1625-0002 Stat/Authority

§ 5.905

46 CFR Ch. I (10–1–11 Edition)

and recommendation,
mandant.

to

the

published in 33 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 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
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

Com-

[CGD 82–002, 50 FR 32184, Aug. 9, 1985, as
amended by USCG–2006–24371, 74 FR 11215,
Mar. 16, 2009; USCG–2009–0702, 74 FR 49224,
Sept. 25, 2009]

§ 5.905 Commandant’s decision on application.
(a) The applicant’s letter and application form, as well as the evaluation
and recommendation, are referred to a
special board appointed by the Commandant. The board examines all the
material submitted with the application and such other information as
may, in the judgment of the board, be
considered appropriate. The board shall
submit its findings and recommendation to the Commandant.
(b) The Commandant shall determine
whether or not a new credential or endorsement will be issued. The applicant
will be notified by letter of such determination.
[CGD 82–002, 50 FR 32184, Aug. 9, 1985, as
amended by USCG–2006–24371, 74 FR 11215,
Mar. 16, 2009]

PART 6—WAIVERS OF NAVIGATION
AND VESSEL INSPECTION LAWS
AND REGULATIONS 1
Sec.
6.01 Procedures for effecting individual
waivers of navigation and vessel inspection laws and regulations.
6.04 Vessels requisitioned by the United
States for emergency evacuation.
6.06 Vessels operated by or chartered to
Military Sealift Command.
6.07 Chronological record of seaman’s previous employment.
AUTHORITY: Act Dec. 27, 1950, Ch. 1155, secs.
1, 2, 64 Stat. 1120 (see 46 U.S.C. App. note
prec. 1); Department of Homeland Security
Delegation No. 0170.1.

§ 6.01 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
1 This

is also codified in 33 CFR part 19.

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Coast Guard, DHS

§ 6.06

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

§ 6.04 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 Public Law 891, 81st Congress, approved December 27, 1950, compliance with the provisions of the navigation and vessel inspection laws administered by the United States Coast
Guard is hereby waived, as well as the
regulations issued thereunder and published in 33 CFR chapter I or 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. Redesignated by CGFR 69–123, 34 FR 19076, Dec. 2,
1969]

§ 6.06 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 Public Law 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 writing. The application shall be delivered

[CGFR 51–10, 16 FR 1959, Mar. 1, 1951. Redesignated by CGFR 69–123, 34 FR 19076, Dec. 2,
1969; CGD 96–041, 61 FR 50726, Sept. 27, 1996;
USCG-2004–18884, 69 FR 58342, Sept. 30, 2004]

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§ 6.07

46 CFR Ch. I (10–1–11 Edition)

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–543), U.S. Coast
Guard, 2100 2nd St. SW., Stop 7581,
Washington, DC 20593–7581. 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 Sea Transportation Service 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
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 (G-MOC) 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.
[CGFR 64–86, 30 FR 89, Jan. 6, 1965. Redesignated by CGFR 69–123, 34 FR 19076, Dec. 2,
1969, and amended by CGD 88–070, 53 FR 34533,
Sept. 7, 1988; CGD 88–070, 54 FR 3038, Jan. 23,
1989; CGD 95–072, 60 FR 50459, Sept. 29, 1995;
CGD 96–041, 61 FR 50726, Sept. 27, 1996; USCG2004–18884, 69 FR 58342, Sept. 30, 2004; USCG–
2009–0702, 74 FR 49224, Sept. 25, 2009]

§ 6.07 Chronological record of
man’s previous employment.

(a) Compliance is hereby waived with
regard to the provisions of 46 U.S.C.
10311(c), 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 46 U.S.C.

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Coast Guard, DHS

§ 7.5
7.145 Strait of Juan de Fuca, Haro Strait
and Strait of Georgia, WA.

10311(c), is necessary in the interest of
national defense.

ALASKA

[CGFR 51–9, 16 FR 1830, Feb. 27, 1951, as
amended by CGFR 59–4a, 24 FR 3055, Apr. 21,
1959. Redesignated by CGFR 69–123, 34 FR
19076, Dec. 2, 1969, as amended by CGD 95–028,
62 FR 51195, Sept. 30, 1997]

7.150 Canadian (BC) and United States (AK)
Borders to Cape Spencer, AK.
7.155 Cape Spencer, AK to Cape St. Elias,
AK.
7.160 Point Whitshed, AK to Aialik Cape,
AK.
7.165 Kenai Peninsula, AK to Kodiak Island,
AK.
7.170 Alaska Peninsula, AK to Aleutian Islands, AK.
7.175 Alaska Peninsula, AK to Nunivak, AK.
7.180 Kotzebue Sound, AK.

PART 7—BOUNDARY LINES
GENERAL
Sec.
7.1 General purpose of boundary lines.
7.5 Rules for establishing boundary lines.
ATLANTIC COAST

AUTHORITY: 14 U.S.C. 633; 33 U.S.C. 151, 1222;
Department of Homeland Security Delegation No. 0170.1.

7.10
7.15
7.20

Eastport, ME to Cape Ann, MA.
Massachusetts Bay, MA.
Nantucket Sound, Vineyard Sound,
Buzzards Bay, Narragansett Bay, MA,
Block Island Sound and easterly entrance to Long Island Sound, NY.
7.25 Montauk Point, NY to Atlantic Beach,
NY.
7.30 New York Harbor, NY.
7.35 Sandy Hook, NJ to Cape May, NJ.
7.40 Delaware Bay and tributaries.
7.45 Cape Henlopen, DE to Cape Charles,
VA.
7.50 Chesapeake Bay and tributaries.
7.55 Cape Henry, VA to Cape Fear, NC.
7.60 Cape Fear, NC to Sullivans Island, SC.
7.65 Charleston Harbor, SC.
7.70 Folly Island, SC to Hilton Head Island,
SC.
7.75 Savannah River/Tybee Roads.
7.80 Tybee Island, GA to St. Simons Island,
GA.
7.85 St. Simons Island, GA to Little Talbot
Island, FL.
7.90 St. Johns River, FL.
7.95 St. Johns Point, FL to Miami Beach,
FL.
7.100 Florida Reefs and Keys from Miami,
FL to Marquesas Keys, FL.

SOURCE: CGD 81–058, 50 FR 25230, June 18,
1985, unless otherwise noted.

GENERAL
§ 7.1 General
lines.

of

boundary

The lines in this part delineate the
application of the following U.S. statutes: 33 U.S.C. 152 relating to the
length of towing hawsers; 33 U.S.C. 1201
et seq., the Vessel Bridge-to-Bridge Radiotelephone Act; 46 U.S.C. 5102(b)(6),
which exempt from load line requirements certain vessels on domestic voyages; 46 U.S.C. 3301(6) requiring the inspection of seagoing barges which are
defined in 46 U.S.C. 2101(32); 46 U.S.C.
3301(7) requiring the inspection of seagoing motor vessels which are defined
in 46 U.S.C. 2101(33); 46 U.S.C. 3302(d)
which exempts from inspection requirements certain vessels under 150
gross tons that operate within the waters of southeastern Alaska and the
State of Washington; and 46 U.S.C. 8304,
‘‘Implementing the Officers’ Competency Certificates Convention, 1936.’’

GULF COAST
7.105 Marquesas Keys, FL to Rio Grande,
TX.
HAWAII
7.110

purpose

[CGD 81–058, 50 FR 25230, June 18, 1985, as
amended by CGD 95–028, 62 FR 51195, Sept. 30,
1997; USCG-1998–4442, 63 FR 52188, Sept. 30,
1998]

Mamala Bay, HI.
PACIFIC COAST

7.115 Santa Catalina Island, CA.
7.120 Mexican/United States border to Point
Fermin, CA.
7.125 Point Vincente, CA to Point Conception, CA.
7.130 Point Conception, CA to Point Sur,
CA.
7.135 Point Sur, CA to Cape Blanco, OR.
7.140 Cape Blanco, OR to Cape Flattery,
WA.

§ 7.5 Rules for establishing boundary
lines.
(a) For application of the Vessel
Bridge-to-Bridge Radiotelephone Act,
33 U.S.C. 1201 et seq., the line is 12 nautical miles seaward of the baseline
from which the territorial sea is measured.

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