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Subpart 1.01-Delegation of
Authority

AUTHORITY: 14 U.S.C. 633; 49 U.S.C. 322; Sec. 6079(d), Pub. L. 100-690, 102 Stat. 4181; 49 CFR 1.45(b), 1.46; section 1.01-70 also issued under the authority of E.O. 12316, 46 FR 42237.

§ 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]

§ 1.01-20 Officer in Charge, Marine Inspection.

(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.

[CGFR 48-72, 13 FR 9330, Dec. 31, 1948]

§ 1.01-30 Captains of the Port.

(a) 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 of vessels; waterfront facilities; security zones; safety zones; regulated navigation areas; deepwater ports; water pollution, and ports and waterways safety.

(b) [Reserved]

(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 FR 9330, Dec. 31, 1948, as amended by CGFR 61-55, 26 FR 12570, Dec. 28, 1961; CGD 77-091, 42 FR 48022, Sept. 22, 1977; CGD 78-079b, 48 FR 30619, July 5, 1983]

§ 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 or 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.

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