zone, 15 U.S.T. 1606, and the
1982 United Nations Convention on the Law of the Sea (UNCLOS), 21 I.L.M.
1261. Normally, the territorial sea baseline is the mean low water line
along the coast of the United States.
Note to Sec. 2.20: Charts depicting the territorial sea baseline
are available for examination in accordance with Sec. 1.10-5 of this
chapter.
Sec. 2.22 Territorial sea.
(a) With respect to the United States, the following apply--
(1) Territorial sea means the waters, 12 nautical miles wide,
adjacent to the coast of the United States and seaward of the
territorial sea baseline, for--
(i) Statutes included within subtitle II and subtitle VI, title 46,
U.S.C.; the Ports and Waterways Safety Act, as amended (33 U.S.C. 1221-
1232); the Act of June 15, 1917, as amended (50 U.S.C. 191-195); and the
Vessel Bridge-to-Bridge Radiotelephone Act (33 U.S.C. 1201-1208), and
any regulations issued under the authority of these statutes.
(ii) Purposes of criminal jurisdiction pursuant to Title 18, United
States Code.
(iii) The special maritime and territorial jurisdiction as defined
in 18 U.S.C. 7.
(iv) Interpreting international law.
(v) Any other treaty, statute, or regulation, or amendment thereto,
interpreted by the Coast Guard as incorporating the definition of
territorial sea as being 12 nautical miles wide, adjacent to the coast
of the United States and seaward of the territorial sea baseline.
(2) Unless otherwise specified in paragraph (a)(1) of this section,
territorial sea means the waters, 3 nautical miles wide, adjacent to the
coast of the United States and seaward of the territorial sea baseline.
(3) In cases where regulations are promulgated under the authority
of statutes covered by both paragraphs (a)(1) and (a)(2) of this
section, the Coast Guard may use the definition of territorial sea in
paragraph (a)(1) of this section.
(b) With respect to any other nation, territorial sea means the
waters adjacent to its coast that have a width and baseline recognized
by the United States.
[USCG-2001-9044, 68 FR 42598, July 18, 2003, as amended by USCG-2003-
14792, 68 FR 60470, Oct. 22, 2003]
Sec. 2.24 Internal waters.
(a) With respect to the United States, internal waters means the
waters shoreward of the territorial sea baseline.
(b) With respect to any other nation, internal waters means the
waters shoreward of its territorial sea baseline, as recognized by the
United States.
Sec. 2.26 Inland waters.
Inland waters means the waters shoreward of the territorial sea
baseline.
Sec. 2.28 Contiguous zone.
(a) For the purposes of the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.), contiguous zone means the zone, 9 nautical miles
wide, adjacent to and seaward of the territorial sea, as defined in
Sec. 2.22(a)(2), that was declared to exist in Department of State
Public Notice 358 of June 1, 1972 and that extends from 3 nautical miles
to 12 nautical miles as measured from the territorial sea baseline.
(b) For all other purposes, contiguous zone means all waters within
the area adjacent to and seaward of the territorial sea, as defined in
Sec. 2.22(a), and extending to 24 nautical miles from the territorial
sea baseline, but in no case extending within the territorial sea of
[[Page 32]]
another nation, as declared in Presidential Proclamation 7219 of
September 2, 1999 (113 Stat. 2138).
Sec. 2.30 Exclusive Economic Zone.
(a) With respect to the United States, including the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam,
American Samoa, the United States Virgin Islands, and any other
territory or possession over which the United States exercises
sovereignty, exclusive economic zone means the zone seaward of and
adjacent to the territorial sea, as defined in Sec. 2.22(a), including
the contiguous zone, and extending 200 nautical miles from the
territorial sea baseline (except where otherwise limited by treaty or
other agreement recognized by the United States) in which the United
States has the sovereign rights and jurisdiction and all nations have
the high seas freedoms mentioned in Presidential Proclamation 5030 of
March 10, 1983.
(b) Under customary international law as reflected in Article 55 of
the 1982 United Nations Convention on the Law of the Sea, and with
respect to other nations, exclusive economic zone means the waters
seaward of and adjacent to the territorial sea, not extending beyond 200
nautical miles from the territorial sea baseline, as recognized by the
United States.
[USCG-2001-9044, 68 FR 42598, July 18, 2003, as amended by USCG-2012-
0306, 77 FR 37309, June 21, 2012]
Sec. 2.32 High seas.
(a) For purposes of special maritime and territorial jurisdiction of
the United States as defined in 18 U.S.C. 7, high seas means all waters
seaward of the territorial sea baseline.
(b) For the purposes of section 2 of the Act of February 19, 1895,
as amended (33 U.S.C. 151) and the Inland Navigational Rules Act of 1980
(33 U.S.C. Chapter 34), high seas means the waters seaward of any lines
established under these statutes, including the lines described in part
80 of this chapter and 46 CFR part 7.
(c) For the purposes of 14 U.S.C. 89(a), 14 U.S.C. 86, 33 U.S.C.
409, and 33 U.S.C. 1471 et seq., high seas includes the exclusive
economic zones of the United States and other nations, as well as those
waters that are seaward of territorial seas of the United States and
other nations.
(d) Under customary international law as reflected in the 1982
United Nations Convention on the Law of the Sea and without prejudice to
high seas freedoms that may be exercised within exclusive economic zones
pursuant to article 58 of the United Nations Convention on the Law of
the Sea, and unless the context clearly requires otherwise (e.g., The
International Convention Relating to Intervention on the High Seas in
Cases of Oil Pollution Casualties, 1969, including annexes thereto),
high seas means all waters that are not the exclusive economic zone (as
defined in Sec. 2.30), territorial sea (as defined in Sec. 2.22), or
internal waters of the United States or any other nation.
[USCG-2001-9044, 68 FR 42598, July 18, 2003, as amended by USCG-2007-
27887, 72 FR 45902, Aug. 16, 2007]
Sec. 2.34 Waters subject to tidal influence; waters subject to the
ebb and flow of the tide; mean high water.
(a) Waters subject to tidal influence and waters subject to the ebb
and flow of the tide are waters below mean high water. These terms do
not include waters above mean high water caused by flood flows, storms,
high winds, seismic waves, or other non-lunar phenomena.
(b) Mean high water is the average of the height of the diurnal high
water at a particular location measured over a lunar cycle of 19 years.
Sec. 2.36 Navigable waters of the United States, navigable waters,
and territorial waters.
(a) Except as provided in paragraph (b) of this section, navigable
waters of the United States, navigable waters, and territorial waters
mean, except where Congress has designated them not to be navigable
waters of the United States:
(1) Territorial seas of the United States;
(2) Internal waters of the United States that are subject to tidal
influence; and
(3) Internal waters of the United States not subject to tidal
influence that:
[[Page 33]]
(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, as highways for
substantial interstate or foreign commerce.
(b) Navigable waters of the United States and navigable waters, as
used in sections 311 and 312 of the Federal Water Pollution Control Act,
as amended, 33 U.S.C. 1321 and 1322, mean:
(1) Navigable waters of the United States as defined in paragraph
(a) of this section and all waters within the United States tributary
thereto; and
(2) Other waters over which the Federal Government may exercise
Constitutional authority.
Sec. 2.38 Waters subject to the jurisdiction of the United States;
waters over which the United States has jurisdiction.
Waters subject to the jurisdiction of the United States and waters
over which the United States has jurisdiction mean the following
waters--
(a) Navigable waters of the United States, as defined in Sec.
2.36(a).
(b) Waters, other than those under paragraph (a) of this section,
that are located on lands for which the United States has acquired title
or controls and--
(1) Has accepted jurisdiction according to 40 U.S.C. 255; or
(2) Has retained concurrent or exclusive jurisdiction from the date
that the State in which the lands are located entered the Union.
(c) Waters made subject to the jurisdiction of the United States by
operation of the international agreements and statutes relating to the
former Trust Territory of the Pacific Islands, and waters within the
territories and possessions of the United States.
Subpart C_Availability of Jurisdictional Decisions
Sec. 2.40 Maintenance of decisions.
(a) From time to time, the Coast Guard makes navigability
determinations of specific waterways, or portions thereof, in order to
determine its jurisdiction on those waterways. Copies of these
determinations are maintained by the District Commander in whose
district the waterway is located.
(b) If the district includes portions of the territorial sea, charts
reflecting Coast Guard decisions as to the location of the territorial
sea baseline for the purposes of Coast Guard jurisdiction are maintained
by the District Commander in whose district the portion of the
territorial sea is located.
Sec. 2.45 Decisions subject to change or modification and availability
of lists and charts.
The determinations referred to in Sec. 2.40 are subject to change
or modification. The determinations are made for Coast Guard use at the
request of Coast Guard officials. Determinations made or subsequently
changed are available to the public under Sec. 1.10-5(b) of this
chapter. Inquiries concerning whether a determination has been made for
specific waters, for the purposes of Coast Guard jurisdiction, should be
directed to the District Commander of the district in which the waters
are located.
PART 3_COAST GUARD AREAS, DISTRICTS, SECTORS, MARINE INSPECTION ZONES,
AND CAPTAIN OF THE PORT ZONES--Table of Contents
Subpart 3.01_General Provisions
Sec.
3.01-1 General description.
3.01-5 Assignment of functions.
Subpart 3.04_Coast Guard Areas
3.04-1 Atlantic Area.
3.04-3 Pacific Area.
Subpart 3.05_First Coast Guard District
3.05-1 First district.
3.05-10 Sector Boston Marine Inspection Zone and Captain of the Port
Zone.
[[Page 34]]
3.05-15 Sector Northern New England Marine Inspection Zone and Captain
of the Port Zone.
3.05-20 Sector Southeastern New England Marine Inspection Zone and
Captain of the Port Zone.
3.05-30 Sector New York Marine Inspection Zone and Captain of the Port
Zone.
3.05-35 Sector Long Island Sound Marine Inspection Zone and Captain of
the Port Zone.
Subpart 3.25_Fifth Coast Guard District
3.25-1 Fifth district.
3.25-05 Sector Delaware Bay Marine Inspection Zone and Captain of the
Port Zone.
3.25-10 Sector Hampton Roads Marine Inspection Zone and Captain of the
Port Zone.
3.25-15 Sector Maryland-National Capital Region Marine Inspection Zone
and Captain of the Port Zone.
3.25-20 Sector North Carolina Marine Inspection Zone and Captain of the
Port Zone.
Subpart 3.35_Seventh Coast Guard District
3.35-1 Seventh district.
3.35-10 Sector Miami Marine Inspection Zone and Captain of the Port
Zone.
3.35-15 Sector Charleston Marine Inspection Zone and Captain of the Port
Zone; Marine Safety Unit Savannah.
3.35-20 Sector Jacksonville Marine Inspection Zone and Captain of the
Port Zone.
3.35-25 Sector San Juan Marine Inspection Zone and Captain of the Port
Zone.
3.35-35 Sector St. Petersburg Marine Inspection Zone and Captain of the
Port Zone.
3.35-40 Sector Key West Marine Inspection Zone and Captain of the Port
Zone.
Subpart 3.40_Eighth Coast Guard District
3.40-1 Eighth district.
3.40-5 Eighth District Outer Continental Shelf Marine Inspection Zone.
3.40-10 Sector Mobile Marine Inspection Zone and Captain of the Port
Zone.
3.40-15 Sector New Orleans Marine Inspection Zone and Captain of the
Port Zone; Marine Safety Unit Morgan City.
3.40-28 Sector Houston-Galveston Marine Inspection Zone and Captain of
the Port Zone; Marine Safety Unit Port Arthur.
3.40-35 Sector Corpus Christi Marine Inspection Zone and Captain of the
Port Zone.
3.40-40 Sector Upper Mississippi River Marine Inspection Zone and
Captain of the Port Zone.
3.40-60 Sector Lower Mississippi River Marine Inspection Zone and
Captain of the Port Zone.
3.40-65 Sector Ohio Valley Marine Inspection Zone and Captain of the
Port Zone; Marine Safety Unit Pittsburgh.
Subpart 3.45_Ninth Coast Guard District
3.45-1 Ninth district.
3.45-10 Sector Buffalo Marine Inspection Zone and Captain of the Port
Zone.
3.45-15 Sector Lake Michigan Marine Inspection Zone and Captain of the
Port Zone.
3.45-20 Sector Detroit Marine Inspection Zone and Captain of the Port
Zone.
3.45-45 Sector Sault Ste. Marie Marine Inspection Zone and Captain of
the Port Zone; Marine Safety Unit Duluth.
Subpart 3.55_Eleventh Coast Guard District
3.55-1 Eleventh district.
3.55-10 Sector Los Angeles-Long Beach Marine Inspection Zone and Captain
of the Port Zone.
3.55-15 Sector San Diego Marine Inspection Zone and Captain of the Port
Zone.
3.55-20 Sector San Francisco: San Francisco Bay Marine Inspection Zone
and Captain of the Port Zone.
3.55-25 Sector Humboldt Bay Search and Rescue Mission Coordinator Zone.
Subpart 3.65_Thirteenth Coast Guard District
3.65-1 Thirteenth district.
3.65-10 Sector Puget Sound Marine Inspection Zone and Captain of the
Port Zone.
3.65-15 Sector Columbia River Marine Inspection Zone and Captain of the
Port Zone.
3.65-20 Sector North Bend Search and Rescue Mission Coordinator Zone.
Subpart 3.70_Fourteenth Coast Guard District
3.70-1 Fourteenth district.
3.70-10 Sector Honolulu Marine Inspection Zone and Captain of the Port
Zone.
3.70-15 Sector Guam Marine Inspection Zone and Captain of the Port Zone.
3.70-20 Activities Far East Marine Inspection Zone.
Subpart 3.85_Seventeenth Coast Guard District
3.85-1 Seventeenth district.
3.85-10 Sector Juneau: Southeast Alaska Marine Inspection Zone and
Captain of the Port Zones.
3.85-15 Sector Anchorage: Western Alaska Marine Inspection Zone and
Captain of the Port Zones; Marine Safety Unit Valdez: Prince
William Sound Marine Inspection and Captain of the Port Zones.
Authority: 14 U.S.C. 92 & 93; Pub. L. 107-296, 116 Stat. 2135;
Department of Homeland Security Delegation No. 0170.1, para. 2(23).
[[Page 35]]
Subpart 3.01_General Provisions
Sec. 3.01-1 General description.
(a) The Coast Guard's general organization for the performance 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 and Sector Offices to
provide regional direction and coordination. Area, District, and Sector
offices operate within defined geographical areas of the United States,
its territories, and possessions, including portions of the high seas
adjacent thereto. They are established by the Commandant and their areas
of responsibility are described in this part.
(b)(1) The two Coast Guard Areas are the Atlantic Area and the
Pacific Area. A Coast Guard Area Commander is in command of a Coast
Guard Area. The Atlantic Area Office is collocated with the Fifth Coast
Guard District Office. The Pacific Area Office is collocated with the
Eleventh Coast Guard District Office. Area Commanders are responsible
for determining when operational matters require the coordination of
forces and facilities of more than one district.
(2) For search and rescue (SAR) mission execution in the Atlantic
Area, Districts may execute SAR missions to the full extent of the
Area's Search and Rescue Region (SRR). Under this plan, Districts in the
Atlantic Area will assume SAR Coordinator responsibilities and will act
as SAR Mission Coordinator for any case prosecuted within their expanded
regions. The exact coordinates of Atlantic Area's SRR can be found in
the United States National Search and Rescue Supplement to the
International Aeronautical and Maritime Search and Rescue Manual.
(c) A Coast Guard District Commander is in command of a Coast Guard
District and the District Commander's office may be referred to as a
Coast Guard District Office. The District Commander's duties are
described in Sec. 1.01-1 of this subchapter.
(d)(1) A Coast Guard Sector Commander is in command of a Coast Guard
Sector and the Sector Commander's office is referred to as a Coast Guard
Sector Office. The Sector Commander is responsible for all Coast Guard
missions within the sector's area of responsibility. Unless otherwise
specified, the Sector Commander's authorities include Search and Rescue
Mission Coordinator, Federal Maritime Security Coordinator, Federal On-
Scene Coordinator, and, in most Sectors, Officer in Charge Marine
Inspection (OCMI) and Captain of the Port (COTP). In his or her
capacities as OCMI and COTP, the Sector Commander is responsible for a
Marine Inspection Zone and COTP Zone.
(2) In some Sectors, a Marine Safety Unit (MSU) retains OCMI and
COTP authority over a designated portion of the Sector's area of
responsibility. In such cases, OCMI and COTP authority is exercised by
the MSU Commander, not the Sector Commander. The appeal of a COTP order
or OCMI matter is routed from the MSU Commander through the Sector
Commander and then to the District Commander.
(3) Some specified sectors exercise Search and Rescue Mission
Coordinator (SMC) authority over a designated portion of an encompassing
sector's area of responsibility. In such cases, SMC authority is
exercised by the encompassed sector, not the encompassing sector. The
encompassing sector retains all other authorities (as listed in 33 CFR
3.01-1(d)(1)) over the designated area.
(e) An OCMI is in command of a Marine Inspection Zone and his or her
office may be referred to as a Coast Guard Marine Inspection Office. The
OCMI's duties are described in Sec. 1.01-20 of this subchapter.
(f) A COTP is in command of a COTP Zone and his or her office may be
referred to as a COTP Office. The COTP's duties are described in Sec.
1.01-30 of this subchapter.
(g) Each COTP Zone 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 COTP
Zone 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
[[Page 36]]
statute effective in the contiguous zone, as defined in Sec. 2.28 of
this subchapter. Each COTP 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, as defined in Sec. 2.30 of this
subchapter.
(h) Geographic descriptions used in this part are based upon
boundaries and points located using the WGS 1984 world grid system. When
referenced, the outermost extent of the U.S. EEZ is the line of
demarcation produced by the National Oceanic and Atmospheric
Administration (NOAA) using the NAD 1983 coordinate system and projected
to the WGS 1984 grid system. Both coordinate systems are geocentric and
similar such that they are Global Positioning System (GPS) compatible
throughout the area of concern. Resolution is based upon ddmmss readings
to tenths of a second. This corresponds to a positional precision of
about 2 meters. Decimal degrees to 5 decimal
places correspond to a positional precision of about 1 meter. State boundaries used to determine points for
descriptions of jurisdictional limits were based upon the National
Transportation Atlas Database 2003 produced by the Bureau of
Transportation Statistics. This data set was produced at a scale of
1:100,000 and theoretically results in a nationwide locational accuracy
of about 50 meters of true position.
[USCG-2006-25556, 72 FR 36318, July 2, 2007, as amended by USCG-2010-
0351, 75 FR 36277, June 25, 2010; USCG-2013-0397, 78 FR 39170, July 1,
2013]
Sec. 3.01-5 Assignment of functions.
Section 888 of Pub. L. 107-296, 116 Stat. 2135, authorizes the
Commandant of the Coast Guard to exercise certain functions, powers, and
duties vested in the Secretary of Homeland Security by law. The general
statements of policy in the rules describing Coast Guard organization
are prescribed pursuant to 5 U.S.C. 552 (80 Stat. 383, as amended) and
14 U.S.C. 633 (63 Stat. 545).
[CGFR 70-150, 36 FR 910, Jan. 20, 1971, as amended by USCG-2003-14505,
68 FR 9534, Feb. 28, 2003]
Subpart 3.04_Coast Guard Areas
Sec. 3.04-1 Atlantic Area.
(a) The Area Office is in Portsmouth, VA.
(b) The Atlantic Area is comprised of the land areas and U.S.
navigable waters of the First, Fifth, Seventh, Eighth and Ninth Coast
Guard Districts and the ocean areas lying east of a line extending from
the North Pole south along 95 deg. W. longitude to the North American
land mass; thence along the east coast of the North, Central, and South
American land mass to the intersection with 70 deg. W. longitude; thence
due south to the South Pole. These waters extend east to the Eastern
Hemisphere dividing line between the Atlantic and Pacific Areas which
lies along a line extending from the North Pole south along 100 deg. E.
longitude to the Asian land mass and along a line extending from the
South Pole north along 17 deg. E. longitude to the African land mass.
[CGFR 70-150, 36 FR 910, Jan. 20, 1971, as amended by CGD 87-008, 52 FR
13083, Apr. 21, 1987; CGD 96-025, 61 FR 29959, June 13, 1996]
Sec. 3.04-3 Pacific Area.
(a) The Area Office is in Alameda, CA.
(b) The Pacific Area is comprised of the land areas and the U.S.
navigable waters of the Eleventh, Thirteenth, Fourteenth, and
Seventeenth Coast Guard Districts and the ocean areas lying west of a
line extending from the North Pole south along 95 deg. W. longitude to
the North American land mass; thence along the west coast of the North,
Central, and South American land mass to the intersection with 70 deg.
W. longitude; thence due south to the South Pole. These waters extend
west to the Eastern Hemisphere dividing line between the Atlantic and
Pacific Areas which lies along a line extending from the North Pole
south along 100 deg. E. longitude to the Asian land mass and along a
line extending from the South Pole north along 17 deg. E. longitude to
the African land mass.
[CGFR 70-150, 36 FR 910, Jan. 20, 1971, as amended by CGD 87-008, 52 FR
13084, Apr. 21, 1987; CGD 96-025, 61 FR 29959, June 13, 1996]
[[Page 37]]
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 Sector Boston Marine Inspection Zone and Captain of
the Port Zone.
Sector Boston's office is located in Boston, MA. The boundaries of
Sector Boston's Marine Inspection Zone and Captain of the Port Zone
start at the boundary of the Massachusetts-New Hampshire coasts at
latitude 42 deg.5220" N, long 70 deg.4902" W; thence proceeding east
to the outermost extent of the EEZ at a point latitude 42 deg.5218" N,
longitude 67 deg.4353" W; thence southeast along the outermost extent
of the EEZ to a point at latitude 42 deg.0800" N, longitude
67 deg.0817" W; thence west to a point at latitude 42 deg.0800" N,
longitude 70 deg.1500" W; thence southwest to the Massachusetts coast
near Manomet Point at latitude 41 deg.5500" N, longitude 70 deg.3300"
W; thence northwest to latitude 42 deg.0400" N, longitude 71 deg.0600"
W; thence to the Massachusetts-Rhode Island boundary at a point latitude
42 deg.0108" N, longitude 71 deg.2253" W; thence west along the
southern boundary of Massachusetts, except the waters of Congamond
Lakes, to the Massachusetts-New York boundary at latitude 42 deg.0259"
N, longitude 73 deg.2949" W; thence north along the Massachusetts-New
York boundary to the Massachusetts-New York-Vermont boundaries at a
point latitude 42 deg.4445" N, longitude 73 deg.1554" W; thence east
along the entire extent of the northern Massachusetts boundary to the
point of origin.
[USCG-2006-25556, 72 FR 36319, July 2, 2007]
Sec. 3.05-15 Sector Northern New England Marine Inspection Zone
and Captain of the Port Zone.
Sector Northern New England's office is located in Portland, ME. The
boundaries of Sector Northern New England's Marine Inspection Zone and
Captain of the Port Zone start at the boundary of the Massachusetts-New
Hampshire coast at latitude 42 deg.5220" N, longitude 70 deg.4902" W;
thence proceeding east to the outermost extent of the EEZ at a point
latitude 42 deg.5218" N, longitude 67 deg.4353" W; thence proceeding
north along the outermost extent of the EEZ to the United States-
Canadian boundary; thence west along the United States-Canadian boundary
and along the outermost extent of the EEZ to a point at latitude
44 deg.5958" N, longitude 74 deg.3900" W; thence south to latitude
43 deg.3600" N, longitude 74 deg.3900" W; thence east through
Whitehall, NY, to the New York-Vermont border at latitude 43 deg.332.8"
N, longitude 73 deg.1501" W; thence south along the Vermont boundary to
the Massachusetts boundary at latitude 42 deg.4445" N, longitude
73 deg.1554" W; thence east along the entire extent of the northern
Massachusetts boundary to the point of origin.
[USCG-2006-25556, 72 FR 36319, July 2, 2007]
Sec. 3.05-20 Sector Southeastern New England Marine Inspection Zone
and Captain of the Port Zone.
Sector Southeastern New England's office is located in Wood's Hole,
MA. The boundaries of Sector Southeastern New England's Marine
Inspection Zone and Captain of the Port Zone start on the Massachusetts
coast at Manomet Point at latitude 41 deg.5500" N, longitude
[[Page 38]]
70 deg.3300" W; thence northeast to latitude 42 deg.0800" N, longitude
70 deg.1500" W; thence east to the outermost extent of the EEZ at
latitude 42 deg.0800" N, longitude 67 deg.0817" W; thence south along
the outermost extent of the EEZ to latitude 38 deg.2445" N, longitude
67 deg.4126" W; thence northwest to a point near Watch Hill Light, RI,
at latitude 41 deg.1814" N, longitude 71 deg.5130" W; thence northeast
to Westerly, RI, at latitude 41 deg.2100" N, longitude 71 deg.4830" W;
thence north to latitude 41 deg.2500" N, longitude 71 deg.4800" W;
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 the northeastern most corner
of Rhode Island; thence northeast to latitude 42 deg.0400" N, longitude
71 deg.0600" W; thence southeast to the point of origin.
[USCG-2006-25556, 72 FR 36319, July 2, 2007, as amended by USCG-2014-
0410, 79 FR 38427, July 7, 2014]
Sec. 3.05-30 Sector New York Marine Inspection Zone and Captain of
the Port Zone.
Sector New York's office is located in New York City, NY. The
boundaries of Sector New York's Marine Inspection Zone and Captain of
the Port Zone start near the south shore of Long Island at latitude
40 deg.3524" N, longitude 73 deg.4636" W proceeding southeast to a
point at latitude 38 deg.2800" N, longitude 70 deg.1100" W; thence
northwest to a point near the New Jersey coast at latitude 40 deg.1800"
N, longitude 73 deg.5840" W; thence west along latitude 40 deg.1800" N
to longitude 74 deg.3030" W; thence northwest to the intersection of
the New York-New Jersey-Pennsylvania boundaries near Tristate at
latitude 41 deg.2127" N, longitude 74 deg.4142" W; thence northwest
along the east bank of the Delaware River to latitude 42 deg.0000" N,
longitude 75 deg.2128" W; thence east to longitude 74 deg.3900" W;
thence north to latitude 43 deg.3600" N; thence east through Whitehall,
NY, to the New York-Vermont border at latitude 43 deg.3303" N,
longitude 73 deg.1501" W; thence south along the New York boundary to
latitude 41 deg.0130" N, longitude 73 deg.4000" W; thence south to a
point near the southern shore of Manursing Island at latitude
40 deg.5800" N, longitude 73 deg.4000" W; thence southeasterly to
latitude 40 deg.5230" N, longitude 73 deg.3712" W; thence south to
latitude 40 deg.4000" N, longitude 73 deg.4000" W; thence southwest to
the point of origin.
[USCG-2006-25556, 72 FR 36319, July 2, 2007]
Sec. 3.05-35 Sector Long Island Sound Marine Inspection Zone and
Captain of the Port Zone.
Sector Long Island Sound's office is located in New Haven, CT. The
boundaries of Sector Long Island Sound's Marine Inspection Zone and
Captain of the Port Zone start near the south shore of Long Island at
latitude 40 deg.3524" N, longitude 73 deg.4636" W proceeding northeast
to latitude 40 deg.4000" N, longitude 73 deg.4000" W; thence to
latitude 40 deg.5230" N, longitude 73 deg.3712" W; thence northwest to
a point near the southern shore of Manursing Island at latitude
40 deg.5800" N, longitude 73 deg.4000" W; thence north to the
Connecticut-New York boundary at latitude 41 deg.0130" N, longitude
73 deg.4000" W; thence north along the western boundary of Connecticut
to the Massachusetts-Connecticut boundary at latitude 42 deg.0259" N,
longitude 73 deg.2915" W; thence east along the southern boundary of
Massachusetts, including the waters of the Congamond Lakes, to the Rhode
Island boundary at latitude 42 deg.0029" N, longitude 71 deg.4757" W;
thence south along the Connecticut-Rhode Island boundary, excluding the
waters of Beach Pond, to latitude 41 deg.2400" N, longitude
71 deg.4800" W; thence south to latitude 41 deg.2100" N, longitude
71 deg.4830" W near Westerly, RI; thence southwest to a point near
Watch Hill Light, RI, at latitude 41 deg.1814" N, longitude
71 deg.5130" W; thence southeast to the outermost extent of the EEZ at
a point latitude 38 deg.2445" N, longitude 67 deg.4126" W; thence
southwest along the outermost extent of the EEZ to a point latitude
37 deg.5650" N, longitude 69 deg.1815" W; thence northwest to latitude
38 deg.2800" N, longitude 70 deg.1100" W; thence northwest to the
point of origin.
[USCG-2006-25556, 72 FR 36319, July 2, 2007]
[[Page 39]]
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 Sector Delaware Bay Marine Inspection Zone and Captain
of the Port Zone.
Sector Delaware Bay's office is located in Philadelphia, PA. The
boundaries of Sector Delaware Bay's Marine Inspection Zone and Captain
of the Port Zone start near the New Jersey coast at latitude
40 deg.1800" N, longitude 73 deg.5840" W, proceeding west to latitude
40 deg.1800" N, longitude 74 deg.3030" W, thence north-northwest to
the junction of the New York, New Jersey, and Pennsylvania boundaries
near Tristate at latitude 41 deg.2127" N, longitude 74 deg.4142" W;
thence northwest along the east bank of the Delaware River to latitude
42 deg.0000" N, longitude 75 deg.2128" W; thence west along the New
York-Pennsylvania boundary to latitude 42 deg.0000" N, longitude
78 deg.5458" W; thence south to latitude 41 deg.0000" N, longitude
78 deg.5458" W; thence west to latitude 41 deg.0000" N, longitude
79 deg.0000" W; thence south to the Pennsylvania-Maryland boundary at
latitude 39 deg.4322" N, longitude 79 deg.0000" W; thence east to the
intersection of the Maryland-Delaware boundary at latitude 39 deg.4322"
N, longitude 75 deg.4717" W; thence south along the Maryland-Delaware
boundary to latitude 38 deg.2737" N, longitude 75 deg.4135" W and east
along the Maryland-Delaware boundary to and including Fenwick Island
Light at latitude 38 deg.2703" N, longitude 75 deg.0255" W. The
offshore boundary starts at Fenwick Island Light and proceeds east to a
point at latitude 38 deg.2625" N, longitude 74 deg.2646" W; thence
southeast to latitude 37 deg.1914" N, longitude 72 deg.1313" W; thence
east to the outermost extent of the EEZ at latitude 37 deg.1914" N,
longitude 71 deg.0254" W; thence northeast along the outermost extent
of the EEZ to latitude 37 deg.5650" N, longitude 69 deg.1815" W;
thence northwest to latitude 38 deg.2800" N, longitude 70 deg.1100" W;
thence northwest to a point near the New Jersey coast at latitude
40 deg.1800" N, longitude 73 deg.5840" W.
[USCG-2006-25556, 72 FR 36320, July 2, 2007]
Sec. 3.25-10 Sector Hampton Roads Marine Inspection Zone and Captain
of the Port Zone.
Sector Hampton Roads' office is located in Portsmouth, VA. The
boundaries of Sector Hampton Roads' Marine Inspection and Captain of the
Port Zone start at a point on the Virginia-Maryland boundary at a point
38 deg. 0136" N latitude, 75 deg.1434" W longitude, thence south east
to a point 37 deg.1914" N latitude, 72 deg.1313" W longitude; thence
east to the outermost extent of the EEZ at a point 37 deg.1914" N
latitude, 71 deg.0254" W longitude; thence south along the outermost
extent of the EEZ
[[Page 40]]
to a point 36 deg.3300" N latitude, 71 deg.2934" W longitude; thence
west to the Virginia-North Carolina boundary at a point 36 deg.3300" N
latitude, 75 deg.5200" W longitude; thence west along the Virginia-
North Carolina boundary to the intersection of Virginia-North Carolina-
Tennessee at a point 36 deg.3517" N latitude, 81 deg.4038" W
longitude; thence north and west along the Virginia-Tennessee boundary
to the intersection of Virginia-Tennessee-Kentucky at a point
36 deg.3603" N latitude, 83 deg.4031" W longitude; thence northeast
along the Virginia State boundary to the intersection of the Virginia-
West Virginia State boundaries at a point 39 deg.0757" N latitude,
77 deg.4942" W longitude; thence southwest along the Loudoun County, VA
boundary to the intersection with Fauquier County, VA at a point
39 deg.0050" N latitude, 77 deg.5743" W longitude; thence east along
the Loudoun County, VA boundary to the intersection with Prince William
County, VA boundary at a point 38 deg.5633" N latitude, 77 deg.3918" W
longitude; thence south along the Prince William and Fauquier County VA
boundaries to the intersection of Fauquier, Prince William, and Stafford
County, VA at a point 38 deg.3324" N latitude, 77 deg.3154" W
longitude; thence east along the Prince William and Stafford County, VA
boundaries to the western bank of the Potomac River at a point
38 deg.3013" N latitude, 77 deg.1800" W longitude; thence south along
the Stafford County, VA boundary to a point 38 deg.2230" N latitude,
77 deg.1814" W longitude; thence south and east along the boundary
between the southern bank of the Potomac River and Stafford, King
George, Westmoreland, and Northumberland Counties in Virginia to a point
37 deg.5311" N latitude, 76 deg.1415" W longitude; thence east along
the Maryland-Virginia boundary as it proceeds across the Chesapeake Bay
and Delmarva Peninsula to the point of origin at 38 deg.0136" N
latitude, 75 deg.1434" W longitude.
[USCG-2013-0251, 78 FR 73440, Dec. 6, 2013]
Sec. 3.25-15 Sector Maryland-National Capital Region Marine Inspection
Zone and Captain of the Port Zone.
Sector Maryland-National Capital Region's office is located in
Baltimore, MD. The boundaries of Sector Maryland-National Capital
Region's Marine Inspection Zone and Captain of the Port Zone start at a
point 38 deg.0136" N latitude, 75 deg.1434" W longitude; thence south
east to a point 37 deg.1914" N latitude, 72 deg.1313" W longitude;
thence north west to a point at 38 deg.2625" N latitude, 74 deg.2646"
W longitude; thence west to the intersection of the Maryland-Delaware
boundary and the coast at a point 38 deg.2703" N latitude, 75 deg.02
55" W longitude; thence west to a point 38 deg.2715" N latitude,
75 deg.3000" W longitude on the Delaware-Maryland boundary; thence
proceeding along the Delaware-Maryland boundary west to a point at
38 deg.2737" N latitude, 75 deg.4135" W longitude; thence proceeding
north to the Maryland-Delaware-Pennsylvania boundary at a point
39 deg.4322" N latitude, 75 deg.4717" W longitude; thence west along
the Pennsylvania-Maryland boundary to the Pennsylvania-Maryland-West
Virginia boundary at a point 39 deg.4316" N latitude, 79 deg.2836" W
longitude; thence south and east along the Maryland-West Virginia
boundary to the intersection of the Maryland-Virginia-West Virginia
boundaries at a point 39 deg.1917" N latitude, 77 deg.4308" W
longitude; thence southwest along the Loudoun County, VA boundary to the
intersection with Fauquier County, VA at a point 39 deg.0050" N
latitude, 77 deg.5743" W longitude; thence east along the Loudoun
County, VA boundary to the intersection with Prince William County, VA
boundary at a point 38 deg.5633" N latitude, 77 deg.3918" W longitude;
thence south along the Prince William and Fauquier County VA boundaries
to the intersection of Fauquier, Prince William, and Stafford County, VA
at a point 38 deg.3324" N latitude, 77 deg.3154'' W longitude; thence
south east to a point 38 deg.2030'' N latitude, 77 deg.1814'' W
longitude; thence south and east along the boundary between the southern
bank of the Potomac River and Stafford, King George, Westmoreland, and
Northumberland Counties in Virginia to a point 37 deg.5311" N latitude,
76 deg.1415" W longitude; thence east along the Maryland-Virginia
boundary as it proceeds across the Chesapeake Bay and Delmarva Peninsula
to the point of origin
[[Page 41]]
at 38 deg.0136" N latitude, 75 deg.1434" W longitude.
[USCG-2013-0251, 78 FR 73440, Dec. 6, 2013, as amended by USCG-2016-
0060, 81 FR 38594, June 14, 2016]
Sec. 3.25-20 Sector North Carolina Marine Inspection Zone and Captain
of the Port Zone.
Sector North Carolina's office is located in Wilmington, NC. The
boundary of Sector North Carolina's Marine Inspection Zone and Captain
of the Port Zone starts at the sea on the North Carolina-Virginia border
at 36 deg 33.04 min N. latitude, 75 deg 52.05 min W. longitude, and
proceeds westerly along the North Carolina-Virginia boundary to the
Tennessee boundary; thence southwesterly along the North Carolina-
Tennessee boundary to the Georgia boundary and then to the South
Carolina boundary; thence easterly along the North Carolina-South
Carolina boundary on the sea at 33 deg 51.06 min N. latitude, 78 deg
32.46 min W. longitude. The offshore boundary starts at the North
Carolina-South Carolina border and proceeds southeasterly to the
outermost extent of the EEZ at 31 deg 42.1 min N. latitude, 74 deg 30.75
min W. longitude; thence northeasterly along the outermost extent of the
Exclusive Economic Zone to a point at 36 deg 32.99 min N. latitude, 71
deg 29.56 min W. longitude; thence west to the North Carolina-Virginia
border at a point 36 deg 33.04 min N. latitude, 75 deg 52.05 min W.
longitude.
[USCG-2011-0368, 76 FR 26605, May 9, 2011]
Subpart 3.35_Seventh Coast Guard District
Sec. 3.35-1 Seventh district.
(a) The District Office is in Miami, Fla.
(b) The Seventh Coast Guard District is comprised of the states of
South Carolina, Georgia and Florida, except for that part of Georgia and
Florida west of a line starting at the Florida coast at longitude
084 deg.0434" W. (30 deg. 0545" N., 084 deg.0434" W.) proceeding
northerly along the boundary between Wakulla and Jefferson counties to
position 30 deg.1500" N., 084 deg.0433" 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 the Jim Woodruff Reservoir; thence
along the east bank of the Jim Woodruff Reservoir and the east bank of
the Flint River up stream to Montezuma, GA, thence northwesterly to West
Point, GA. Also included is the Panama Canal Zone, all the island
possessions of the United States pertaining to Puerto Rico and the U.S.
Virgin Islands; and the U.S. Naval reservations in the islands of the
West Indies and on the north coast of South America. The ocean areas are
those portions of the western North Atlantic, Caribbean Sea, Gulf of
Mexico and the Straits of Florida areas encompassed by a line
originating at the state boundary between North Carolina and South
Carolina, and extending southeasterly through 30 deg.57 N., 73 deg.06
W. and 29 deg.00 N., 69 deg.19 W. to 12 deg.00 N., 43 deg.00 W.;
thence southwesterly to 10 deg.00 N., 48 deg.00 W.; thence westerly to
09 deg.20 N., 57 deg.00 W.; thence due west to the coastline of South
America; thence westerly and northerly along the north coast of South
America, and the eastern coasts of Central America and Mexico to the
Yucatan Peninsula at 21 deg.25 N., 87 deg.11 W.; thence along a line
019 deg. T to the intersection of longitude 83 deg.50 W. and the
western coastline of Florida (30 deg.00 N., 83 deg.50 W.).
[CGFR 61-40, 26 FR 10348, Nov. 3, 1961, as amended by CGFR 70-150, 36 FR
911, Jan. 20, 1971; USCG-1999-5832, 64 FR 34711, June 29, 1999; USCG-
2015-0433, 80 FR 44278, July 27, 2015]
Sec. 3.35-10 Sector Miami Marine Inspection Zone and Captain of
the Port Zone.
Sector Miami's office is located in Miami, FL. The boundaries of
Sector Miami's Marine Inspection Zone and Captain of the Port Zone start
at the outermost extent of the EEZ at latitude 28 deg.0000" N,
longitude 79 deg.2334" W, proceeding west to latitude 28 deg.0000" N,
longitude 81 deg.3000" W; thence south to the northern boundary of
Collier County, FL, at longitude 81 deg.3000" W; thence following along
the boundaries of Collier County east along the northern boundary to the
eastern boundary and then south along the eastern boundary to the
southern boundary of Collier
[[Page 42]]
County; thence south along the western boundary of Miami-Dade County to
the sea at latitude 25 deg.1036" N, longitude 80 deg.5129" W; thence
east along the southern boundary of Miami-Dade County to latitude
25 deg.2452" N, longitude 80 deg.1939" W; thence southeast to the
outermost extent of the EEZ at latitude 25 deg.1134" N, longitude
79 deg.4131" W; thence north along the outermost extent of the EEZ to
the point of origin.
[USCG-2006-25556, 72 FR 36321, July 2, 2007]
Sec. 3.35-15 Sector Charleston Marine Inspection Zone and Captain
of the Port Zone; Marine Safety Unit Savannah.
Sector Charleston's office is located in Charleston, SC. A
subordinate unit, Marine Safety Unit (MSU) Savannah, is located in
Savannah, GA.
(a) Sector Charleston's Marine Inspection Zone and Captain of the
Port Zone start at the intersection of the North Carolina-South Carolina
boundaries and the sea at latitude 33 deg.5104" N, longitude
78 deg.3228" W, proceeding west along the North Carolina-South Carolina
boundary to the intersection of the North Carolina-South Carolina-
Georgia boundaries; thence south along the South Carolina-Georgia
boundary to the intersection with the Federal dam at the southern end of
Hartwell Reservoir at latitude 34 deg.2130" N, longitude 82 deg.4915"
W; thence south along the eastern bank and then east along the northern
bank of the Savannah River to the sea at latitude 32 deg.0223" N,
longitude 80 deg.5306" W, near the eastern tip of Oyster Bed Island;
thence east on a line bearing 084 deg. T to latitude 32 deg.0300" N,
longitude 80 deg.4500" W; thence southeast on a line bearing 122 deg. T
to latitude 30 deg.5000" N, longitude 78 deg.3500" W; thence east to
the outermost extent of the EEZ at latitude 30 deg.5000" N, longitude
76 deg.0954" W; thence northeast along the outermost extent of the EEZ
to latitude 31 deg.4232" N, longitude 74 deg.2953" W; thence northwest
to the point of origin; and in addition, all the area described in
paragraph (b) of this section.
(b) The boundaries of the MSU Savannah Marine Inspection and Captain
of the Port Zones start near the eastern tip of Oyster Bed Island at
latitude 32 deg.0223" N, longitude 80 deg.5306" W, proceeding west
along the northern bank and then north 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,
at latitude 34 deg.2130" N, longitude 82 deg.4915" W; thence north
along the South Carolina-Georgia boundary to the intersection of the
North Carolina-South Carolina-Georgia boundaries; thence west along the
Georgia-North Carolina boundary and continuing west along the Georgia-
Tennessee boundary to the intersection of the Georgia-Tennessee-Alabama
boundaries; thence south along the Georgia-Alabama boundary to latitude
32 deg.5300" N; thence southeast to the eastern bank of the Flint River
at latitude 32 deg.2000" N; thence south along the eastern bank of the
Flint River and continuing south along the eastern shore of Seminole
Lake to latitude 30 deg.4557" N, longitude 84 deg.4500" W; thence
south along longitude 84 deg.4500" W to the Florida boundary; thence
east along the Florida-Georgia boundary to longitude 82 deg.1500" W;
thence north to latitude 30 deg.5000" N, longitude 82 deg.1500" W;
thence east to the outermost extent of the EEZ at latitude 30 deg.5000"
N, longitude 76 deg.0954" W; thence northwest to latitude 32 deg.0306"
N, longitude 80 deg.4500" W; thence southwest to the point of origin.
The boundary includes all the waters of the Savannah River including
adjacent waterfront facilities in South Carolina.
[USCG-2006-25556, 72 FR 36321, July 2, 2007]
Sec. 3.35-20 Sector Jacksonville Marine Inspection Zone and Captain
of the Port Zone.
Sector Jacksonville's office is located in Jacksonville, FL. The
boundaries of Sector Jacksonville's Marine Inspection Zone and Captain
of the Port Zone start at the outermost extent of the EEZ at latitude
30 deg.5000" N, longitude 76 deg.0954" W, proceeding west to latitude
30 deg.5000" N, longitude 82 deg.1500" W; thence south to the
intersection of the Florida-Georgia boundary at longitude 82 deg.1500"
W; thence west along the Florida-Georgia boundary to longitude
83 deg.0000" W; thence southeast to latitude 28 deg.0000" N,
[[Page 43]]
81 deg.3000" W; thence east to the outermost extent of the EEZ at
latitude 28 deg.0000" N, longitude 79 deg.2334" W; thence northeast
along the outermost extent of the EEZ to the point of origin.
[USCG-2006-25556, 72 FR 36322, July 2, 2007]
Sec. 3.35-25 Sector San Juan Marine Inspection Zone and Captain of
the Port Zone.
Sector San Juan's office is located in San Juan, PR. The boundaries
of Sector San Juan's Marine Inspection Zone and Captain of the Port Zone
comprise both the Commonwealth of Puerto Rico and the Territory of the
Virgin Islands, and the waters adjacent to both, in an area enclosed by
the outermost extents of the EEZ, subject to existing laws and
regulations.
[USCG-2006-25556, 72 FR 36322, July 2, 2007]
Sec. 3.35-35 Sector St. Petersburg Marine Inspection Zone and Captain
of the Port Zone.
Sector St. Petersburg's sector office is located in St. Petersburg,
FL. The boundaries of Sector St. Petersburg's Marine Inspection Zone and
Captain of the Port Zone start at the Florida coast at30 deg.0545" N.,
084 deg.0434" W., proceeding northerly along the boundary between
Wakulla and Jefferson counties to position 30 deg.1500" N.,
084 deg.0433" W.; thence west to latitude 30 deg.1500" N, longitude
84 deg.4500" W; thence north to the Florida-Georgia boundary at
longitude 84 deg.4500" W; thence east along the Florida-Georgia
boundary to longitude 83 deg.0000" W; thence southeast to latitude
28 deg.0000" N, longitude 81 deg.3000" W; thence south along
81 deg.3000" W to the northern boundary of Collier County, FL, and then
following along the boundaries of Collier County, east along the
northern boundary to the eastern boundary and then south along the
eastern boundary to the southern boundary and then west along the
southern boundary to latitude 25 deg.4812" N, longitude 81 deg.2039"
W; thence southwest to the outermost extent of the EEZ at latitude
24 deg.1857" N, longitude 84 deg.5048" W; thence west along the
outermost extent of the EEZ to latitude 24 deg.4813" N, longitude
85 deg.5005" W; thence northeast to position 29 deg.2309" N.,
084 deg.0434" W.; thence due north the point of origin.
[USCG-2006-25556, 72 FR 36322, July 2, 2007, as amended by USCG-2015-
0433, 80 FR 44278, July 27, 2015]
Sec. 3.35-40 Sector Key West Marine Inspection Zone and Captain
of the Port Zone.
Sector Key West's office is located in Key West, FL. The boundaries
of Sector Key West's Marine Inspection Zone and Captain of the Port Zone
start at the outermost extent of the EEZ at latitude 25 deg.1134" N,
longitude 79 deg.4131" W, proceeding northeast to the Miami-Dade
County, FL boundary at latitude 25 deg.2452" N, longitude 80 deg.1939"
W; thence west along the southern boundary of Miami-Dade County to the
western boundary at latitude 25 deg.1036" N, longitude 80 deg.5129" W;
thence north along the western boundary of Miami-Dade County to the
southern boundary of Collier County, FL; thence west along the southern
boundary of Collier County to latitude 25 deg.4812" N, longitude
81 deg.2039" W; thence southwest to the outermost extent of the EEZ at
latitude 24 deg.1857" N, longitude 84 deg.5048" W; thence east and
then north along the outermost extent of the EEZ to the point of origin.
[USCG-2006-25556, 72 FR 36322, July 2, 2007]
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
[[Page 44]]
line starting at the Florida coast at longitude 084 deg.0434" W.
(30 deg.0545" N., 084 deg.0434" W.) proceeding northerly along the
boundary between Wakulla and Jefferson counties to position
30 deg.1500" N., 084 deg.0433" W.; 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 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 proceeding due south from the intersection of the Florida
coast at longitude 084 deg.0434" W. (30 deg.1545" N., 084 deg.0434"
W.) to position 29 deg.2309" N., 084 deg.0434" W., then bearing
199 deg.T to the extent of the EEZ. [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; USCG-2015-
0433, 80 FR 44278, July 27, 2015]
Sec. 3.40-5 Eighth District Outer Continental Shelf Marine Inspection
Zone.
(a) A separate marine inspection zone, with an office located in New
Orleans, Louisiana, performs the OCMI functions defined in 33 CFR 1.01-
20 for all MODUs and fixed and floating OCS facilities, as those terms
are defined in 33 CFR 140.10, engaged in OCS activities wherever located
in the Eighth Coast Guard District.
(b) Notwithstanding the OCMI inspection authority held by Eighth
Coast Guard District Sector Commanders and Marine Safety Unit Commanders
in Sec. 3.01-1(d), the Chief, Outer Continental Shelf Division at the
Eighth Coast Guard District, shall serve as the Officer in Charge,
Marine Inspection, for this Marine Inspection Zone and shall be known as
the Eighth District Outer Continental Shelf Officer in Charge, Marine
Inspection. The District Commander resolves any conflict between the
functions of this marine inspection zone and any geographically based
marine inspection zones described in 33 CFR 3.40-10, 3.40-15, 3.40-28,
3.40-35, 3.40-40, 3.40-60, or 3.40.65.
[USCG-2013-0491, 80 FR 20162, Apr. 15, 2015]
Sec. 3.40-10 Sector Mobile Marine Inspection Zone and Captain of
the Port Zone.
Sector Mobile's office is located in Mobile, AL. Subject to the
overriding provisions of Sec. 3.40-5, the boundaries of Sector Mobile's
Marine Inspection Zone and Captain of the Port Zone start near the
Florida coast at latitude 30 deg.0545" N., 084 deg.0434" W. proceeding
northerly along the boundary between Wakulla and Jefferson counties to
position 30 deg.1500" N., 084 deg.0433" W.; thence west to latitude
30 deg.1500" N, longitude 84 deg.4500" W; thence north to a point near
the southern bank of the Seminole Lake at latitude 30 deg.4557" N,
longitude 84 deg.4500" W; thence northeast along the eastern bank of
the Seminole Lake and north along the eastern bank of the Flint River to
latitude 32 deg.2000" N, longitude 84 deg.0151" W; thence northwest to
the intersection of the Georgia-Alabama border at latitude 32 deg.5300"
N; thence north along the Georgia-Alabama border to the southern
boundary of Dekalb County, AL, thence west along the northern boundaries
of Cherokee, Etowah, Blount, Cullman, Winston, and Marion Counties, AL,
to the Mississippi-Alabama border; thence north along the Mississippi-
Alabama border to the southern boundary of Tishomingo County, MS, at the
Mississippi-Tennessee border; thence west along the southern boundaries
of Tishomingo and Prentiss Counties; thence north along the western
boundaries of Prentiss and Alcorn Counties; thence west along the
northern boundaries of Tippah, Benton, and Marshall Counties, MS; thence
south and west along the eastern and southern boundaries of DeSoto,
Tunica, Coahoma, Bolivar, and Washington Counties, MS; thence east along
the northern boundary of Humphreys and Holmes Counties, MS; thence south
along the eastern and southern boundaries of Holmes, Yazoo, Warren,
Claiborne, Jefferson, Adams, and Wilkinson Counties, MS; thence east
from the southernmost intersection of Wilkinson and Amite Counties, MS,
to the west bank of the Pearl River; thence south along the west bank of
the Pearl River to longitude 89 deg.3148" W (at the mouth of the
river); thence south along longitude 89 deg.3148" W to latitude
30 deg.1000" N;
[[Page 45]]
thence east along latitude 30 deg.1000" N to longitude 89 deg.1000" W;
thence southeast to latitude 29 deg.0000" N, longitude 88 deg.0000" W;
thence south along longitude 88 deg.0000" W to the outermost extent of
the EEZ; thence east along the outermost extent of the EEZ to the
intersection with a line bearing 199 deg.T from with a line bearing
199 deg.T from 29 deg.2309" N., 084 deg.0434" W. to the EEZ
(24 deg.4813" N., 085 deg.5005" W.); thence northeast to 29 deg.2309"
N., 084 deg.0434" W.''; thence due north to the Florida coast at
longitude 084 deg.0434" W. (30 deg.0545" N., 084 deg.0434" W.).
[USCG-2006-25556, 72 FR 36322, July 2, 2007, as amended by USCG-2013-
0491, 80 FR 20163, Apr. 15, 2015; USCG-2015-0433, 80 FR 44278, July 27,
2015]
Sec. 3.40-15 Sector New Orleans Marine Inspection Zone and Captain
of the Port Zone; Marine Safety Unit Houma.
Sector New Orleans' office is located in New Orleans, LA. A
subordinate unit, Marine Safety Unit (MSU) Houma, is located in Houma,
LA.
(a) Subject to the overriding provisions of Sec. 3.40-5, Sector New
Orleans' Marine Inspection Zone and Captain of the Port Zone starts at
latitude 30 deg.1000" N, longitude 89 deg.1000" W; thence west along
latitude 30 deg.1000" N to longitude 89 deg.3148" W; thence north
along longitude 89 deg.3148" W to the west bank of the Pearl River (at
the mouth of the river); thence north along the west bank of the Pearl
River to latitude 31 deg.0000" N; thence west along latitude
31 deg.0000" N to the east bank of the Mississippi River; thence south
along the east bank to mile 303.0, thence west to the west bank at mile
303.0; thence north to the southern boundary of the Old River Lock
Structure, thence west along the south bank of the Lower Old River, to
the intersection with the Red River; thence west along the south bank of
the Red River to Rapides Parish, thence south along the western
boundaries of Avoyelles, Evangeline, Acadia and Vermillion Parishes to
the intersection of the sea and longitude 92 deg.3700" W; thence south
along longitude 92 deg.3700" W to the outermost extent of the EEZ;
thence east along the outermost extent of the EEZ to longitude
88 deg.0000" W; thence north along longitude 88 deg.0000" W to
latitude 29 deg.0000" N; thence northwest to latitude 30 deg.1000" N,
longitude 89 deg.1000" W; and in addition, all the area described in
paragraph (b) of this section.
(b) The boundaries of the MSU Houma Marine Inspection and Captain of
the Port Zones start at latitude 28 deg.5000" N, longitude
88 deg.0000" W.; thence proceeds west to latitude 28 deg.5000" N.,
longitude 89 deg.2706" W.; thence northwest to latitude 29 deg.1800"
N, longitude 90 deg.0000" W; thence northwest along the northern
boundaries of Lafourche, Assumption, Iberia, and St. Martin Parishes,
Louisiana; thence northwest along the northern boundary of Lafayette and
Acadia Parishes, Louisiana; thence south along the west boundary of
Acadia and Vermillion Parishes, Louisiana to the Louisiana Coast at
longitude 92 deg.3700" W, thence south along longitude 92 deg.3700" W
to the outermost extent of the EEZ; thence east along the outermost
extent of the EEZ to longitude 88 deg.0000" W.; thence north to
latitude 28 deg.5000" N, longitude 88 deg.0000" W.
[USCG-2006-25556, 72 FR 36322, July 2, 2007, as amended by USCG-2013-
0491, 80 FR 20163, Apr. 15, 2015; USCG-2017-0436, 82 FR 27616, June 16,
2017]
Sec. 3.40-28 Sector Houston-Galveston Marine Inspection Zone and
Captain of the Port Zone; Marine Safety Unit Port Arthur.
Sector Houston-Galveston's office is located in Houston, TX. A
subordinate unit, Marine Safety Unit (MSU) Port Arthur, is located in
Port Arthur, TX.
(a) Subject to the overriding provisions of Sec. 3.40-5, Sector
Houston-Galveston's Marine Inspection Zone and Captain of the Port Zone
start near the intersection of the western boundary of Vermillion
Parish, LA, and the sea at latitude 29 deg.3445" N, longitude
92 deg.3700" W, proceeding north along the eastern and southern
boundaries of Cameron, Jefferson Davis, Allen, and Rapides Parishes, LA,
to the southern bank of the Red River; thence northwest along the south
bank of the Red River to the northern boundary of Red River Parish, LA;
thence west along the northern boundary of Red River Parish and DeSoto
Parish, LA, to the Louisiana-Texas border; thence north along the
[[Page 46]]
Louisiana-Texas border to the Texas-Arkansas border at the northern
boundary of Bowie County, TX; thence west along the Texas-Arkansas
border to the Texas-Oklahoma border; thence northwest along the Texas-
Oklahoma border to the southern shore of Lake Texoma in Grayson County,
TX; thence west along the northern shore of Lake Texoma to the Texas-
Oklahoma border; thence west along the Texas-Oklahoma border to the
Texas-New Mexico border, including all portions of the Red River; thence
south along the Texas-New Mexico border to the southern boundary of
Andrews County, TX; thence southeast along the western and southern
boundaries of Andrews, Midland, Glasscock, Sterling, Tom Green, Concho,
McCulloch, San Saba, Lampasas, Bell, Williamson, Lee, Washington, and
Austin Counties, TX to the intersection of Colorado County, Texas;
thence along the northern and eastern boundary of Colorado County to the
east bank of the Colorado River; thence south along the east bank of the
Colorado River to the sea; thence southeast along a line bearing
140 deg. T to the outermost extent of the EEZ at latitude 25 deg.5950"
N, longitude 93 deg.3221" W; thence east along the outermost extent of
the EEZ to latitude 26 deg.0327" N, longitude 92 deg.3700" W; thence
north along longitude 92 deg.3700" W to the Louisiana Coast; and in
addition, all the area described in paragraph (b) of this section.
(b) The boundaries of the MSU Port Arthur Marine Inspection and
Captain of the Port Zones start at the intersection of the sea and
longitude 92 deg.3700" W; thence north along the eastern and southern
boundaries of Cameron, Jefferson Davis, Allen, and Rapides Parishes,
Louisiana to the southern bank of the Red River; thence northwest along
the southern bank of the Red River to the northern boundary of Red River
Parish, Louisiana; thence west along the northern boundary of Red River
Parish and Desoto Parish, Louisiana to the Louisiana-Texas border;
thence north along the Louisiana-Texas border to the Texas-Arkansas
border at the northern boundary of Bowie County, Texas; thence north
along the Texas-Arkansas border to the Texas-Oklahoma border; thence
west along the Texas-Oklahoma border to the northwest-most boundary of
Fannin County, Texas, including all portions of the Red River; thence
south along the western and southern boundaries of Fannin, Hunt,
Kaufman, Henderson, Anderson, Houston, Trinity, Polk, Hardin, and
Jefferson Counties, Texas to the sea at longitude 94 deg.2500" W;
thence southeast to latitude 29 deg.0000" N, longitude 93 deg.4000" W;
thence southeast to latitude 27 deg.5000" N, longitude 93 deg.2400" W;
thence south along longitude 93 deg.2400" W to the outermost extent of
the EEZ; thence east along the outermost extent of the EEZ to longitude
92 deg.3700" W; thence north along longitude 92 deg.3700" W to the
Louisiana Coast.
[USCG-2006-25556, 72 FR 36323, July 2, 2007, as amended by USCG-2014-
0410, 79 FR 38427, July 7, 2014; USCG-2013-0491, 80 FR 20163, Apr. 15,
2015]
Sec. 3.40-35 Sector Corpus Christi Marine Inspection Zone and
Captain of the Port Zone.
Sector Corpus Christi's office is located in Corpus Christi, TX.
Subject to the overriding provisions of Sec. 3.40-5, the boundaries of
Sector Corpus Christi's Marine Inspection Zone and Captain of the Port
Zone start at the junction of the sea and the east bank of the Colorado
River at latitude 28 deg.3544" N, longitude 95 deg.5848" W, proceeding
north along the east bank of the Colorado River to Colorado County, TX;
thence southwest along the northern boundary of Wharton County, TX;
thence northwest along the eastern and northern boundaries of Colorado,
Fayette, Bastrop, Travis, Burnet, Llano, Mason, Menard, Schletcher,
Irion, Reagan, Upton, and Ector Counties, TX; thence west along the
northern boundary of Ector and Winkler Counties, TX, to the Texas-New
Mexico border; thence north along the New Mexico border to the New
Mexico-Colorado border; thence west along the New Mexico-Colorado border
to the intersection of New Mexico, Colorado, Utah, and Arizona borders;
thence south along the New Mexico-Arizona border to the United States-
Mexican border; thence southeast along the United States-Mexican border
to the outermost extent of the EEZ at latitude 25 deg.5722" N,
longitude
[[Page 47]]
97 deg.0820" W; thence east along the outermost extent of the EEZ to
latitude 25 deg.5950" N, longitude 93 deg.3221" W; thence northwest to
the point of origin.
[USCG-2006-25556, 72 FR 36323, July 2, 2007, as amended by USCG-2013-
0491, 80 FR 20163, Apr. 15, 2015]
Sec. 3.40-40 Sector Upper Mississippi River Marine Inspection Zone
and Captain of the Port Zone.
Sector Upper Mississippi River's office is located in St. Louis, MO.
Subject to the overriding provisions of Sec. 3.40-5, the boundaries of
Sector Upper Mississippi River's Marine Inspection Zone and Captain of
the Port Zone include all of Wyoming except for Sweetwater County; all
of North Dakota, South Dakota, Nebraska, Colorado, Kansas, and Iowa; all
of Missouri with the exception of Perry, Cape Girardeau, Scott,
Mississippi, New Madrid, Dunklin, and Pemiscot Counties; that part of
Minnesota south of latitude 46 deg.2000" N; that part of Wisconsin
south of latitude 46 deg.2000" N, and west of longitude 90 deg.0000"
W; that part of Illinois west of longitude 90 deg.0000" W and north of
latitude 41 deg.0000" N; that part of Illinois south of latitude
41 deg.0000" N, except for Jackson, Williamson, Saline, Gellatin,
Union, Johnson, Pope, Hardin, Alexander, Pulaski, and Massac Counties;
that part of the Upper Mississippi River above mile 109.9, including
both banks, and that part of the Illinois River below latitude
41 deg.0000" N.
[USCG-2006-25556, 72 FR 36324, July 2, 2007, as amended by USCG-2013-
0491, 80 FR 20163, Apr. 15, 2015]
Sec. 3.40-60 Sector Lower Mississippi River Marine Inspection Zone
and Captain of the Port Zone.
Sector Lower Mississippi River's office is located in Memphis, TN.
Subject to the overriding provisions of Sec. 3.40-5, the boundaries of
Sector Lower Mississippi River's Marine Inspection Zone and Captain of
the Port Zone include all of Arkansas and all of Oklahoma with the
exception of the Red River and Lake Texoma; in Missouri: Dunklin and
Pemiscot Counties. In Tennessee: Dyer, Lauderdale, Obion, Tipton, and
Shelby Counties, and all portions of Lake County with the exception of
the area north and west of a line drawn from Mississippi River at
latitude 36 deg.2000 N and longitude 89 deg.3230" W due east to
Highway 78 thence northeast along Highway 78 to the Kentucky-Tennessee
state line; in Mississippi: Desoto, Tunica, Coahoma, Bolivar,
Washington, Humphreys, Holmes, Sharkey, Yazoo, Issaquena, Warren,
Claiborne, Jefferson, Adams, and Wilkinson Counties; in Louisiana, all
the areas north of a line drawn from the east bank of the Mississippi
River at the Louisiana-Mississippi border, thence south along the east
bank to mile 303.0, thence west to the west bank at mile 303.0, thence
north to the southern boundary of the Old River Lock Structure, thence
west along the southern bank of the Lower Old River, to the intersection
with the Red River, thence west and northwest along the southern bank of
the Red River to the northern-most boundary of Red River Parish, thence
west along the northern boundary of Red River Parish and DeSoto Parish
to the Texas-Louisiana Border, including Lasalle, Caldwell, Caddo,
Bossier, Webster, Claiborne, Union, Morehouse, West Carroll, East
Carroll, Madison, Richland, Ouachita, Lincoln, Jackson, Bienville, Winn,
Grant, Franklin, Tensas, Catahoula, and Concordia Parishes; those parts
of Avoyelles, Natchitoches, Rapides, and Red River Parishes north of the
Red River, and that part of West Feliciana Parish north of the Lower Old
River; that part of the Lower Mississippi River below mile 869.0 and
above mile 303; and all of the Red River below the Arkansas-Oklahoma
border.
[USCG-2006-25556, 72 FR 36324, July 2, 2007, as amended by USCG-2013-
0491, 80 FR 20163, Apr. 15, 2015]
Sec. 3.40-65 Sector Ohio Valley Marine Inspection Zone and Captain
of the Port Zone; Marine Safety Unit Pittsburgh.
Sector Ohio Valley's office is located in Louisville, KY. A
subordinate unit, Marine Safety Unit (MSU) Pittsburgh, is located in
Pittsburgh, PA.
(a) Subject to the overriding provisions of Sec. 3.40-5, Sector
Ohio Valley's Marine Inspection Zone and Captain of the Port Zone
comprise all of Kentucky and West Virginia; in Missouri:
[[Page 48]]
Perry, Cape Girardeau, Scott, Mississippi and New Madrid Counties; in
Tennessee: that portion of Lake County north and west of a line drawn
from the Mississippi River at latitude 36 deg.2000" N and longitude
89 deg.3230" W due east to Highway 78, thence northeast along Highway
78 to the Kentucky-Tennessee state line, and all other counties in
Tennessee except Shelby, Tipton, Lauderdale, Dyer and Obion Counties; in
Alabama: Colbert, Franklin, Lawrence, Morgan, Marshall, Lauderdale,
Limestone, Madison, Jackson and DeKalb Counties; in Mississippi: Alcorn,
Prentiss and Tishomingo Counties; that portion of Pennsylvania south of
latitude 41 deg.0000" N and west of longitude 79 deg.0000" W; those
parts of Indiana and Ohio south of latitude 41 deg.0000" N; in
Illinois: Jackson, Williamson, Saline, Gallatin, Union, Johnson, Pope,
Hardin, Alexander, Pulaski, and Massac Counties, and in Randolph County,
that part of the Upper Mississippi River below mile 109.9, including
both banks; and that part of the Lower Mississippi River above mile
869.0 ; and in addition, all the area described in paragraph (b) of this
section.
(b) The boundaries of the MSU Pittsburgh Marine Inspection and
Captain of the Port Zones include that portion of Pennsylvania south of
latitude 41 deg.0000" N and west of longitude 79 deg.0000" W; in West
Virginia: Preston, Monongalia, Marion, Marshall, Ohio, Brooke, and
Hancock Counties, and that part of the Ohio River north of a line drawn
from latitude 39 deg.3918" N (approximately mile 127.2) on the Ohio
River, just below the Hannibal Lock and Dam; and in Ohio: Stark,
Columbiana, Tuscarawas, Carroll, Harrison, Jefferson, and Belmont
Counties, and those parts of Summit, Portage, and Mahoning Counties
south of latitude 41 deg.0000"N.
[USCG-2006-25556, 72 FR 36324, July 2, 2007, as amended by USCG-2013-
0491, 80 FR 20163, Apr. 15, 2015]
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. 3.45-10 Sector Buffalo Marine Inspection Zone and Captain of
the Port Zone.
Sector Buffalo's office is located in Buffalo, NY. The boundaries of
Sector Buffalo's Marine Inspection Zone and Captain of the Port Zone
include all navigable waters of the United States and contiguous land
areas within the boundaries of an area starting from a point on the
international boundary in Lake Erie at latitude 42 deg.1924" N,
longitude 80 deg.3110" W, proceeding southwest along the international
boundary to a point at latitude 41 deg.4036" N, longitude 82 deg.2500"
W; thence south to latitude 41 deg.0000" N; thence east to longitude
78 deg.5458" W; thence north to latitude 42 deg.0000" N; thence east
to the east bank of the Delaware River at latitude 42 deg.0000" N,
longitude 75 deg.2128" W; thence east to longitude 74 deg.3900" W;
thence north to the international boundary at a point at latitude
44 deg.5958" N, longitude 74 deg.3900" W; thence southeast along the
international boundary to the starting point.
[USCG-2006-25556, 72 FR 36324, July 2, 2007]
Sec. 3.45-15 Sector Lake Michigan Marine Inspection Zone and Captain
of the Port Zone.
Sector Lake Michigan's office is located in Milwaukee, WI. The
boundaries of Sector Lake Michigan's Marine Inspection Zone and Captain
of the Port Zone include all navigable waters of the United States and
contiguous land areas within the boundaries of an
[[Page 49]]
area starting from a point at latitude 44 deg.4300" N, longitude
84 deg.3000" W, proceeding due west to longitude 85 deg.4000" W;
thence northwest to the eastern shore of Lake Michigan at latitude
45 deg.0100" N; thence northwest to latitude 45 deg.2230" N, longitude
86 deg.1900" W; thence northeast to latitude 45 deg.4100" N, longitude
86 deg.0600" W; thence northwest to latitude 46 deg.2000" N, longitude
87 deg.2200" W; thence west to latitude 46 deg.2000" N, longitude
90 deg.0000" W; thence south to latitude 41 deg.0000" N; thence east
to the Ohio-Indiana border at latitude 41 deg.0000" N, longitude
84 deg.4812" W; thence north along the Ohio-Indiana border to the
intersection of the Ohio-Indiana-Michigan border at latitude
41 deg.4159" N, longitude 84 deg.4822" W; thence east along the Ohio-
Michigan border to latitude 41 deg.4213" N, longitude 84 deg.3000" W;
thence north to the start point.
[USCG-2009-0929, 76 FR 13510, Mar. 14, 2011]
Sec. 3.45-20 Sector Detroit Marine Inspection Zone and Captain of
the Port Zone.
Sector Detroit's office is located in Detroit, MI. The boundaries of
Sector Detroit's Marine Inspection Zone and Captain of the Port Zone
include all navigable waters of the United States and contiguous land
areas within the boundaries of an area starting from a point at latitude
41 deg.0000" N, longitude 84 deg.4812" W on the Ohio-Indiana boundary,
proceeding east to longitude 82 deg.2500" W; thence north to the
international boundary in Lake Erie at latitude 41 deg.4036" N,
longitude 82 deg.2500" W; thence north along the international boundary
to latitude 44 deg.4300" N in Lake Huron; thence due west to latitude
44 deg.4300" N, longitude 84 deg.3000" W; thence south to the
Michigan-Ohio boundary at latitude 41 deg.4213" N; thence west along
the Michigan-Ohio boundary to the Ohio-Michigan-Indiana boundary at
latitude 41 deg.4146" N, longitude 84 deg.4822" W; thence south along
the Ohio-Indiana boundary to the starting point.
[USCG-2009-0929, 76 FR 13510, Mar. 14, 2011]
Sec. 3.45-45 Sector Sault Ste. Marie Marine Inspection Zone and
Captain of the Port Zone; Marine Safety Unit Duluth.
Sector Sault Ste. Marie's office is located in Sault Ste. Marie, MI.
A subordinate unit, Marine Safety Unit (MSU) Duluth, is located in
Duluth, MN.
(a) Sector Sault Ste. Marie's Marine Inspection Zone and Captain of
the Port Zone comprise all navigable waters of the United States and
contiguous land areas within an area starting from a point at latitude
44 deg.4300" N on the international boundary within Lake Huron;
proceeding due west to longitude 85 deg.4000" W; thence northwest to
the eastern shore of Lake Michigan at latitude 45 deg.0100" N; thence
northwest to latitude 45 deg.2230" N, longitude 86 deg.1900" W; thence
northeast to latitude 45 deg.4100" N, longitude 86 deg.0600" W; thence
northwest to latitude 46 deg.2000" N, longitude 87 deg.2200" W; thence
west to the Minnesota-North Dakota boundary at latitude 46 deg.2000" N,
longitude 96 deg.3630" W; thence north along the Minnesota-North Dakota
boundary to the intersection of the Minnesota-North Dakota boundary and
the international boundary at latitude 49 deg.0002" N, longitude
97 deg.1346" W; thence east along the international boundary to the
starting point; and in addition, all the area described in paragraph (b)
of this section.
(b) The boundaries of the MSU Duluth Marine Inspection and Captain
of the Port Zones comprise all navigable waters of the United States and
contiguous land areas within an area starting at a point latitude
46 deg.2000" N, longitude 88 deg.3000" W, proceeding west to the
Minnesota-North Dakota boundary at latitude 46 deg.2000" N, longitude
96 deg.3630" W; thence north along the Minnesota-North Dakota boundary
to the intersection of the Minnesota-North Dakota boundary and the
international boundary at latitude 49 deg.0002" N, longitude
97 deg.1346" W; thence east along the international boundary to a point
at latitude 47 deg.5923" N, longitude 87 deg.3510" W; thence south to
a point near Manitou Island Light at latitude 47 deg.2509" N, longitude
87 deg.3510" W; thence southwest to a point near the shore of Lake
Superior at latitude 46 deg.5151" N, longitude 87 deg.4500" W; thence
southwest to the point of origin.
[USCG-2009-0929, 76 FR 13510, Mar. 14, 2011]
[[Page 50]]
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 Sector Los Angeles-Long Beach Marine Inspection Zone
and Captain of the Port Zone.
Sector Los Angeles-Long Beach's (LA-LB) office is located in San
Pedro, CA. The boundaries of Sector LA-LB's Marine Inspection Zone and
Captain of the Port Zone start at a point near the intersection of
Monterey County and San Luis Obispo County and the California coast at
latitude 35 deg.4743" N, longitude 121 deg.2051" W, proceeding
southwest to the outermost extent of the EEZ at latitude 34 deg.0505"
N, longitude 124 deg.5643" W; thence south along the outermost extent
of the EEZ to latitude 32 deg.0117" N, longitude 123 deg.3722" W;
thence northeast to the intersection of Orange County and San Diego
County and the California coast at latitude 33 deg.2312" N, longitude
117 deg.3545" W; thence including all of Orange County, Riverside
County, Ventura County, Los Angeles County, San Bernardino County, Santa
Barbara County, Kern County, and San Luis Obispo County in California.
[USCG-2006-25556, 72 FR 36325, July 2, 2007]
Sec. 3.55-15 Sector San Diego Marine Inspection Zone and Captain
of the Port Zone.
Sector San Diego's office is located in San Diego, CA. The
boundaries of Sector San Diego's Marine Inspection Zone and Captain of
the Port Zone start at a point near the intersection of Orange County
and San Diego County and the coast at latitude 33 deg.2312" N,
longitude 117 deg.3545" W, proceeding southwest to the outermost extent
of the EEZ at latitude 32 deg.0117" N, longitude 123 deg.3722" W;
thence south along the outermost extent of the EEZ to the intersection
of the maritime boundary with Mexico at latitude 30 deg.3231" N,
longitude 121 deg.5158" W; thence east along the maritime boundary with
Mexico to its intersection with the California coast at latitude
32 deg.3203" N, longitude 117 deg.0729" W; thence including Imperial
County and San Diego County in California; all of Arizona; Washington,
Kane, San Juan, and Garfield Counties in Utah; and Clark County in
Nevada.
[USCG-2006-25556, 72 FR 36325, July 2, 2007]
Sec. 3.55-20 Sector San Francisco: San Francisco Bay Marine Inspection
Zone and Captain of the Port Zone.
The Sector San Francisco office is located in San Francisco, CA. The
boundaries of Sector San Francisco's San Francisco Bay Marine Inspection
and Captain of the Port Zones 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 Count lines (approximately
35 deg.47.500" N latitude) and the California coast to the outermost
extent of the EEZ; and on the west by the outermost extent of the EEZ.
[USCG-2006-25556, 72 FR 36326, July 2, 2007]
Sec. 3.55-25 Sector Humboldt Bay Search and Rescue Mission
Coordinator Zone.
The Sector Humboldt Bay office is located in McKinleyville, CA. The
boundaries of Sector Humboldt Bay's Search and Rescue Mission
Coordinator Zone start in the north by a line bearing 264T from the
coastal point of the Oregon-California border (42 deg.00.0 N./
[[Page 51]]
124 deg.13.0 W.), on the south by a line bearing 270T from the coastal
point of the Mendecino-Sonoma County, CA, border (38 deg.47.0 N./
123 deg.30.0 W.), and on the west by the outermost extent of the
exclusive economic zone (EEZ). The inland Area of Responsibility (AOR)
includes the entirety of the following California counties: Del Norte,
Humboldt, Mendecino, Siskiyou, Trinity, Shasta, Tehama, Glenn, Lake,
Colusa, Butte, Plumas, Lassen, and Modoc.
[USCG-2013-0397, 78 FR 39170, July 1, 2013]
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 Sector Puget Sound Marine Inspection Zone and Captain
of the Port Zone.
Sector Puget Sound's office is located in Seattle, WA. The
boundaries of Sector Puget Sound's Marine Inspection and Captain of the
Port Zones start at latitude 48 deg.2935" N, longitude 124 deg.4345"
W, proceeding along the Canadian border east to the Montana-North Dakota
boundary; thence south along this boundary to the Wyoming state line;
thence west and south along the Montana-Wyoming boundary to the Idaho
state line; thence northwest along the Montana-Idaho boundary to
latitude 46 deg.5500" N; thence west along latitude 46 deg.5500" N to
longitude 123 deg.1800" W; thence north to a point latitude
47 deg.3200" N, longitude 123 deg.1800" W; thence west along latitude
47 deg.3200" N to the outermost extent of the EEZ; thence northeast
along the outermost extent of the EEZ to the Canadian border; thence
east along the Canadian border to the point of origin.
[USCG-2010-0351, 75 FR 47212, Aug. 5, 2010]
Sec. 3.65-15 Sector Columbia River Marine Inspection Zone and
Captain of the Port Zone.
Sector Columbia River's office is located in Astoria, OR. The
boundaries of Sector Columbia River's Marine Inspection and Captain of
the Port Zones start at the Washington coast at latitude 47 deg.3200"
N, longitude 124 deg.2115" W, proceeding along this latitude east to
latitude 47 deg.3200" N, longitude 123 deg.1800" W; thence south to
latitude 46 deg.5500" N, longitude 123 deg.1800" W; thence east along
this latitude to the eastern Idaho state line; thence southeast along
the Idaho state line to the intersection of the Idaho-Wyoming boundary;
thence south along the Idaho-Wyoming boundary to the intersection of the
Idaho-Utah-Wyoming boundaries; thence west along the southern border of
Idaho to Oregon and then west along the southern border of Oregon to the
coast at latitude 41 deg.5954" N, longitude 124 deg.1242" W; thence
west along the southern boundary of the Thirteenth Coast Guard District,
which is described in Sec. 3.65-10, to the outermost extent of the EEZ
at latitude 41 deg.3835" N, 128 deg.5126" W; thence north along the
outermost extent of the EEZ to latitude 47 deg.3200" N; thence east to
the point of origin.
[USCG-2010-0351, 75 FR 48565, Aug. 11, 2010]
Sec. 3.65-20 Sector North Bend Search and Rescue Mission
Coordinator Zone.
The Sector North Bend office is located in North Bend, OR. The
boundaries of Sector North Bend's Search and Rescue Mission Coordinator
Zone start at a point 45 deg.12.0 N. latitude, 123 deg.18.0 W.
longitude and proceeds southward along the 123 deg.18.0 W. longitude,
to a point 42 deg.00.0 N. latitude, 123 deg.18.0 W. longitude; thence
westerly along 42 deg.0.00 N. latitude to the sea. The offshore
boundary is bounded on the south by the southern boundary of the 13th
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 45 deg.12.0 N. latitude; thence easterly along
45 deg.12.0 N. latitude to a point
[[Page 52]]
45 deg.12.0 N. latitude, 123 deg.18.0 W. longitude. Sector North
Bend's search and rescue mission coordination responsibilities extend
from its eastern most boundary seaward to 50 nautical miles west of the
coastline.
[USCG-2013-0397, 78 FR 39170, July 1, 2013]
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 Sector Honolulu Marine Inspection Zone and Captain
of the Port Zone.
Sector Honolulu's office is located in Honolulu, HI. The boundaries
of Sector Honolulu's Marine Inspection Zone and Captain of the Port Zone
comprise the State of Hawaii, including all the islands and atolls of
the Hawaiian chain and the adjacent waters of the exclusive economic
zone (EEZ); and the following islands and their adjacent waters of the
EEZ: American Samoa, Johnston Atoll, Palmyra Atoll, Kingman Reef, Wake
Island, Jarvis Island, Howland and Baker Islands, and Midway Island.
Sector Honolulu's Marine Inspection Zone also includes the Independent
State of Samoa.
[USCG-2010-0351, 75 FR 36277, June 25, 2010]
Sec. 3.70-15 Sector Guam Marine Inspection Zone and Captain of
the Port Zone.
Sector Guam's office is located in Santa Rita, Guam. The boundaries
of Sector Guam's Marine Inspection Zone and Captain of the Port Zone
comprise the Territory of Guam and the adjacent waters of the EEZ, and
the Commonwealth of the Northern Mariana Islands and the adjacent waters
of the EEZ. Sector Guam's Marine Inspection Zone also includes the
Republic of Palau, the Republic of the Marshall Islands, and the
Federated States of Micronesia.
[USCG-2006-25556, 72 FR 36326, July 2, 2007, as amended by USCG-2010-
0351, 75 FR 36277, June 25, 2010]
Sec. 3.70-20 Activities Far East Marine Inspection Zone.
(a) Activities Far East's office is located in Yokota, Japan. The
boundaries of Activities Far East's Marine Inspection Zone coincide with
the boundaries of the Fourteenth Coast Guard District, which are
described in Sec. 3.70-1, excluding those areas within the Honolulu and
Guam Marine Inspection Zones, as described in this part.
(b) Only for this part, the boundary between Activities Far East and
Activities Europe Marine Inspection Zones is demarked by a southerly
line bisecting the border of the Republic of India and the Islamic
Republic of Pakistan.
[USCG-2010-0351, 75 FR 36277, June 25, 2010]
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]
[[Page 53]]
Sec. 3.85-10 Sector Juneau: Southeast Alaska Marine Inspection
Zone and Captain of the Port Zones.
Sector Juneau's office is located in Juneau, AK. The boundaries of
Sector Juneau's Southeast Alaska Marine Inspection and Captain of the
Port Zones start at latitude 60 deg.0118" N, longitude 142 deg.0000"
W, proceeding northeast to the EEZ near the Canadian border at latitude
60 deg.1824" N, longitude 141 deg.0000" W; thence south and east along
the EEZ on the United States-Canadian shore side boundary to the
intersection of the Canadian coast and the Coast Guard District
Seventeen southern border at latitude 54 deg.4000" N, longitude
131 deg.1506" W; thence west along the southern border of Coast Guard
District Seventeen to the intersection with the outermost extent of the
EEZ at latitude 54 deg.3811" N, longitude 140 deg.0126" W; thence
north along the outermost extent of the EEZ to latitude 56 deg.1450" N,
longitude 142 deg.0000" W; thence north to the point of origin.
[USCG-2006-25556, 72 FR 36326, July 2, 2007]
Sec. 3.85-15 Sector Anchorage: Western Alaska Marine Inspection
Zone and Captain of the Port Zones; Marine Safety Unit Valdez: Prince
William Sound Marine Inspection and Captain of the Port Zones.
Sector Anchorage's office is located in Anchorage, AK. A subordinate
unit, Marine Safety Unit (MSU) Valdez, is located in Valdez, AK.
(a) Sector Anchorage's Western Alaska Marine Inspection and Captain
of the Port Zones start near the Canadian border on the EEZ at latitude
60 deg.1824" N, longitude 141 deg.0000" W, proceeding southwest to
latitude 60 deg.0118" N, longitude 142 deg.0000" W; thence south to
the outermost extent of the EEZ at latitude 56 deg.1450" N, longitude
142 deg.0000" W; thence southwest along the outermost extent of the EEZ
to latitude 51 deg.2215" N, longitude 167 deg.3828" E; thence
northeast along the outermost extent of the EEZ to latitude
65 deg.3000" N, longitude 168 deg.5837" W; thence north along the
outermost extent of the EEZ to latitude 72 deg.4629" N, longitude
168 deg.5837" W; thence northeast along the outermost extent of the EEZ
to latitude 74 deg.4235" N, longitude 156 deg.2830" W; thence
southeast along the outermost extent of the EEZ to latitude
72 deg.5649" N, longitude 137 deg.3408" W; thence south along the
outermost extent of the EEZ to the coast near the Canadian border at
latitude 69 deg.3848.88" N, longitude 140 deg.5952.7" W; thence south
along the United States-Canadian boundary to the point of origin; and in
addition, all the area described in paragraph (b) of this section.
(b) The boundaries of MSU Valdez's Prince William Sound Marine
Inspection and Captain of the Port Zones start at Cape Puget at latitude
59 deg.5604" N, longitude 148 deg.2600" W, proceeding north to
latitude 61 deg.3000" N, longitude 148 deg.2600" W; thence east to the
United States-Canadian boundary at latitude 61 deg.3000" N, longitude
141 deg.0000" W; thence south along the United States-Canadian boundary
to latitude 60 deg.1824" N, longitude 141 deg.0000" W; thence
southwest to the sea at latitude 60 deg.0118" N, longitude
142 deg.0000" W; thence south to the outermost extent of the EEZ at
latitude 56 deg.1450" N, longitude 142 deg.0000" W; thence along the
outermost boundary of the EEZ to latitude 54 deg.4926" N, longitude
148 deg.2600" W; thence north to the point of origin.
[USCG-2006-25556, 72 FR 36326, July 2, 2007, as amended by USCG-2008-
0073, 73 FR 15080, Mar. 21, 2008]
PART 4_OMB CONTROL NUMBERS ASSIGNED PURSUANT TO THE PAPERWORK
REDUCTION ACT--Table of Contents
Sec.
4.01 Purpose.
4.02 Display.
Authority: 44 U.S.C. 3507; Department of Homeland Security
Delegation No. 0170.1.
Sec. 4.01 Purpose.
This part collects and displays the control numbers assigned to
information collection requirements of the Coast Guard by the Office of
Management and Budget pursuant to the Paperwork Reduction Act of 1980,
(Pub. L. 96-511, 44 U.S.C. 3501 et seq.). The Coast Guard intends that
this subpart comply with the requirements of section 3507(f) of the
Paperwork Reduction Act, which requires that agencies display a current
control number assigned by the Director of the Office of Management
[[Page 54]]
and Budget (``OMB'') for each agency information collection requirement.
[CGD 84-050, 49 FR 26584, June 28, 1984]
Sec. 4.02 Display.
------------------------------------------------------------------------
33 CFR part or section where identified
and described Current OMB control No.
------------------------------------------------------------------------
Part 6................................. 1625-0020
Part 67................................ 1625-0011
Part 96................................ 1625-0084
Part 100............................... 1625-0008
Part 101............................... 1625-0077
Section 101.115........................ 1625-0017
Part 103............................... 1625-0077
Part 104............................... 1625-0077
Section 104.297........................ 1625-0017
Part 105............................... 1625-0077
Part 106............................... 1625-0077
Part 115............................... 1625-0015
Part 116............................... 1625-0073
Part 120............................... 1625-0077
Section 126.15(c)...................... 1625-0016
Section 126.17......................... 1625-0005
Part 127............................... 1625-0049
Section 127.617........................ 1625-0016
Section 127.1603....................... 1625-0016
Part 128............................... 1625-0077
Part 130............................... 1625-0046
Part 138............................... 1625-0046
Section 140.15......................... 1625-0050
Section 140.103........................ 1625-0054
Section 141.35......................... 1625-0098
Part 143............................... 1625-0059
Part 144............................... 1625-0059
Part 145............................... 1625-0059
Part 146............................... 1625-0001 and
1625-0059
Section 146.130........................ 1625-0044
Section 146.140........................ 1625-0059
Section 146.210........................ 1625-0059
Part 151............................... 1625-0009
Section 151.19......................... 1625-0041
Section 151.21......................... 1625-0041
Section 151.43......................... 1625-0045
Section 151.55......................... 1625-0072
Section 151.57......................... 1625-0072
Section 151.2040....................... 1625-0069
Section 153.203........................ 1625-0096
Section 154.107........................ 1625-0095
Section 154.108........................ 1625-0095
Section 154.110........................ 1625-0093
Section 154.300 through 154.325........ 1625-0021
Section 154.710........................ 1625-0039
Section 154.740........................ 1625-0039
Section 154.804........................ 1625-0060
Section 154.806........................ 1625-0060
Section 154.1220....................... 1625-0066
Section 154.1225....................... 1625-0066
Section 155.120........................ 1625-0051 and
1625-0095
Section 155.130........................ 1625-0051 and
1625-0095
Section 155.710........................ 1625-0072
Section 155.715........................ 1625-0072
Section 155.720........................ 1625-0030
Section 155.740........................ 1625-0030
Section 155.750........................ 1625-0030
Section 155.820........................ 1625-0030
Section 155.820(d)..................... 1625-0039
Section 156.107........................ 1625-0095
Section 156.110........................ 1625-0095
Section 156.120........................ 1625-0039
Section 156.150........................ 1625-0039
Part 156, Subpart B.................... 1625-0042
Section 156.200........................ 1625-0042
Part 157............................... 1625-0036 and
1625-0041
Section 157.37......................... 1625-0041
Section 157.415........................ 1625-0083
Section 157.420........................ 1625-0083
Section 157.430........................ 1625-0083
Section 157.435........................ 1625-0083
Section 157.450........................ 1625-0083
Section 157.455........................ 1625-0083
Part 158............................... 1625-0045
Section 158.140........................ 1625-0045
Section 158.150........................ 1625-0045
Section 158.165........................ 1625-0045
Section 158.190........................ 1625-0045
Part 159............................... 1625-0041 and
1625-0092
Part 160............................... 1625-0043 and
1625-0100
Part 161............................... 1625-0043
Part 164............................... 1625-0043 and
1625-0082
Part 165............................... 1625-0020 and
1625-0043
Section 165.100........................ 1625-0088
Section 165.803(i)..................... 1625-0023
Section 165.1709....................... 1625-0043
Section 169.140........................ 1625-0103
Section 173.55......................... 1625-0003
Section 179.13......................... 1625-0010
Section 179.15......................... 1625-0010
Section 181.21 through 181.31.......... 1625-0056
Part 183............................... 1625-0056
Part 187............................... 1625-0070
------------------------------------------------------------------------
[69 FR 34924, June 23, 2004]
PART 5_COAST GUARD AUXILIARY--Table of Contents
Subpart A_General
Sec.
5.1 Definitions.
5.3 Purpose.
5.5 Organization, officers, and leadership.
5.7 Administration, specific authorizations.
5.9 References.
Subpart B_Membership
5.10 Eligibility for membership.
5.11 Honorary members.
5.12 Offices, titles, designations, qualifications, and recognition.
5.13 Advancement.
5.14 Uniforms and insignia.
5.15 [Reserved]
5.16 Compensation and travel expenses.
5.17 Status of members as Federal employees.
5.18 Injury or death in the line of duty.
5.19 Disenrollment.
Subpart C_Activities, Operations, and Training
5.20 Authority.
[[Page 55]]
5.22 Assignment to duties.
5.24 Procedure for assignment to duty.
5.26 Training, examination, and assignment.
Subpart D_Facilities and Other Equipment
5.30 Facilities and other equipment.
5.32 Offer of member-owned vessels, aircraft, radio stations, motorized
vehicles, trailers, and other equipment for use as a facility.
5.34 Offers of personal property of the Auxiliary for use as a facility.
5.36 Loan of vessels, aircraft, radio stations, motorized vehicles,
trailers, or other equipment to the Coast Guard.
Subpart E_Auxiliary Markings
5.40 Distinctive markings for vessels, aircraft, motorized vehicles,
trailers, radio stations, and other equipment.
5.41 Auxiliary emblem.
5.42 Auxiliary ensign.
5.43 Auxiliary mark.
5.44 Auxiliary facility decal.
5.45 Patrol sign.
5.46 Auxiliary patrol ensign.
5.47 Coast Guard ensign.
5.48 Marking of aircraft.
Authority: 14 U.S.C. 633, 821, 822, 823, 823a, 824, 826, 827, 828,
829, 830, 831, 832, 892.
Source: USCG-1999-6712, 80 FR 3476, Jan. 23, 2015, unless otherwise
noted.
Subpart A_General
Sec. 5.1 Definitions.
Certain terms used in this part are defined as follows:
Aircraft means any contrivance now known or hereafter invented,
used, or designed for navigation of or flight in the air.
Auxiliary means the United States Coast Guard Auxiliary established
pursuant to the Auxiliary Act.
Auxiliary Act means the laws governing the Coast Guard Auxiliary,
codified in chapters 23 and 25 of Title 14, United States Code (14
U.S.C. 821-894).
Commandant means the Commandant of the United States Coast Guard.
Direct Law Enforcement includes boarding a vessel for law
enforcement purposes, carrying firearms or law enforcement equipment
(handcuffs, pepper spray, etc.), investigating complaints of negligent
operations, serving subpoenas, and covert operations. For more details
see Chapter 4.E. of the Auxiliary Operations Policy Manual, COMDTINST
M16798.3 (series).
Facility means a vessel, aircraft, radio station, motorized vehicle,
trailer, or other equipment accepted for use by the Coast Guard.
Member means any person who is a member of the Auxiliary.
Motorboat means any documented or numbered vessel propelled by
machinery.
Personal property of the Auxiliary means a vessel, aircraft, radio
station, motorized vehicle, trailer, or other equipment owned by, or
under the administrative jurisdiction of, the Coast Guard Auxiliary or
an Auxiliary unit, and that is used solely for Auxiliary purposes and in
accordance with the Auxiliary Act.
Radio station means any equipment (including a building,
recreational vehicle, trailer, or other motorized vehicle which houses
such equipment) used for radio communication or direction finding.
Secretary means the Secretary of the Department in which the Coast
Guard is operating.
Vessel means any water craft, including non-displacement craft and
seaplanes, used, or capable of being used, as a means of transportation
on water.
Yacht means either--
(1) Any documented or numbered vessel used exclusively for pleasure;
or
(2) Any sailboat used exclusively for pleasure more than 16 feet in
length measured end-to-end over the deck, excluding sheer.
Sec. 5.3 Purpose.
(a) The Auxiliary is a uniformed, volunteer, non-military
organization administered by the Commandant under the direction of the
Secretary.
(b) The purpose of the Auxiliary is to assist the Coast Guard, as
authorized by the Commandant, in performing any Coast Guard function,
power, duty, role, mission, or operation authorized by law.
(c) Auxiliary units assist the Coast Guard in maintenance and
upkeep, and in conducting tours of Coast Guard and other Federal- or
State-owned structures and property.
[[Page 56]]
(d) The Auxiliary assist Federal, State, and municipal agencies, as
authorized by the Commandant.
Sec. 5.5 Organization, officers, and leadership.
(a) The Coast Guard Auxiliary is organized pursuant to the Auxiliary
Act and Coast Guard regulations. Organizational elements include a
national board and staff, national leadership, areas, districts,
regions, divisions, and flotillas. A flotilla is the basic
organizational unit of the Auxiliary.
(b) The Auxiliary has elected and appointed officers.
(1) Elected officers are in charge of Auxiliary units and elements
at both the national and local levels of the Auxiliary organization. The
Unit Leader is the senior elected officer at each level of the Auxiliary
organization: Flotilla Commanders, Division Commanders, District
Commodores, and the National Commodore are unit leaders.
(2) Appointed officers are appointed by elected officers and hold
staff positions in Auxiliary units at both the national and local levels
of the Auxiliary organization.
(c) For all Auxiliary units, the Unit Leader is the person
authorized to exercise the authority set forth in Sec. 5.7 on behalf of
his or her unit, and may delegate that authority.
(d) For all Auxiliary units, the Finance Officer is the person
authorized to handle, transfer and disburse bank accounts, monies,
stocks, bonds, and other items of intangible personal property on behalf
of his or her Auxiliary Unit.
Sec. 5.7 Administration, specific authorizations.
(a) The Commandant may delegate any authority vested in him or her
by the Auxiliary Act or by this part to personnel of the Coast Guard and
members of the Auxiliary in the manner and to the extent as the
Commandant deems necessary or appropriate for the functioning,
organization, and internal administration of the Auxiliary.
(b) The Commandant has authorized Auxiliary Unit Leaders to take the
following actions in furtherance of the authorized missions of the
Auxiliary. This is not an exclusive list--
(1) Acquire, own, hold, use, and dispose of vessels, aircraft,
motorized vehicles, trailers, radio stations, electronic equipment and
other items of tangible, personal property;
(2) Accept ownership, custody, or use of vessels, boats, aircraft,
radio stations, motorized vehicles, trailers, electronic equipment, and
other tangible property from the Coast Guard, from other Federal, State,
or municipal agencies, or from private or non-profit groups;
(3) Create and manage bank accounts, monies, stocks, bonds, and
other financial instruments;
(4) Accept and use gifts, grants, legacies, and bequests;
(5) Accept funds, materials, services, and the use of facilities
from public and private entities and Federal, State, or municipal
agencies;
(6) Enter into licenses, leases, contracts, memoranda of agreement,
or understanding, and other agreements; and
(7) Enter into cooperative agreements and grant agreements with the
Coast Guard and other Federal, State, or municipal agencies.
(c) The national board of the Auxiliary may form a corporation under
State law and Coast Guard policy to manage the Auxiliary's fiscal
affairs. The national corporation may--
(1) Hold copyrights, trademarks, and titles to Auxiliary property;
(2) Contract with the Coast Guard and other Federal, State, and
municipal agencies to procure such goods and services;
(3) Receive grants, gifts, and other items on behalf of the
Auxiliary; and
(4) Conduct other activities as may be authorized by the Commandant.
(d) An Auxiliary district or region may form a corporation under
State law and Coast Guard policy.
Sec. 5.9 References.
Further guidance on Auxiliary missions and activities may be found
in Coast Guard directives and publications, including the Auxiliary
Manual (Commandant Instruction M16790.1(series)) and the Auxiliary
Operations Policy Manual (Commandant
[[Page 57]]
Instruction M16798.3(series)). Those directives and publications can be
found online at http://www.uscg.mil/auxiliary/publications/comdtinst/.
Subpart B_Membership
Sec. 5.10 Eligibility for membership.
(a) To be eligible for membership in the Auxiliary, a person must--
(1) Be a United States citizen, a national of the United States or
of its Territories and possessions, or an alien lawfully admitted for
permanent residence; and
(2) Meet the standards for enrollment, retention, and conduct
established by the Commandant.
(b) An applicant who is accepted for membership will be enrolled in
the Auxiliary and will be issued a membership certificate and
identification card. Possession of a membership certificate or
identification card does not entitle a person to any rights or
privileges of the Coast Guard or the Coast Guard Reserve except as
authorized by the Commandant.
Sec. 5.11 Honorary members.
The Commandant may grant any person honorary membership in the
Auxiliary. An honorary member of the Auxiliary, solely by reason of such
honorary membership, is not entitled to any of the rights, benefits,
privileges, duties, or obligations of Auxiliary membership.
Sec. 5.12 Offices, titles, designations, qualifications, and recognition.
Members of the Auxiliary will have such offices, titles,
designations, qualifications, and recognition for achievements as
prescribed by the Commandant.
Sec. 5.13 Advancement.
The Commandant will prescribe the circumstances and qualifications
under which members of the Auxiliary may be advanced in offices and
programs.
Sec. 5.14 Uniforms and insignia.
(a) Members of the Auxiliary are authorized to wear uniforms,
uniform insignia, and awards as prescribed by the Commandant. Auxiliary
uniform insignia indicate, and are solely associated with, Auxiliary
offices, titles, designations, qualifications, and achievements.
Auxiliary uniform insignia do not indicate rank in any military service
or government agency.
(b) Members of the Auxiliary may purchase from the Coast Guard such
uniforms, insignia, and awards as may be authorized by the Commandant.
Sec. 5.15 [Reserved]
Sec. 5.16 Compensation and travel expenses.
(a) Except as provided in paragraph (b) of this section, no member
of the Auxiliary will receive any compensation for services as a member
of the Auxiliary.
(b) A member of the Auxiliary may be paid actual necessary
travelling expenses, including a per diem allowance.
Sec. 5.17 Status of members as Federal employees.
Members of the Auxiliary are not considered Federal employees except
as provided by 14 U.S.C. 823a or other provisions of law.
Sec. 5.18 Injury or death in the line of duty.
(a) The performance of duty, as the term is used in this part,
includes time spent in the performance of duty, travel between duty
locations, and travel between a place of assigned duty and either the
Auxiliarist's permanent residence or other appropriate non-duty
destination.
(b) A member of the Auxiliary who incurs physical injury or
contracts sickness or disease in the performance of duty is entitled to
medical and dental care until the resulting impairment cannot be
materially improved by further hospitalization or treatment. A member of
the Auxiliary who incurs physical injury or contracts sickness or
disease in the performance of duty is entitled to obtain medical care
from the Coast Guard, including through Coast Guard arrangements with a
contract provider, the Public Health Service, the Department of Defense,
or a Veterans' Administration facility.
(c) If a member of the Auxiliary is physically injured or dies as a
result of
[[Page 58]]
physical injury, and the injury is incurred in the performance of duty,
the member or the member's beneficiaries are authorized to receive
compensation in accordance with 14 U.S.C. 707, 5 U.S.C. 8133 and 8134
and section 651 of Public Law 104-208 (5 U.S.C. 8133 Note).
Sec. 5.19 Disenrollment.
A member of the Auxiliary will be disenrolled on the member's
request, upon ceasing to possess the qualifications for membership, for
cause, or upon direction of the Commandant.
Subpart C_Activities, Operations, and Training
Sec. 5.20 Authority.
(a) Except as provided in paragraphs (b) and (c) of this section, or
otherwise limited by the Commandant, members of the Auxiliary assigned
to duty will have the same authority in that duty's execution as a
member of the Coast Guard who is assigned to a similar duty.
(b) Members of the Auxiliary are not authorized to engage in direct
law enforcement or military missions.
(c) Members of the Auxiliary are not authorized to enforce limited
access areas, regulated navigation areas, or special local regulations.
Members of the Auxiliary assigned to patrol limited access areas,
regulated navigation areas, or areas regulated under special local
regulations may advise the public regarding compliance with the limited
access area, regulated navigation area, or areas regulated by special
local regulations.
Sec. 5.22 Assignment to duties.
Members of the Auxiliary will not be assigned duties until they have
been found to be competent to perform such duties and have been
designated by authority of the Commandant to perform such duties.
Sec. 5.24 Procedure for assignment to duty.
Members and facilities may be assigned to duty by any of the
following procedures:
(a) Verbal or written orders issued by competent Coast Guard
authority;
(b) The actual performance of an authorized activity or mission by a
qualified member of the Auxiliary; or
(c) Other procedures as designated by the Commandant.
Sec. 5.26 Training, examination, and assignment.
(a) The Commandant will prescribe, through the Coast Guard Auxiliary
directives referenced in Sec. 5.9, the type of training,
qualifications, and examinations required before a member of the
Auxiliary will be deemed qualified to perform certain duties, and will
prescribe the circumstances and manner in which members of the Auxiliary
will be authorized to perform regular and emergency duties.
(b) The Commandant may authorize members of the Auxiliary to pursue
correspondence courses and distance-learning courses conducted by the
Coast Guard Institute or other authorized Coast Guard providers and to
attend other courses and training available to members of the Coast
Guard or Coast Guard Reserve.
Subpart D_Facilities and Other Equipment
Sec. 5.30 Facilities and other equipment.
(a) This subpart contains regulations related to the facilities and
other equipment used by the Auxiliary or loaned by the Auxiliary to the
Coast Guard.
(b) Status--(1) Duty. Personal property of the Auxiliary, except
when used for other than Auxiliary purposes in accordance with 14 U.S.C.
822, will be considered assigned to authorized Coast Guard duty at all
times.
(2) Liability. Personal property of the Auxiliary, except when used
for other than Auxiliary purposes in accordance with 14 U.S.C. 822, will
be treated as property of the United States for the purposes of the
Federal Tort Claims Act, the Military Claims Act, the Public Vessels
Act, the Suits in Admiralty Act, the Admiralty Extension Act, and other
matters related to non-contractual civil liability. Personal property of
the Auxiliary is not normally covered for damage to the property itself.
(3) Federal status of facilities and other equipment. A vessel,
aircraft, or radio
[[Page 59]]
station owned by, in the custody of, or under the administrative
jurisdiction of the Auxiliary will be considered a public vessel of the
United States, public vessel of the Coast Guard, public aircraft, Coast
Guard Aircraft, and/or government station, in accordance with federal
law.
(c) Expenses. (1) The Coast Guard may reimburse expenses related to
the use, operation, or maintenance of a facility.
(2) The Coast Guard may reimburse expenses for damage or loss to or
by a facility, including remediation, restoration, repair, replacement,
or salvage costs.
(3) The Coast Guard may provide an allowance for the maintenance of
a facility.
Sec. 5.32 Offers of member-owned vessels, aircraft, radio stations,
motorized vehicles, trailers, and other equipment for use as a facility.
(a) Members of the Auxiliary wishing to offer vessels, aircraft,
radio stations, motorized vehicles, trailers, or other equipment for use
as a facility must follow the procedures set forth in the Auxiliary
Operations Policy Manual referenced in Sec. 5.9.
(b) Upon acceptance of the vessels, aircraft, radio stations,
motorized vehicles, trailers, or other equipment as a facility, the
Coast Guard will issue to the member the appropriate numbers and decals
identifying the facility as a Coast Guard Auxiliary facility.
(c) In an emergency, vessels, aircraft, radio stations, motorized
vehicles, trailers, or other equipment may be accepted by the Coast
Guard without an inventory or the use of the prescribed forms.
Sec. 5.34 Offers of personal property of the Auxiliary for use
as a facility.
(a) Auxiliary units wishing to offer personal property of the
Auxiliary (usually unit-owned property) for use as a facility must
follow the procedures set forth in the Auxiliary Operations Policy
Manual referenced in Sec. 5.9.
(b) Upon acceptance of the personal property of the Auxiliary as a
facility, the Coast Guard will issue to the Auxiliary unit the
appropriate numbers and decals identifying the facility as a Coast Guard
Auxiliary facility.
(c) In an emergency, personal property of the Auxiliary may be
accepted by the Coast Guard without an inventory or the use of
prescribed forms.
Sec. 5.36 Loan of vessels, aircraft, radio stations, motorized
vehicles, trailers, or other equipment to the Coast Guard.
(a) A vessel, aircraft, radio station, motorized vehicle, trailer,
or other equipment may be loaned to the Coast Guard for a specific
period, and must be returned at the expiration of that period, unless
circumstances or an emergency 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
will be re-inventoried as of the time, date, and place of re-delivery,
and mutually settled by the owner and the Coast Guard representative. If
the vessel, aircraft, radio station, motorized vehicle, trailer, or
other equipment was accepted during an emergency, 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 the claim. The
Coast Guard representative will take all proper precautions to protect
the owner's interest, as well as that of the United States.
(b) Except as permitted in paragraph (c) of this section, no vessel,
aircraft, radio station, motorized vehicle, trailer, or other equipment
will 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 an acceptance and a
complete inventory of consumable and expendable stores and equipment has
been made and mutually settled by the owner and the Coast Guard
representative.
(c) In an emergency, a vessel, aircraft, radio station, motorized
vehicle, trailer, or other equipment may be loaned to Coast Guard
without an inventory or the use of the prescribed form.
[[Page 60]]
Subpart E_Auxiliary Markings
Sec. 5.40 Distinctive markings for vessels, aircraft, motorized
vehicles, trailers, radio stations, and other equipment.
(a) This subpart describes the design and display of distinctive
markings used by Auxiliary vessels, aircraft, motorized vehicles,
trailers, radio stations, and other equipment. These markings are
established in the directives referenced in Sec. 5.9 and the U.S. Coast
Guard Heraldry Manual (COMDTINST M5200.14(series)).
(b) Auxiliary markings on vessels, aircraft, motorized vehicles,
trailers, radio stations and other equipment. (1) Vessels, aircraft,
motorized vehicles, trailers, radio stations, and other equipment which
are owned by Auxiliary members, or are personal property of the
Auxiliary, or are otherwise affiliated with the Auxiliary may display
the Auxiliary emblem (Sec. 5.41), the Auxiliary ensign (Sec. 5.42),
and/or the Auxiliary mark (Sec. 5.43).
(2) Vessels, aircraft, motorized vehicles, trailers, radio stations,
and other equipment which are personal property of the Auxiliary may be
marked ``U.S. COAST GUARD AUXILIARY'', ``U.S. COAST GUARD AUX'', or
``USCGAUX'' in accordance with Coast Guard policy.
(3) Vessels, aircraft, motorized vehicles, trailers, radio stations,
and other equipment which have been accepted as facilities shall display
the Auxiliary facility decal (Sec. 5.44).
(4) Vessels that have been accepted as facilities and are on patrol,
whether or not they are underway, shall display the National Ensign, the
patrol sign (Sec. 5.45) and either the patrol ensign (Sec. 5.46) or
the Coast Guard ensign (Sec. 5.47) as appropriate and able.
(5) Vessels that have been accepted as facilities and are on patrol,
whether or not they are underway, and have a Coast Guard commissioned,
warrant, or non-commissioned officer onboard shall display the Coast
Guard ensign in place of the patrol ensign.
(c)(1) Any person who desires to reproduce Coast Guard Auxiliary
markings for non-Coast Guard Auxiliary use must obtain approval from
Commandant (CG-BSX-11), Attn: Auxiliary Division, U.S. Coast Guard Stop
7501, 2703 Martin Luther King Jr. Ave. SE., Washington, DC 20593-7501.
(2) Unauthorized use of Auxiliary markings is subject to the
penalties of 14 U.S.C. 638, 639 and 892.
Sec. 5.41 Auxiliary emblem.
(a) Description. 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.
(b) Display. The Auxiliary emblem is used as identification on
Auxiliary ensigns, flags, pennants, decals, and patrol signs. The emblem
is used on Auxiliary insignia, such as the member collar device, cap
device, and Auxiliary aviator, coxswain, and Auxiliary Operator (AUXOP)
devices, and on publications, stationery, clothing, and jewelry.
Sec. 5.42 Auxiliary ensign.
(a) Description. 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
must be at a 70 degree angle, rising away from the hoist.
(b) Display. The Auxiliary ensign may be displayed by any member of
the Auxiliary on a vessel, aircraft, radio station, building, or other
location at any time, under such conditions as the Commandant may
direct.
Sec. 5.43 Auxiliary mark.
(a) Description. The Auxiliary mark consists of a broad diagonal
blue stripe followed (to the left or aft) by two narrow stripes--first a
white stripe, and then a red stripe. The Auxiliary emblem, as described
in Sec. 5.41, is centered in the diagonal blue stripe.
(b) Display. The Auxiliary mark is used to identify personal
property of the Auxiliary and on Coast Guard Auxiliary authorized
publications, stationery, jewelry, and similar items.
Sec. 5.44 Auxiliary facility decal.
(a) Description. The Auxiliary facility decal is composed of two
parts. The upper part is a conventional white
[[Page 61]]
shield with a medium blue (Coast Guard blue) Coast Guard Auxiliary
emblem centered on a broad diagonal red (Coast Guard red) slash which is
at a 70 degree angle, rising toward the viewer's right. The red (Coast
Guard red) slash is followed, on the viewer's left, 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 shield. The
lower part displays two laterally radiating wreath branches centered
immediately beneath the shield. A broad diagonal red (Coast Guard red)
slash, which is at a 70 degree angle, rising toward the viewer's right
and followed, on the viewer's left, by two narrow, parallel stripes,
first a white stripe and then a medium blue (Coast Guard blue) stripe,
is displayed on the wreath's right-hand branch.
(b) Display. Vessels, aircraft, motorized vehicles, trailers, radio
stations and other equipment accepted for use by the Coast Guard must
display the Auxiliary facility decal as authorized in the Auxiliary
Operations Policy Manual referenced in Sec. 5.9.
(1) On vessels, the decal must be displayed on the port side of the
vessel so as to be visible by another vessel when meeting such vessel in
a port-to-port situation.
(2) On aircraft, the decal must be displayed on the pilot's side of
the forward half of the aircraft.
(3) On radio facilities, the miniature decal must be displayed on
the radio, and the full-size decal must be displayed on the exterior or
interior of the building or trailer in which the radio is housed, or, in
the case of mobile radios, on any legal place on the motor vehicle in
which the radio is contained.
(4) On motorized vehicles, trailers and other equipment, the decal
must be displayed on a clearly visible exterior location.
Sec. 5.45 Patrol sign.
(a) Description. The Auxiliary facility patrol sign has the words
``Coast Guard Auxiliary Patrol'' in black or dark blue lettering and
must contain the Auxiliary emblem, as described in this subpart,
centered within the confines of a broad diagonal red (Coast Guard red)
stripe which is at a 70 degree angle rising toward the bow of the
vessel. The red (Coast Guard red) stripe is followed, away from the bow,
by two narrow, parallel stripes--first a white stripe, and then a medium
blue (Coast Guard blue) stripe. The background of the sign must be
white.
(b) Display. (1) The patrol sign must be displayed by vessels while
on patrol, whether or not the vessel is underway.
(2) The patrol sign must be displayed on the forward half of each
side and may be displayed on the stern of the vessel.
(3) The patrol sign may be displayed on each side of a motorized
vehicle or trailer containing a mobile radio or radio direction finding
unit while assigned to Coast Guard duty. Normally, they will be placed
in any legal position on the upper half of both sides of the vehicle.
Sec. 5.46 Auxiliary patrol ensign.
(a) Description. The field of the Auxiliary patrol 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.
(b) Display. Vessels that have been accepted as facilities shall
display the Auxiliary patrol ensign when on patrol, whether or not the
vessel is underway. The Auxiliary patrol ensign must be displayed at the
mast head or from the most conspicuous hoist.
Sec. 5.47 Coast Guard ensign.
(a) Description. The Coast Guard ensign is described in 33 CFR
23.15.
(b) Display. Vessels that have been accepted as facilities and that
have a Coast Guard commissioned, warrant or non-commissioned officer
onboard shall display the Coast Guard ensign in place of the Auxiliary
patrol ensign while on patrol, whether or not the vessel is underway.
The Coast Guard ensign must be displayed at the mast
[[Page 62]]
head or from the most conspicuous hoist.
Sec. 5.48 Marking of aircraft.
(a) Aircraft owned by members of the Auxiliary or that are personal
property of the Auxiliary may also display the Auxiliary emblem on both
sides of the vertical stabilizer (outside of the stabilizer for twin
tail aircraft) or on both sides of the fuselage aft of the wing.
(b) Aircraft which are accepted as facilities may be marked with the
Auxiliary mark (Sec. 5.43) and/or the word ``RESCUE'' on the underside
of the wing or fuselage for easier identification from the ground.
PART 6_PROTECTION AND SECURITY OF VESSELS, HARBORS, AND WATERFRONT
FACILITIES--Table of Contents
Subpart 6.01_Definitions
Sec.
6.01-1 Commandant.
6.01-2 District Commander.
6.01-3 Captain of the Port.
6.01-4 Waterfront facility.
6.01-5 Security zone.
6.01-6 Area Commander.
Subpart 6.04_General Provisions
6.04-1 Enforcement.
6.04-5 Preventing access of persons, articles or things to vessels, or
waterfront facilities.
6.04-6 Establishing security zones; prohibitions with respect thereto.
6.04-7 Visitation, search, and removal.
6.04-8 Possession and control of vessels.
6.04-11 Assistance of other agencies.
Subpart 6.10_Identification and Exclusion of Persons From Vessels and
Waterfront Facilities
6.10-1 Issuance of documents and employment of persons aboard vessels.
6.10-5 Access to vessels and waterfront facilities.
6.10-7 Identification credentials.
6.10-9 Appeals.
Subpart 6.12_Supervision and Control of Explosives or Other Dangerous
Cargo
6.12-1 General supervision and control.
6.12-3 Approval of facility for dangerous cargo.
Subpart 6.14_Security of Waterfront Facilities and Vessels in Port
6.14-1 Safety measures.
6.14-2 Condition of waterfront facility a danger to vessel.
Subpart 6.16_Sabotage and Subversive Activity
6.16-1 Reporting of sabotage and subversive activity.
6.16-3 Precautions against sabotage.
Subpart 6.18_Penalties
6.18-1 Violations.
Subpart 6.19_Responsibility for Security of Vessels and Waterfront
Facilities
6.19-1 Primary responsibility.
Authority: 40 Stat. 220, as amended; 50 U.S.C. 191.
Source: E.O. 10173, 15 FR 7012, Oct. 20, 1950, unless otherwise
noted.
Cross Reference: For regulations implementing the general
enforcement provisions contained in Subparts 6.01--Definitions and
6.04--General Provisions, see part 125 of this chapter.
Subpart 6.01_Definitions
Sec. 6.01-1 Commandant.
Commandant as used in this part, means the Commandant of the United
States Coast Guard.
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 or her assigned area. In
addition, the District Commander will be Captain of the Port with
respect to the remaining areas in his or her District not assigned to
officers designated by the Commandant as Captain of the Port.
[USCG-2013-0397, 78 FR 39170, July 1, 2013]
[[Page 63]]
Sec. 6.01-4 Waterfront facility.
Waterfront facility. ``Waterfront facility,'' as used in this part,
means all piers, wharves, docks, or similar structures to which vessels
may be secured and naval yards, stations, and installations, including
ranges; areas of land, water, or land and water under and in immediate
proximity to them; buildings on them or contiguous to them and equipment
and materials on or in them.
[E.O. 13143, 64 FR 68273, Dec. 6, 1999]
Sec. 6.01-5 Security zone.
Security zone as used in this part, means all areas of land, water,
or land and water, which are so designated by the Captain of the Port
for such time as he deems necessary to prevent damage or injury to any
vessel or waterfront facility, to safeguard ports, harbors, territories,
or waters of the United States or to secure the observance of the rights
and obligations of the United States.
[E.O. 11249, 30 FR 13001, Oct. 13, 1965]
Sec. 6.01-6 Area Commander.
Area Commander, as used in this part, means the officer of the Coast
Guard designated by the Commandant to command a Coast Guard Area.
[E.O. 13273, 67 FR 56215, Sept. 3, 2002]
Subpart 6.04_General Provisions
Sec. 6.04-1 Enforcement.
(a) The rules and regulations in this part shall be enforced by the
Captain of the Port under the supervision and general direction of the
District Commander, Area Commander, and the Commandant. All authority
and power vested in the Captain of the Port by the regulations in this
part shall be deemed vested in and may be exercised by the District
Commander, Area Commander, and the Commandant.
(b) The rules and regulations in this part may be enforced by any
other officer or petty officer of the Coast Guard designated by the
District Commander, Area Commander, or the Commandant.
(c) Any authority or power under this part vested in, delegated to,
or exercised by a member of the Coast Guard shall be subject to the
direction of the Secretary of the Department in which the Coast Guard is
operating.
[E.O. 13273, 67 FR 56215, Sept. 3, 2002]
Sec. 6.04-5 Preventing access of persons, articles or things to
vessels, or waterfront facilities.
The Captain of the Port may prevent any person, article, or thing
from boarding or being taken or placed on board any vessel or entering
or being taken into or upon or placed in or upon any waterfront facility
whenever it appears to him that such action is necessary in order to
secure such vessel from damage or injury or to prevent damage or injury
to any vessel, or waterfront facility or waters of the United States, or
to secure the observances of rights and obligations of the United
States.
[E.O. 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.
[E.O. 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.
[E.O. 11249, 30 FR 13002, Oct. 13, 1965]
[[Page 64]]
Sec. 6.04-8 Possession and control of vessels.
The Captain of the port may supervise and control the movement of
any vessel and shall take full or partial possession or control of any
vessel or any part thereof, within the territorial waters of the United
States under his jurisdiction, whenever it appears to him that such
action is necessary in order to secure such vessel from damage or
injury, or to prevent damage or injury to any vessel or waterfront
facility or waters of the United States, or to secure the observance of
rights and obligations of the United States.
Sec. 6.04-11 Assistance of other agencies.
The Captain of the port may enlist the aid and cooperation of
Federal, State, county, municipal, and private agencies to assist in the
enforcement of regulations issued pursuant to this part.
Subpart 6.10_Identification and Exclusion of Persons From Vessels and
Waterfront Facilities
Sec. 6.10-1 Issuance of documents and employment of persons aboard
vessels.
No person shall be issued a document required for employment on a
merchant vessel of the United States nor shall any person be employed on
a merchant vessel of the United States unless the Commandant is
satisfied that the character and habits of life of such person are such
as to authorize the belief that the presence of the individual on board
would not be inimical to the security of the United States: Provided,
That the Commandant may designate categories of merchant vessels to
which the foregoing shall not apply.
[E.O. 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.
[E.O. 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
[[Page 65]]
with the safeguarding of the national security.
Subpart 6.12_Supervision and Control of Explosives or Other Dangerous
Cargo
Sec. 6.12-1 General supervision and control.
The Captain of the Port may supervise and control the
transportation, handling, loading, discharging, stowage, or storage of
hazardous materials on board vessels as covered by the regulations in 49
CFR parts 170-189, 46 CFR parts 150-156, 46 CFR parts 146-148 and the
regulations governing tank vessels (46 CFR parts 30-39).
[CGD 77-228, 43 FR 53427, Nov. 16, 1978]
Sec. 6.12-3 Approval of facility for dangerous cargo.
The Commandant may designate waterfront facilities for the handling
and storage of, and for vessel loading and discharging, explosives,
inflammable or combustible liquids in bulk, or other dangerous articles
or cargo covered by the regulations referred to in Sec. 6.12-1, and may
require the owners, operators, masters, and others concerned to secure
permits for such handling, storage, loading, and unloading from the
Captain of the Port, conditioned upon the fulfillment of such
requirements for the safeguarding of such waterfront facilities and
vessels as the Commandant may prescribe.
Subpart 6.14_Security of Waterfront Facilities and Vessels in Port
Sec. 6.14-1 Safety measures.
The Commandant, in order to achieve the purposes of this part, may
prescribe such conditions and restrictions relating to the safety of
waterfront facilities and vessels in port as he finds to be necessary
under existing circumstances. Such conditions and restrictions may
extend, but shall not be limited to, the inspection, operation,
maintenance, guarding, and manning of, and fire-prevention measures for,
such vessels and waterfront facilities.
[E.O. 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.
[E.O. 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
[[Page 66]]
interferes with the exercise of any power conferred by this title, the
vessel, together with her tackle, apparel, furniture, and equipment,
shall be subject to seizure and forfeiture to the United States in the
same manner as merchandise is forfeited for violation of the customs
revenue laws; and the person guilty of such failure, obstruction, or
interference shall be punished by imprisonment for not more than ten
years and may, in the discretion of the court, be fined not more than
$10,000.
(a) If any other person knowingly fails to comply with any
regulation or rule issued or order given under the provisions of this
title, or knowingly obstructs or interferes with the exercise of any
power conferred by this title, he shall be punished by imprisonment for
not more than ten years and may, at the discretion of the court, be
fined not more than $10,000.
Subpart 6.19_Responsibility for Security of Vessels and Waterfront
Facilities
Sec. 6.19-1 Primary responsibility.
Nothing contained in this part shall be construed as relieving the
masters, owners, operators, and agents of vessels or other waterfront
facilities from their primary responsibility for the protection and
security of such vessels or waterfront facilities.
[E.O. 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:
[[Page 67]]
(1) Coast Guard Regulations.
(2) Coast Guard Organization Manual.
(3) Coast Guard Reserve Policy Manual.
(4) Personnel Manual.
(5) Recruiting Manual.
(6) Military Justice Manual.
(7) Comptroller Manual.
(c) Temporary regulations and orders affecting Reservists are
included in instructions or notices in the Coast Guard directives
system.
(d) Other regulations that affect the Reserve are located in
Department of Defense and Department of the Navy regulations in Title 32
of the Code of Federal Regulations.
[CGD 96-026, 61 FR 33662, June 28, 1996, as amended by CGD 97-023, 62 FR
33362, June 19, 1997]
Sec. 8.7 Information.
(a) Information concerning the Coast Guard Reserve may be obtained
from Commandant (CG-131), Attn: Office of Reserve Affairs, U.S. Coast
Guard Stop 7907, 2703 Martin Luther King Jr. Avenue SE., Washington, DC
20593-7907.
(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, as amended by USCG-2010-0351,
75 FR 36278, June 25, 2010; USCG-2014-0410, 79 FR 38427, July 7, 2014]
PART 13_DECORATIONS, MEDALS, RIBBONS AND SIMILAR DEVICES--Table of Contents
Subpart 13.01_Gold and Silver Lifesaving Medals, Bars, and Miniatures
Sec.
13.01-1 General.
13.01-5 Gold and Silver Lifesaving Medals.
13.01-10 Gold and silver bars.
13.01-15 Applications and recommendations.
13.01-20 Definitions.
13.01-25 Description of Gold Lifesaving Medal.
13.01-30 Description of Silver Lifesaving Medal.
13.01-35 Description of gold and silver bars.
13.01-40 Miniature medals and bars.
13.01-45 Replacement of medals and bars.
Authority: Secs. 500, 633, 63 Stat. 536, 545, sec. 6(b)(1), 80 Stat.
938; 14 U.S.C. 500, 633; 49 U.S.C. 1655(b); 49 CFR 1.4 (a)(2) and (f).
Source: CGFR 68-134, 33 FR 18932, Dec. 19, 1968, unless otherwise
noted.
Subpart 13.01_Gold and Silver Lifesaving Medals, Bars, and Miniatures
Sec. 13.01-1 General.
Lifesaving Medals of gold and silver, designated as the Gold
Lifesaving Medal and the Silver Lifesaving Medal, respectively, may be
awarded by the Commandant, U.S. Coast Guard, hereinafter called the
Commandant, under 14 U.S.C. 500 and the regulations in this subpart to
persons rescuing or endeavoring to rescue any other person from
drowning, shipwreck or other peril of the water.