to a particular vessel may be made by the Commander, Military Sea Transportation Service, 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 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, U.S. Coast Guard, Washington, D.C. 20226. 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 Sea Transportation Service, or his duly designated representative, who submitted the application. One copy of the waiver order shall be transmitted to the Commandant (MVI) 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 F.R. 88, Jan. 6, 1965] § 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 necessary in the interest of national defense.

CROSS REFERENCE: See § 1.25-65 of this chapter for the fee for this record. [CGFR 51-9, 16 F.R. 1829, Feb. 27, 1951, as amended by CGFR 59-4a, 24 F.R. 3055, Apr. 21, 1959]

§ 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 55-49, 20 F.R. 8638, Nov. 23, 1955] $19.20 Service requirements for certification as able seaman or qualified member of the engine department.

(a) Because of the crew shortages occurring in the manning of merchant vessels, I hereby waive, as deemed necessary in the interest of national defense, compliance with the provisions of certain navigation and vessel inspection laws administered by the Coast Guard, as well as the regulations issued thereunder and published in this chapter, to the extent necessary to permit the manning of merchant vessels with persons holding ratings issued pursuant to this waiver order and who have complied with the alternate requirements set forth in this order.

(b) The provisions of section 672 of Title 46, United States Code, are waived to the extent necessary to permit the employment on board merchant vessels and to permit the issuance of a Merchant Mariner's Document with a rating of

"Able Seaman-Any Waters-12 months" to any person who has succesfully completed a Coast Guard approved course in a training school conducted by the National Maritime Union, the Seafarers' International Union, or other recognized maritime union or nonprofit organization together with satisfactory evidence of service in the deck department of a merchant vessel(s) for at least 6 months in any rating at sea or on the

Great Lakes, and who has passed the required professional and physical examinations described in Part 12 of this chapter.

(c) The provisions of section 672 of Title 46, United States Code, are waived to the extent necessary to permit the employment on board merchant vessels and to permit the issuance of a Merchant Mariner's Document with a rating "Qualified Member of the Engine Department" (QMED) as oiler, fireman and/or watertender to any person who has successfully completed a Coast Guard approved course in a training school conducted by the National Maritime Union, the Seafarers' International Union, or other recognized maritime union or nonprofit organization together with satisfactory evidence of service in the engine department of a merchant vessel(s) for at least 3 months in a rating at least equal to that of coal passer or wiper and who has passed the required professional and physical examinations described in Part 12 of this chapter.

(d) Any organization desiring to have a course of training approved by the Coast Guard shall submit a letter request to the Commandant (MVP), U.S. Coast Guard, Washington, D.C. 20591, including descriptions of the proposed course, text books (if any), facilities, maximum class size, instructors, etc., as well as such other information which will show that graduates have been trained in the tasks covered by the rating(s) desired to be issued to such persons.

(e) No application from an alien for consideration under this waiver order shall be accepted unless the alien first complies with the requirements of § 12.02-10 of this chapter with respect to proof that he is lawfully admitted to the United States for permanent residence.

(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 waiver order.

(g) This waiver order shall remain in effect until December 31, 1971, unless sooner terminated by notice of cancellation published in the FEDERAL REGISTER. [32 F.R. 12794, Sept. 7, 1967, as amended by CGFR 69-123, 34 F.R. 19076, Dec. 2, 1969]

23.10 Coast Guard emblem.

23.15 Coast Guard ensign.

23.20 23.25 23.30

Coast Guard commission pennant.
Coast Guard aircraft markings.
Penalty.

AUTHORITY: The provisions of this Part 23 issued under secs. 633, 639, 63 Stat. 546; 14 U.S.C. 638, 639, E.O. 10707, 22 F.R. 3211, 3 CFR, 1957 Supp.

SOURCE: The provisions of this Part 23 contained in CGFR 57-35, 22 F.R. 6765, Sept. 22, 1957, unless otherwise noted.

§ 23.01 Basis and purpose.

(a) This subpart establishes instructions for the display of distinctive markings of Coast Guard vessels and aircraft, including Coast Guard ensign and commission pennant and Coast Guard emblem.

(b) Coast Guard vessels and aircraft are distinguished from other vessels and aircraft by an ensign; a personal flag, command pennant, or commissioned pennant, if so authorized; or other identifying insignia or marking.

[CGFR 57-35, 22 F.R. 6765, Sept. 22, 1957, as amended by CGFR 66-67, 31 F.R. 15239, Dec. 6 1966]

§ 23.05

Where and when displayed.

(a) The Coast Guard Ensign is a mark of authority and is required to be displayed whenever a Coast Guard vessel takes active measures in connection with boarding, examining, seizing, stopping or heaving to of a vessel for the purposes of enforcing the laws of the United States. The distinctive markings of Coast Guard aircraft serve the same purpose.

(b) The Coast Guard Commission pennant indicates a Coast Guard cutter under the command of a commissioned officer or commissioned warrant officer.

(c) When applicable, these distinctive marks shall be displayed, the Coast Guard Ensign at the masthead of the foremast, and the commission pennant at the after masthead. On ships having but one mast the Coast Guard Ensign and commission pennant shall be at the

masthead on the same halyard. In mastless ships they shall be displayed from the most conspicuous hoist.

[CGFR 67-26, 32 F.R. 6576, Apr. 28, 1967] § 23.10 Coast Guard emblem.

(a) The distinctive emblem of the Coast Guard shall be as follows:

On a disc the shield of the Coat of Arms of the United States circumscribed by an annulet edged and inscribed "UNITED STATES COAST GUARD 1790" all in front of two crossed anchors.

(b) The emblem in full color is described as follows:

White anchors and white ring all outlined in medium blue (Coast Guard blue), letters and numerals medium blue (Coast Guard blue), white area within ring, shield with medium blue (Coast Guard blue) chief and 13 alternating white and red (Coast Guard red) stripes (7 white and 6 red) with narrow medium blue (Coast Guard blue) outline.

(c) The Coast Guard emblem is intended primarily for use as identification on Coast Guard ensigns, flags, pennants, vessels, aircraft, vehicles, and shore units. It may also be reproduced for use on such items as stationery, clothing, jewelry, etc.

(d) Civilian firms desiring to reproduce the Coast Guard emblem must obtain approval from the Commandant, U.S. Coast Guard, Washington, D.C. [CGFR 67-26, 32 F.R. 6577, Apr. 28, 1967] § 23.15 Coast Guard ensign.

The Coast Guard ensign has sixteen perpendicular stripes alternate red and white, beginning with the red at the hoist. In the upper quarter, next to the hoist, is the union, being the Coat of Arms of the United States, in dark blue on a white field, half of the length of the flag, and extending down the hoist halfway. The distinctive emblem of the Coast Guard in blue and white is placed with its center on a line with the lower edge of the union and over the center of the seventh vertical red stripe from the hoist of the flag, the emblem covering a horizontal space of three stripes. § 23.20

nant.

Coast Guard commission pen

The Coast Guard commission pennant shall have the union part composed of thirteen white stars in a horizontal line on a blue field, one-fourth the length of

the pennant; the remaining threefourths shall consist of sixteen vertical stripes of equal width, alternate red and white, beginning with the red, and a tail piece of red about one-fifth the entire length of the pennant, ending in a swallow tail. § 23.25

Coast Guard aircraft markings. (a) Fixed wing aircraft of the Coast Guard have the following distinctive markings:

(1) The National Insigna shall be applied to the top side of the left wing, the under side of the right wing and on both sides of the fuselage in a conspicuous place.

(2) The letters "usca" shall be applied in black to the top side of the right wing and the under side of the left wing.

(3) The name "u. s. COAST GUARD" shall be applied in black on both sides of the fuselage or hull.

(4) The Coast Guard emblem shall be applied to each side of the fuselage or hull in the vicinity of the pilot's compartment.

(5) Aircraft specifically adapted for search and rescue shall in addition have wing tips painted fluorescent red orange and a fluorescent red orange band around the body forward of the horizontal stabilizer.

(b) Rotary wing aircraft (helicopters) of the Coast Guard have the following distinctive markings:

(1) The National Insignia shall be applied to both sides of the helicopter.

(2) The letters "USCG" shall be applied in black to the under side of the body or tail cone.

(3) The name "U.S. COAST GUARD" shall be applied in black on both sides of the fuselage or tail cone.

(4) The Coast Guard emblem shall be applied on both sides of the fuselage. [CGFR 57–35, 22 F.R. 6765, Sept. 22, 1957, as amended by CGFR 61-61, 26 F.R. 12693, Dec. 29, 1961]

§ 24.5

Application of this part.

This part applies to any program for which Federal financial assistance is authorized under a law administered by the Coast Guard, including the Federally-assisted programs and activities listed in § 24.60. It applies to money paid, property transferred, or other Federal financial assistance extended under any such program after the effective date of the regulation pursuant to an application approved prior to such effective date. This part does not apply to (a) any Federal financial assistance by way of insurance or guaranty contracts, (b) money paid, property transferred, or other assistance extended under any such program before the effective date of this part, (c) any assistance to any individual who is the ultimate beneficiary

under any such program, or (d) any employment practice, under any such program, of any employer, employment agency, or labor organization. The fact that a program or activity is not listed in § 24.60 shall not mean, if Title VI of the Act is otherwise applicable, that such program is not covered. Other programs under statutes now in force or hereinafter enacted may be added to this section by notice published in the FEDERAL REGISTER.

§ 24.10 Discrimination prohibited.

(a) General. No person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program to which this part applies.

(b) Specific discriminatory actions prohibited. (1) A recipient under any program to which this part applies may not, directly or through contractual or other arrangements, on ground of race, color, or national origin:

(i) Deny an individual any service, financial aid, or other benefit provided under the program;

(ii) Provide any service, financial aid, or other benefit to an individual which is different, or is provided in a different manner, from that provided to others under the program;

(iii) Subject an individual to segregation or separate treatment in any matter related to his receipt of any service, financial aid, or other benefit under the program;

(iv) Restrict an individual in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service, financial aid, or other benefit under the program;

(v) Treat an individual differently from others in determining whether he satisfies any admission, enrollment, quota, eligibility, membership or other requirement or condition which individuals must meet in order to be provided any service, financial aid, or other benefit provided under the program;

(vi) Deny any individual an opportunity to participate in the program through the provision of services or otherwise or afford him an opportunity to do so which is different from that afforded others under the program.

(2) A recipient, in determining the types of services, financial aid, or other benefits, or facilities which will be pro

vided under any such program, or the class of individuals to whom, or the situations in which such services, financial aid, other benefits, or facilities will be provided under any such program, or the class of individuals to be afforded an opportunity to participate in any such program, may not, directly or through contractual or other arrangements, utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, or national origin, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program as respect individuals of a particular race, color, or national origin.

(3) As used in this section the services, financial aid, or other benefits provided under a program receiving Federal financial assistance shall be deemed to include any service, financial aid, or other benefit provided in or through a facility provided with the aid of Federal financial assistance.

(4) The enumeration of specific forms of prohibited discrimination in this paragraph does not limit the generality of the prohibition in paragraph (a) of this section.

(5) A recipient may not take action that is calculated to bring about indirectly what this part forbids it to accomplish directly.

(a) General. (1) Every application for Federal financial assistance to carry out a program to which this part applies, and every application for Federal financial assistance to provide a facility shall, as a condition to its approval and the extension of any Federal financial assistance pursuant to the application, contain or be accompanied by an assurance that the program will be conducted or the facility operated in compliance with all requirements imposed by or pursuant to this part. In the case of an application for Federal financial assistance to provide real property or structures thereon, the assurance shall obligate the recipient, or, in the case of a subsequent transfer, the transferee, for the period during which the real property or structures are used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. In the case of personal property the assurance shall