Purpose.

1.26-5 Sales of replacement medals. 1.26-10 Sales to Coast Guard Auxiliary. 1.26-15 Sales of nonexcess personal property and services.

1.26-20 Sales to eligible foreign governments.

1.26-25 Payment of charges.

Subpart 1.01-Delegation of
Authority

AUTHORITY: The provisions of this Subpart 1.01 issued under sec. 3, 60 Stat. 238, and sec. 633, 63 Stat. 545, R.S. 4405, as amended, 4462, as amended, sec. 2, 23 Stat. 118, as amended, sec. 2, 63 Stat. 496, as amended; 5 U.S.C. 552, 14 U.S.C. 2, 633, 46 U.S.C. 375, 416, 2.

SOURCE: The provisions of this Subpart 1.01 contained in CGFR 48-72, 13 F.R. 9330, Dec. 81, 1948, unless otherwise noted.

§ 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.

(a) Final authority is vested in the Officer in Charge, Marine Inspection, for the performance, within the area of his jurisdiction, of the following functions: inspection of vessels in order to determine that they comply with the applicable laws, rules, and regulations relating to safe construction, equipment, manning, and operation and that they are in a seaworthy condition for the services in which they are operated; shipyard and factory inspections; the investigation of marine casualties and accidents; the licensing, certificating, shipment and discharge of seamen; the investigating and initiating of action in cases of misconduct, negligence, or incompetence of merchant marine officers or seamen; and the enforcement of vessel inspection, navigation, and seamen's laws in general. Specific procedures for appealing the decisions of the Officer in Charge, Marine Inspection, or of his subordinates are set forth in 46 CFR Parts 1 to 4.

(b) This officer is also delegated authority to prescribe distinctive lights for ferryboats operated by different companies as provided by §§ 80.15, 90.18, and 95.27 of this chapter.

§ 1.01-30 Captains of the Port.

(a) Captains of the Port and their representatives have been delegated authority to enforce the regulations concerning anchorages and the movements of vessels within their assigned areas.

(b) The Representative of the Captain of the Port at Sault Ste. Marie, Michigan, is in charge of the St. Mary's River Patrol, and has authority to control the routing of traffic through the dredged channels contingent upon the physical conditions at the time, as provided in Part 92 of this chapter.

(c) Under authority conferred by 14 U.S.C. 89, any commissioned, warrant, or petty officer of the United States Coast Guard may assist in discharging the duties of the captain of the port in any port or adjacent navigable waters of the United States. They will do so under the supervision and general direction of the cognizant captain of the port, or representative of the captain of the port, if there be one for the locality involved. [CGFR 48-72, 13 F.R. 9330, Dec. 31, 1948, amended by CGFR 61-55, 26 F.R. 12570, Dec. 28, 1961]

Subpart 1.05-Rule Making

AUTHORITY: The provisions of this Subpart 1.05 issued under sec. 3, 60 Stat. 238, and sec. 633, 63 Stat. 545, R.S. 4405, as amended, 4462, as amended, sec. 2, 23 Stat. 118, as amended, sec. 2, 63 Stat. 496, as amended, 5 U.S.C. 1002, 14 U.S.C. 2, 633; 46 U.S.C. 375, 416, 2, unless otherwise noted.

SOURCE: The provisions of this Subpart 1.05 contained in CGFR 48-72, 13 F.R. 9330, Dec. 31, 1948, unless otherwise noted.

ERAL REGISTER, and will be distributed to interested parties for review and comment, upon request. Publication of the notice will be made approximately 30 days, or more if possible. before either the hearing or the final date for submission of comments, except that in certain cases circumstances may make it necessary to give less than 30 days' notice.

(b) Copies of the notice of proposed rule making or the full text of proposed regulations or type approvals of equipment will be distributed to interested parties for review and comment, so long as such copies are available. The notice will state where copies are available for inspection purposes only.

(a) When required by the provisions of the particular statute under which the proposed regulations are to be promulgated, a public hearing shall be held in accordance with the notice of proposed rule making unless an emergency exists or it is contrary to the public interest to hold such a hearing.

(b) When the proposed regulations regarding activities under the cognizance of the United States Coast Guard may be of such scope and future effect that it would be in the public interest and would tend to promote safety of life and property at sea, a public hearing may also be held to allow for the orderly presentation of comments, suggestions, and recommendations.

(R.S. 4233A, as amended, 4417a, as amended, 4472, as amended, sec. 1, 30 Stat. 96, as amended; 33 U.S.C. 353, 46 U.S.C. 391a, 170, 33 U.S.C. 157) [CGFR 48-72, 13 F.R. 9330, Dec. 31, 1948, as amended by CGFR 61-55, 26 F.R. 12570, Dec. 28, 1961]

§ 1.05-15 Hearings by Merchant Marine Council.

(a) The Merchant Marine Council conducts public hearings concerning proposed rules and regulations authorized by the navigation and vessel inspection laws and matters relating to type approvals of equipment, when meeting in a regular session in March, and at other times in special sessions when called by the Commandant, United States Coast Guard. Comments on the proposed regulations and other matters may be presented orally or in writing at the hearing or in writing before the hearing as specified in the notice of proposed rule making.