cfr_sections
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17 rows where part_number = 1 and title_number = 46 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 46:46:1.0.1.1.1.1.1.1 | 46 | Shipping | I | A | 1 | PART 1—ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS | 1.01 | Subpart 1.01—Organization and General Flow of Functions | § 1.01-05 Definitions of terms used in this part. | USCG | [CGD 88-033, 54 FR 50376, Dec. 6, 1989, as amended by USCG-2006-24520, 71 FR 35818, June 22, 2006; USCG-2006-24371, 74 FR 11213, Mar. 16, 2009] | (a) The term Commandant means the Commandant of the Coast Guard. (b) The term District Commander means an officer of the Coast Guard designated as such by the Commandant to command all Coast Guard activities within a district. (c) The term Area Commander means an officer of the Coast Guard designated as such by the Commandant to command all Coast Guard activities within an Area. (d) The term Credential means any or all of the following: (1) Merchant mariner's document. (2) Merchant mariner's license. (3) STCW endorsement. (4) Certificate of registry. (5) Merchant mariner credential. (e) The term Merchant mariner credential or MMC means the credential issued by the Coast Guard under 46 CFR part 10. It combines the individual merchant mariner's document, license, and certificate of registry enumerated in 46 U.S.C. subtitle II part E as well as the STCW endorsement into a single credential that serves as the mariner's qualification document, certificate of identification, and certificate of service. | |||
| 46:46:1.0.1.1.1.1.1.2 | 46 | Shipping | I | A | 1 | PART 1—ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS | 1.01 | Subpart 1.01—Organization and General Flow of Functions | § 1.01-10 Organization. | USCG | [CGD 88-033, 54 FR 50376, Dec. 6, 1989] | (a) The Commandant is the head of the agency and exercises overall direction over the policy and administration of the Coast Guard. (b) To carry out the regulatory and enforcement aspects of marine safety, the staff officers designated in this paragraph are assigned to the Commandant. The chain of military command is directly from the Commandant to the District Commanders, except for marine safety regulatory and enforcement matters within the area of responsibility of Coast Guard Activities Europe. For Activities Europe, the chain of command is from the Commandant to the Atlantic Area Commander. The staff officers at Headquarters act only on the basis of the Commandant's authority and direction. (c) The Deputy for Operations Policy and Capabilities (CG-DCO-D), under the general direction of the Commandant, directs, supervises, and coordinates the activities of the Assistant Commandant for Response (CG-5R), the Assistant Commandant for Prevention Policy (CG-5P), and the Director of Operations Resource Management (CG-DCO-R). (1) CG-5R directs, supervises, and coordinates the activities of: (i) The Director of Incident Management and Preparedness Policy (CG-5RI), including— (A) The Office of Environmental Response Policy (CG-MER), (B) The Office of Search and Rescue (CG-SAR), and (C) The Office of Crisis and Contingency Planning and Exercise Policy (CG-CPE); and (ii) The Director of Law Enforcement, Maritime Security and Defense Operations Policy (CG-5RE) including: (A) The Office of Law Enforcement Policy (CG-MLE), (B) The Office of Maritime Security Response Policy (CG-MSR), and (C) The Office of Counterterrorism and Defense Operations Policy (CG-DOD). (2) CG-5P directs, supervises and coordinates the activities of: (i) The Director of Commercial Regulations and Standards (CG-5PS) including (A) The Office of Design and Engineering Standards (CG-ENG), (B) The Office of Merchant Mariner Credentialing (CG-MMC), (C) The Office of Operating and Environmental Standards (CG-OES), and (D) The Office of St… | |||
| 46:46:1.0.1.1.1.1.1.3 | 46 | Shipping | I | A | 1 | PART 1—ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS | 1.01 | Subpart 1.01—Organization and General Flow of Functions | § 1.01-15 Organization; Districts; National Maritime Center. | USCG | [CGD 88-033, 54 FR 50376, Dec. 6, 1989] | (a) To assist the District Commander, and the Atlantic Area Commander with respect to Activities Europe, in carrying out the regulatory and enforcement aspects of marine safety, there is assigned to each District Commander and to the Atlantic Area Commander a staff officer designated as Chief, Marine Safety Division. The chain of military command is from the District Commander to each Officer in Charge, Marine Inspection, within the district and from the Atlantic Area Commander to the Officer in Charge, Activities Europe. The Chief of the Marine Safety Division is a staff officer assigned to the District Commanders and Atlantic Area Commander, and acts only on the basis of the authority and direction of the District Commanders, and the Atlantic Area Commanders with respect to Activities Europe. (1) The Chiefs, Marine Safety Division, in the District Offices, under the supervision of their respective District Commanders, direct the activities of their district relative to vessel, factory and shipyard inspections; reports and investigations of marine casualties and accidents; processing of violations of navigation and vessel inspection laws; the credentialing, shipment and discharge of seamen; the investigation and institution of proceedings looking to suspension and revocation under 46 U.S.C. chapter 77 of credentials held by persons; and all other marine safety regulatory activities except those functions related to recreational boating when under the supervision of the Chiefs, Boating Safety Division (CG-BSX-2), in the District Offices. (2) Unless otherwise provided for, the Chiefs, Boating Safety Division (CG-BSX-2), in the District Offices, under the supervision of their respective District Commanders, direct the activities in their districts relative to administration of the law enforcement program applicable to uninspected vessels used for recreational purposes and the imposition and collection of penalties in connection therewith; maintain liaison with Federal and State agencies having related interests; … | |||
| 46:46:1.0.1.1.1.1.1.4 | 46 | Shipping | I | A | 1 | PART 1—ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS | 1.01 | Subpart 1.01—Organization and General Flow of Functions | § 1.01-20 Suspension and revocation proceedings. | USCG | (a) The Commandant takes final agency action on each proceeding concerned with revocation. (b) The Commandant has delegated authority to the Vice Commandant in 33 CFR 1.01-40 to take final agency action under subparts I, J, and K of part 5 of this chapter on each proceeding except on a petition or appeal in a case on which an order of revocation has been issued. (c) The Commandant assigns to his staff a Chief Administrative Law Judge who is an Administrative Law Judge appointed under 5 U.S.C. 3105 and whose assignment is to: (1) Act as adviser and special assistant to the Commandant on matters concerning the administration of hearings conducted under 46 U.S.C. chapter 77; (2) Conduct hearings under 46 U.S.C. chapter 77; (3) Train new Administrative Law Judges assigned to conduct hearings under 46 U.S.C. chapter 77; (4) Review the written decisions and orders of each Administrative Law Judge assigned to conduct a hearing under 46 U.S.C. chapter 77; and (5) Act as adviser to the Chief Counsel in preparation of the final action of proceedings conducted under subparts I, J, and K of part 5 of this chapter. (d) The Chief Counsel of the Coast Guard, under the general direction and supervision of the Commandant, U.S. Coast Guard: (1) Acts as an adviser and as a special assistant to the Commandant in matters of law; and (2) Prepares for the consideration of the Commandant or the Vice Commandant, as appropriate, proposed decisions on cases on appeal or review in suspension and revocation proceedings. | ||||
| 46:46:1.0.1.1.1.1.1.5 | 46 | Shipping | I | A | 1 | PART 1—ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS | 1.01 | Subpart 1.01—Organization and General Flow of Functions | § 1.01-25 General flow of functions. | USCG | [CGD 88-033, 54 FR 50376, Dec. 6, 1989] | (a) The Officer in Charge, Marine Inspection, has final authority with respect to the functions described in § 1.01-15(b) of this subpart, subject to the rights of appeal set forth in subpart 1.03 of this part. (b)(1) The general course and method by which the functions (other than those dealing with suspension and revocation of credentials described in paragraph (c) of this section) concerning marine safety activities are channeled, begins with the Officer in Charge, Marine Inspection, at the local Sector Office. From this Officer the course is to the Chief, Marine Safety Division, on the staff of the District Commander, and then to the District Commander. From the District Commander, the course is to the Chief of one of the offices with the Assistant Commandant for Prevention Policy at Headquarters. (2) For Activities Europe, the course is from the Officer in Charge, Activities Europe to the staff of the Atlantic Area Commander, then to the Atlantic Area Commander, and then to the Chief of one of the offices with the Assistant Commandant for Prevention Policy at Headquarters. (c) In proceedings involving the suspension or revocation of a Coast Guard credential issued to an individual, the course and method by which such proceedings are channeled are as follows: (1) In the United States, the Commonwealth of Puerto Rico, Territory of Guam, the Virgin Islands, and other possessions, the proceedings are initiated by the issuance of a complaint against the holder of the Coast Guard credential. A Coast Guard Investigating Officer, as defined in 46 CFR 5.15, causes the complaint to be served on the person described therein (respondent) who is a holder of a Coast Guard credential. At a hearing the Coast Guard submits evidence to support the allegations of the complaint, while the respondent may submit evidence in rebuttal or mitigation. The Administrative Law Judge renders a decision on the basis of the evidence adduced at the hearing and the law. The Administrative Law Judge's decision is given to the respondent. … | |||
| 46:46:1.0.1.1.1.1.1.6 | 46 | Shipping | I | A | 1 | PART 1—ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS | 1.01 | Subpart 1.01—Organization and General Flow of Functions | § 1.01-30 Judicial review. | USCG | (a) Nothing in this chapter shall be construed to prohibit any party from seeking judicial review of any Commandant's decision or action taken pursuant to the regulations in this part or part 5 of this chapter with respect to suspension and revocation proceedings arising under 46 U.S.C. chapter 77. (b) If the person found guilty of any offense fails to make a timely appeal, the decision of the Administrative Law Judge is final and binding on the person charged as of the date that the decision is delivered to the person charged or his authorized representative. | ||||
| 46:46:1.0.1.1.1.1.1.7 | 46 | Shipping | I | A | 1 | PART 1—ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS | 1.01 | Subpart 1.01—Organization and General Flow of Functions | § 1.01-35 OMB control numbers assigned pursuant to the Paperwork Reduction Act. | USCG | [CGD 88-033, 54 FR 50376, Dec. 6, 1989, as amended by USCG-2004-18884, 69 FR 58341, Sept. 30, 2004; USCG-2016-0315, 81 FR 43954, July 6, 2016] | (a) Purpose. This section collects and displays the control numbers assigned to information collection and record keeping requirements in this subchapter by the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq. ). The Coast Guard intends that this section comply with the requirements of 44 U.S.C. 3507(f) which requires agencies display a current control number assigned by the Director of the OMB for each approved agency information collection requirement. (b) Display. | |||
| 46:46:1.0.1.1.1.2.1.1 | 46 | Shipping | I | A | 1 | PART 1—ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS | 1.03 | Subpart 1.03—Rights of Appeal | § 1.03-10 Definition of terms used in this subpart. | USCG | (a) The term recognized classification society means the American Bureau of Shipping or other classification society recognized by the Commandant. (b) The term new vessel means: (1) For vessels which require a Certificate of Inspection, a new vessel is a vessel which has not received an initial Certificate of Inspection. (2) For vessels which do not require a Certificate of Inspection, a new vessel is a vessel which has not received a Load Line assignment. (c) The term existing vessel means a vessel which is not a new vessel. | ||||
| 46:46:1.0.1.1.1.2.1.10 | 46 | Shipping | I | A | 1 | PART 1—ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS | 1.03 | Subpart 1.03—Rights of Appeal | § 1.03-55 Appeals from decisions or actions under subchapter M of this chapter. | USCG | [USCG-2006-24412, 81 FR 40100, June 20, 2016] | (a) Any person directly affected by a decision or action by a classification society or a third-party organization performing a survey under subchapter M of this chapter may, after requesting reconsideration of the decision or action by the classification society or third-party organization, make a formal appeal to the cognizant OCMI. (b) Any person directly affected by a decision or action by a classification society or a third-party organization performing an audit under subchapter M of this chapter may, after requesting reconsideration of the decision or action by the classification society or third-party organization, make a formal appeal to the District Commander of the district in which the audit was performed. (c) Any third-party organization or person from a third-party organization directly affected by a decision or action of the Coast Guard Towing Vessel National Center of Expertise (TVNCOE) may submit a formal appeal to Commandant (CG-CVC) for appeals of decisions by the TVNCOE related to subchapter M of this chapter. (d) Any person directly affected by a decision or action by an OCMI or District Commander may make a formal appeal pursuant to § 1.03-20 or § 1.03-25, respectively. | |||
| 46:46:1.0.1.1.1.2.1.2 | 46 | Shipping | I | A | 1 | PART 1—ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS | 1.03 | Subpart 1.03—Rights of Appeal | § 1.03-15 General. | USCG | [CGD 88-033, 54 FR 50376, Dec. 6, 1989] | (a) Any person directly affected by a decision or action taken under this chapter or under chapter III of this title, by or on behalf of the Coast Guard, except for matters covered by subpart J of part 5 of this chapter dealing with suspension-and-revocation hearings, shall follow the procedures contained in this section when requesting that the decision or action be reviewed, set aside, or revised. (b) When requesting that a decision or action be reconsidered or reviewed, as may be required by this subpart, such request must be made within 30 days after the decision is rendered or the action is taken. (c) When making a formal appeal of a decision or action, as permitted by this subpart, such appeal must be submitted in writing and received by the authority to whom the appeal is required to be made within 30 days after the decision or action being appealed, or within 30 days after the last administrative action required by this subpart. Upon written request and for good cause, the 30 day time limit may be extended by the authority to whom the appeal is required to be made. (d) A formal appeal must contain a description of the decision or action being appealed and the appellant's reason(s) why the decision or action should be set aside or revised. (e) When considering an appeal, the Commandant or a District Commander may stay the effect of a decision or action being appealed pending determination of the appeal. (f) While a request for reconsideration or review or a formal appeal is pending, the original decision or action remains in effect, unless otherwise stayed under paragraph (e) of this section. (g) The Commandant may delegate authority to act on administrative appeals under this subpart to the Assistant Commandant for Prevention Policy (CG-5P), and appropriate office chiefs within Prevention Policy (CG-5P). (h) Formal appeals made to the Commandant must be addressed to: (1) Commandant (CG-CVC) for appeals involving vessel inspection issues, load line issues, and vessel manning issues; (2) Commandant… | |||
| 46:46:1.0.1.1.1.2.1.3 | 46 | Shipping | I | A | 1 | PART 1—ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS | 1.03 | Subpart 1.03—Rights of Appeal | § 1.03-20 Appeals from decisions or actions of an OCMI. | USCG | [USCG-2006-24520, 71 FR 35818, June 22, 2006] | Any person directly affected by a decision or action of an OCMI may, after requesting reconsideration of the decision or action by the cognizant OCMI, make a formal appeal of that decision or action, via the office of the cognizant OCMI, to the District Commander of the district in which the office of the cognizant OCMI is located, or in the case of the Officer in Charge, Activities Europe, to the Atlantic Area Commander, in accordance with the procedures contained in § 1.03-15 of this subpart. | |||
| 46:46:1.0.1.1.1.2.1.4 | 46 | Shipping | I | A | 1 | PART 1—ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS | 1.03 | Subpart 1.03—Rights of Appeal | § 1.03-25 Appeals from decisions or actions of a District Commander. | USCG | Any person directly affected by a decision or action of a District Commander made pursuant to § 1.03-20 of this subpart, may make a formal appeal of that decision or action, via the office of the cognizant District Commander, to the Commandant, in accordance with the procedures contained in § 1.03-15 of this subpart. | ||||
| 46:46:1.0.1.1.1.2.1.5 | 46 | Shipping | I | A | 1 | PART 1—ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS | 1.03 | Subpart 1.03—Rights of Appeal | § 1.03-30 Appeals from decisions or actions of the Marine Safety Center. | USCG | [CGD 97-057, 62 FR 51040, Sept. 30, 1997, as amended by USCG-1998-4442, 63 FR 52188, Sept. 30, 1998] | (a) Any person directly affected by a decision or action of the Marine Safety Center involving tonnage measurement or which otherwise affects a new vessel or plans for a vessel to be built may, after requesting reconsideration of the decision or action by the Commanding Officer, Marine Safety Center, make a formal appeal, of that decision or action, via the Commanding Officer, Marine Safety Center, to the Commandant, in accordance with the procedures contained in § 1.03-15 of this subpart. (b) Any person directly affected by a decision or action of the Marine Safety Center not involving tonnage measurement but which otherwise affects an existing vessel, prior to initiating a formal appeal, must request review of that decision or action by the cognizant OCMI. Following review by the cognizant OCMI, the decision or action under review may be appealed to the District Commander, in accordance with the procedures contained in § 1.03-20 of this subpart. | |||
| 46:46:1.0.1.1.1.2.1.6 | 46 | Shipping | I | A | 1 | PART 1—ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS | 1.03 | Subpart 1.03—Rights of Appeal | § 1.03-35 Appeals from decisions or actions of a recognized classification society acting on behalf of the Coast Guard. | USCG | [CGD 88-033, 54 FR 50376, Dec. 6, 1989, as amended by CGD 97-057, 62 FR 51041, Sept. 30, 1997] | (a) Any person directly affected by a decision or action of a recognized classification society performing plan review, tonnage measurement, or load line assignment on behalf of the Coast Guard may, after requesting reconsideration of the decision or action by the classification society, make a formal appeal, via the classification society headquarters, to the Commandant, in accordance with the procedures contained in § 1.03-15 of this subpart. (b) Any person directly affected by a decision or action of a recognized classification society acting as a marine inspector, as defined in § 30.10-43 of this chapter, on behalf of the Coast Guard, prior to initiating a formal appeal, must request review of that decision or action by the cognizant OCMI. Following review by the cognizant OCMI, the decision or action under review may be appealed to the District Commander, in accordance with the procedures contained in § 1.03-20 of this subpart. | |||
| 46:46:1.0.1.1.1.2.1.7 | 46 | Shipping | I | A | 1 | PART 1—ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS | 1.03 | Subpart 1.03—Rights of Appeal | § 1.03-40 Appeals from decisions or actions of the National Maritime Center. | USCG | [USCG-2006-25535, 71 FR 48482, Aug. 21, 2006. Redesignated by USCG-2006-25535, 72 FR 7930, Feb. 22, 2007; USCG-2008-0906, 73 FR 56507, Sept. 29, 2008; USCG-2013-0671, 78 FR 60144, Sept. 30, 2013; USCG-2004-17914, 78 FR 77882, Dec. 24, 2013; USCG-2016-0315, 81 FR 43954, July 6, 2016] | Any person directly affected by a decision or action of an officer or employee of the National Maritime Center (NMC) involving any of the marine safety functions listed in § 1.01-15(c) of this subpart may, after requesting reconsideration of the decision or action by the NMC, make a formal appeal of that decision or action to the Director of Commercial Regulations and Standards (CG-5PS), in accordance with the procedures contained in § 1.03-15 of this subpart. The decision of the Director of Commercial Regulations and Standards (CG-5PS), on such an appeal will constitute final agency action. | |||
| 46:46:1.0.1.1.1.2.1.8 | 46 | Shipping | I | A | 1 | PART 1—ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS | 1.03 | Subpart 1.03—Rights of Appeal | § 1.03-45 Appeals from decisions or actions involving documentation of vessels. | USCG | [USCG-2006-25535, 72 FR 7930, Feb. 22, 2007, as amended by USCG-2008-0906, 73 FR 56507, Sept. 29, 2008; USCG-2013-0671, 78 FR 60144, Sept. 30, 2013] | Any person directly affected by a decision or action of an officer or employee of the Coast Guard acting on or in regard to the documentation of a vessel under part 67 or part 68 of this title, may make a formal appeal of that decision or action to the Director of Inspections and Compliance (CG-5PC), in accordance with the procedures contained in § 1.03-15 of this subpart. The decision of the Director of Inspections and Compliance (CG-5PC), on such an appeal will constitute final agency action. | |||
| 46:46:1.0.1.1.1.2.1.9 | 46 | Shipping | I | A | 1 | PART 1—ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS | 1.03 | Subpart 1.03—Rights of Appeal | § 1.03-50 Appeals from decisions or actions of the Great Lakes Pilotage Division (CG-WWM-2). | USCG | [USCG-2003-15137, 68 FR 37093, June 23, 2003, as amended by USCG-2008-0906, 73 FR 56507, Sept. 29, 2008; USCG-2013-0671, 78 FR 60144, Sept. 30, 2013] | Any person directly affected by a decision or action of the Great Lakes Pilotage Division (CG-WWM-2), may make a formal appeal of that decision or action to Commandant (CG-5P), in accordance with the procedures contained in § 1.03-15 of this subpart. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);