1625-0002 Stat/Authority

Coast Guard, DHS

Pt. 19
‘‘20X8533—United States Coast Guard,
General Gift Fund.’’ Funds so deposited
shall be subject to disbursement by or
at the direction of the Commandant,
United States Coast Guard, for the benefit or use of the designated school,
hospital, library, museum, chapel, or
other institution or organization under
the jurisdiction of the United States
Coast Guard subject to the terms of the
particular gift, devise, or bequest.
(c) 10 U.S.C. 2601(c) states that any
gift, devise, or bequest of property, real
or personal, accepted under these provisions shall be deemed to be a gift, devise, or bequest to or for the use of the
United States for the purpose of Federal income, estate, and gift taxes.

establishment,
operation,
maintenance, or administration of any school,
hospital, library, museum, chapel, or
other institution or organization under
the jurisdiction of the United States
Coast Guard.
[CGFR 61–36, 26 FR 9321, Oct. 3, 1961]

§ 17.01–10 Authority to receive gifts.
(a) The Commandant, United States
Coast Guard, may accept, receive, hold,
or administer gifts, devises, or bequests
of property, real or personal, made on
the condition that they be used for the
benefit of, or in connection with, the
establishment,
operation,
maintenance, or administration of any school,
hospital, library, museum, chapel, or
other institution or organization under
the jurisdiction of the United States
Coast Guard. The Commandant is authorized to pay all necessary fees,
charges, and expenses in connection
with the conveyance or transfer of any
such gifts, devises, or bequests.
(b) The Commandant may authorize
or designate officers of the United
States Coast Guard to accept gifts, devises, or bequests.

[CGFR 53–18, 18 FR 3171, June 3, 1953, as
amended by CGFR 61–36, 26 FR 9321, Oct. 3,
1961]

§ 17.05–10 Instructions for administration.
The Commandant, United States
Coast Guard, will issue such detailed
instructions as may be necessary for
the administration of the ‘‘United
States Coast Guard General Gift Fund’’
or for the acceptance, operation, or
maintenance of property, real or personal, that may be accepted for the
benefit of or in connection with any
school, hospital, library, museum,
chapel, or other institution or organization under the jurisdiction of the
United States Coast Guard subject to
the terms and conditions of any particular gift, devise, or bequest.

[CGFR 53–18, 18 FR 3171, June 3, 1953, as
amended by CGFR 61–36, 26 FR 9321, Oct. 3,
1961]

Subpart 17.05—Administration
§ 17.05–1 Gifts.
The gifts or bequests may be in
money or negotiable instrument form.
If in the form of a money order, check,
etc., it should be made payable to the
Treasurer of the United States.

[CGFR 61–36, 26 FR 9321, Oct. 3, 1961]

PART 19—WAIVERS OF NAVIGATION AND VESSEL INSPECTION
LAWS AND REGULATIONS 1

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[CGFR 53–18, 18 FR 3171, June 3, 1953]

§ 17.05–5 Acceptance and disbursement of gifts.
(a) The immediate receiving person
shall give a proper receipt on the proper form used by the United States
Coast Guard to acknowledge receipt of
collections to the donor of a gift or bequest of money or for the proceeds
from a sale of property received as a
gift or devise.
(b) Gifts or bequests of money, or the
proceeds from sales of property received as gifts or devises shall be deposited in the Treasury of the United
States
under
symbol
and
title

Sec.
19.01 Procedures for effecting individual
waivers of navigation and vessel inspection laws and regulations.
19.04 Vessels requisitioned by the United
States for emergency evacuation.
19.06 Vessels operated by or chartered to
Military Sealift Command.
19.07 Chronological record of seaman’s previous employment.
19.15 Permits for commercial vessels handling explosives at military installations.
1 Also

codified as 46 CFR part 6.

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§ 19.01

33 CFR Ch. I (7–1–16 Edition)

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AUTHORITY: Sec. 1, 64 Stat. 1120, sec. 6(b)(1),
80 Stat. 937; 46 U.S.C. note prec. 1, 49 U.S.C.
108; Department of Homeland Security Delegation No. 0170.1.

as to require that the waiver be made
effective by him without reference to
the Commandant. In any case in which
it appears to the Coast Guard officer
concerned that reference of the application to the Commandant for action
would not delay the sailing of the vessel or otherwise be contrary to the interest of national defense, the application shall be so referred. In all other
cases such Coast Guard officer shall
give immediate consideration to the
application and if he reaches the conclusion that the urgency of the situation outweighs the marine hazard involved, then such waiver shall be made
effective in regard to such vessel to the
extent and under the circumstances
specified by him.
(c) The Coast Guard officer making
such a waiver effective pursuant to
paragraph (b) of this section shall immediately prepare, in triplicate, an
order setting forth the name of the vessel involved, the laws (also regulations,
if any) with respect to which the waiver is effective, the extent to which
compliance with such laws (also regulations, if any) is waived, and the period for which the waiver shall be effective. If practicable, one copy of this
order shall be delivered to the master
of the vessel involved before such vessel sails. In any case where the order is
not delivered to the master, it shall be
delivered to the owner, operator, or
agent of the vessel without delay. One
copy of the order shall be transmitted
to the Commandant and the remaining
copy kept on file.
(d) In any case of extreme urgency
the application for a waiver may be
made orally and if the Coast Guard
District Commander (or his designated
representative or the designated representative of the Commandant, as the
case may be) reaches the conclusion referred to in paragraph (b) of this section, the waiver shall be made effective
without further delay, subject to the
condition that the application be reduced to writing and delivered within
such period after the date of the oral
request as the Coast Guard officer
making the waiver effective shall
specify in the order.
(e) No penalty shall be imposed because of failure to comply with any
provision of law (or regulation, if any),

§ 19.01 Procedures for effecting individual waivers of navigation and
vessel inspection laws and regulations.
(a) It is hereby found necessary in
the interest of national defense to
waive compliance with the navigation
and vessel inspection laws administered by the Coast Guard, as well as
the regulations issued thereunder and
contained in 46 CFR Chapter I or in
this chapter, to the extent and in the
manner and upon the terms and conditions as set forth in this section.
(b) An application requesting that a
waiver be made effective with respect
to a particular vessel may be made by
any authorized representative of an
agency of the United States Government or any other interested person
(including the master, agent, or owner
of the vessel involved). Except as provided in paragraph (d) of this section,
the application shall be in writing. The
application shall be delivered to the
Coast Guard District Commander or to
his designated representative at the
port or place where the vessel is located. In the case of a vessel in any
port or place of the Canal Zone or in
any foreign port or place, the application shall be made to the designated
representative of the Commandant at
such port or place, or if the Coast
Guard has not established facilities in
such port or place, to the nearest designated representative of the Commandant at a port or place where such
facilities have been established. Every
application shall contain a statement
of the particular provisions of law with
respect to which waiver of compliance
is requested, a certification that the
waiver of compliance with such laws
with respect to the vessel involved is
necessary in the interest of national
defense and, an outline of the facts
upon which such certification is based.
The Coast Guard District Commander
(or his designated representative or the
designated representative of the Commandant, as the case may be) shall
promptly examine every application
for the purpose of determining whether
the necessity for prompt action is such

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Coast Guard, DHS

§ 19.06

the waiver of which has been made effective pursuant to the requirements in
this section.

ing. The application shall be delivered
to the Coast Guard District Commander or to his designated representative at the port or place where the
vessel is located. In the case of a vessel
in any foreign port or place, the application shall be made to the designated
representative of the Commandant at
such port or place, or if the Coast
Guard has not established facilities in
such port or place, to the nearest designated representative of the Commandant at a port or place where such
facilities have been established, or to
the Commandant (CG–CVC), Attn: Office of Commercial Vessel Compliance,
U.S. Coast Guard Stop 7501, 2703 Martin
Luther King Jr. Avenue SE., Washington, DC 20593–7501. Every application shall:
(1) Describe the laws and/or regulations by appropriate references and/or
subjects with respect to which the
waiver of compliance is desired;
(2) Contain a certification that the
waiver of compliance with such laws
and/or regulations with respect to the
vessel involved is necessary in the interest of national defense and is necessary for the Military Sealift Command to carry out an assigned mission;
(3) The name and official number of
the vessel involved (including the
names of master, agent, and owner of
the vessel involved); and
(4) For how long the waiver is needed.
(c) The Coast Guard officer making
the waiver in paragraph (a) of this section effective for a particular vessel
shall immediately prepare, in quadruplicate, an order setting forth:
(1) The name and official number of
the vessel involved;
(2) The laws and/or regulations with
respect to which the waiver is effective;
(3) The extent to which compliance
with such laws and/or regulations is
waived; and
(4) The period for which the waiver
shall be effective.
(d) If practicable, one copy of this
waiver order shall be delivered to the
master of the vessel involved before
such vessel sails. In any case where the
waiver order is not delivered to the
master, it shall be delivered to the
owner, operator, or agent of the vessel
without delay. One copy of the waiver

[CGFR 51–10, 16 FR 1959, Mar. 1, 1951]

§ 19.04 Vessels requisitioned by the
United States for emergency evacuation.
Pursuant to the request of the Acting
Secretary of Defense, dated November
21, 1951, made under the provisions of
section 1 of Pub. L. 891, 81st Congress,
approved December 27, 1950, compliance
is hereby waived with the provisions of
the navigation and vessel inspection
laws administered by the United States
Coast Guard, as well as the regulations
issued thereunder and contained in this
chapter, to the extent necessary to permit the operation of vessels which
might be requisitioned by the United
States for the purpose of emergency
evacuation.
[CGFR 51–61, 16 FR 12792, Dec. 20, 1951]

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§ 19.06 Vessels operated by or chartered to Military Sealift Command.
(a) Pursuant to the request of the
Deputy Secretary of Defense, dated August 6, 1958, and to the request of the
Assistant Secretary of Defense, Installations and Logistics, dated May 23,
1964, made under the provisions of section 1 of Pub. L. 891, 81st Congress, approved December 27, 1950 (64 Stat. 1120;
46 U.S.C., note preceding section 1), and
their findings that a waiver is necessary in the interest of national defense, compliance with the provisions
of the navigation and vessel inspection
laws administered by the United States
Coast Guard, as well as the regulations
issued thereunder and contained in 33
CFR Chapter I, or in this chapter, is
hereby waived to the extent and upon
the terms and conditions as set forth in
this section, in order to permit vessels
operated by or chartered to the Military Sealift Command to carry out
their assigned missions.
(b) An application requesting that
this waiver be made effective with respect to a particular vessel may be
made by the Commander, Military Sealift Command, or any one of his duly
designated representatives. Except as
provided in paragraph (e) of this section, the application shall be in writ-

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§ 19.07

33 CFR Ch. I (7–1–16 Edition)

order shall be delivered to the Commander, Military Sealift Command, or
his duly designated representative, who
submitted the application. One copy of
the waiver order shall be transmitted
to the Commandant (CG-CVC) and the
remaining copy kept on file.
(e) In any case of extreme urgency,
the application for a waiver order may
be made orally and if the Coast Guard
District Commander (or his designated
representative, or the designated representative of the Commandant, or the
Commandant, as the case may be), determines that the conditions in this
section have been met, the waiver
order shall be made effective without
further delay, subject to the condition
that the application be reduced to writing and delivered within such period
after the date of the oral request as the
Coast Guard officer making the waiver
effective shall specify in the confirming written waiver order.
(f) No penalty shall be imposed because of failure to comply with any
provision of law and/or regulation, the
waiver of which has been made effective pursuant to the requirements of
this section.
(g) This waiver order shall remain in
effect until terminated by proper authority and notice of cancellation is
published in the FEDERAL REGISTER.

necessary in the interest of national
defense.
[CGFR 51–9, 16 FR 1829, Feb. 27, 1951, as
amended by CGFR 59–4a, 24 FR 3055, Apr. 21,
1959]
CROSS REFERENCE: See 49 CFR 7.93 for the
fee for this record.

§ 19.15 Permits for commercial vessels
handling explosives at military installations.
Pursuant to the request of the Secretary of Defense in a letter dated October 19, 1955, made under the provisions of section 1 of the act of December 27, 1950 (64 Stat. 1120; 46 U.S.C.,
note prec. 1), I hereby waive in the interest of national defense compliance
with the provisions of R.S. 4472, as
amended (46 U.S.C. 170), and the regulations promulgated thereunder in part
146 of this chapter to the extent that
no quantitative restrictions, based on
considerations of isolation and remoteness, shall be required by the Coast
Guard for commercial vessels loading
or unloading explosives at the Department of Defense waterfront installations. This waiver shall not relieve a
commercial vessel loading or unloading
explosives at the Department of Defense waterfront installations from the
requirement of securing a permit from
the Coast Guard for such operations
with respect to quantitative or other
restrictions imposed by the Coast
Guard on the basis of each vessel’s ability to meet prescribed stowage and
handling requirements.

[CGFR 64–86, 30 FR 88, Jan. 6, 1965, as amended by CGD 88–052, 53 FR 25119, July 1, 1988;
CGD 96–026, 61 FR 33662, June 28, 1996; USCG–
2004–18057, 69 FR 34925, June 23, 2004; USCG–
2010–0351, 75 FR 36278, June 25, 2010; USCG–
2014–0410, 79 FR 38427, July 7, 2014]

[CGFR 55–49, 20 FR 8638, Nov. 23, 1955]

PART 20—RULES OF PRACTICE,
PROCEDURE, AND EVIDENCE
FOR FORMAL ADMINISTRATIVE
PROCEEDINGS OF THE COAST
GUARD

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§ 19.07 Chronological record of seaman’s previous employment.
(a) Compliance is hereby waived with
regard to the provisions of subsection
(h) of R.S. 4551, as amended (46 U.S.C.
643), to the extent necessary to permit
the Commandant of the United States
Coast Guard to issue a chronological
record of a seaman’s previous employment on a single document, in lieu of
making individual entry in a duplicate
continuous discharge book or furnishing individual certificates of discharge.
(b) It is hereby found that the
waiving of the provisions of R.S.
4551(h), as amended (46 U.S.C. 643), is

Subpart A—General
Sec.
20.101
20.102
20.103

Scope.
Definitions.
Construction and waiver of rules.

Subpart B—Administrative Law Judges
20.201
20.202
20.203
20.204

Assignment.
Powers.
Unavailability.
Withdrawal or disqualification.

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