cfr_sections
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48 rows where part_number = 401 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 |
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| 46:46:8.0.2.13.2.1.18.1 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | A | Subpart A—General | § 401.100 Purpose. | USCG | [USCG-2022-0025, 89 FR 76346, Sept. 17, 2024] | The purpose of this part is to carry out those provisions of the Great Lakes Pilotage Act of 1960 (74 Stat. 259, 46 U.S.C. 216) relating to the registration of United States Pilots, the formation of pilotage pools by voluntary associations of United States Registered Pilots, and the establishment of rates, charges, and other conditions or terms for services performed by United States Registered Pilots to meet the provisions of the Act. | ||||
| 46:46:8.0.2.13.2.1.18.2 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | A | Subpart A—General | § 401.105 OMB control numbers assigned pursuant to the Paperwork Reduction Act. | USCG | [49 FR 38122, Sept. 27, 1984. Redesignated at 61 FR 32655, June 25, 1996, and further redesignated by USCG-1998-3976, 63 FR 35139, June 29, 1998; USCG-2004-18884, 69 FR 58352, Sept. 30, 2004] | (a) Purpose. This section collects and displays the control numbers assigned to information collection and recordkeeping 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 that agencies display a current control number assigned by the Director of the OMB for each approved agency information collection requirement. (b) Display. | ||||
| 46:46:8.0.2.13.2.1.18.3 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | A | Subpart A—General | § 401.110 Definitions. | USCG | [26 FR 951, Jan. 31, 1961] | As used in this chapter: Act means the Great Lakes Pilotage Act of 1960, as amended (Pub. L. 86-555, 74 Stat. 259-262; 46 U.S.C. 216 through 216i). Applicant means a person who has submitted a Form CG-4509 to the Director of Great Lakes Pilotage (“Director”), to be considered for placement in an approved U.S. Great Lakes pilot training and qualification program at one of the established pilotage pools. Applicant Trainee means a person approved by the Director who is participating in an approved U.S. Great Lakes pilot training and qualification program. This individual meets the minimum requirements listed in 46 CFR 401.214 but does not have the necessary service or experience on their MMC in the Great Lakes to qualify as an Apprentice Pilot. The Applicant Trainee is not eligible for a Limited or Temporary Registration. Apprentice Pilot means a person approved by the Director who is participating in an approved U.S. Great Lakes pilot training and qualification program. This individual meets all the minimum requirements listed in 46 CFR 401.211. Association means any organization that holds a Certificate of Authorization issued by the Director to operate a pilotage pool on the Great Lakes. Canadian Registered Pilot means a person, other than a member of the regular complement of a vessel, who holds an appropriate Canadian license issued by an agency of Canada, and is registered by a designated agency of Canada on substantially the same basis as registration under the provisions of Subpart B of this part. Chemical test means a scientifically recognized test that analyzes an individual's breath, blood, urine, saliva, bodily fluids, or tissues for evidence of dangerous drug or alcohol use. Commandant means Commandant of the United States Coast Guard, Communications with the Commandant may be sent to the following address: Attn: Commandant, U.S. Coast Guard Stop 7000, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593-7000. Comparable experience means knowledge and previous performance that i… | ||||
| 46:46:8.0.2.13.2.1.18.4 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | A | Subpart A—General | § 401.120 Federal reservation of pilotage regulations. | USCG | [USCG-2022-0025, 89 FR 76347, Sept. 17, 2024] | No state, municipal, or other local authority may require the use of Pilots or regulate any aspect of pilotage in any of the waters specified in the Act. Only those persons registered as United States Registered Pilots or Canadian Registered Pilots as defined in this subpart may render pilotage services on any vessel subject to the Act and the Memorandum of Understanding, Great Lakes Pilotage. | ||||
| 46:46:8.0.2.13.2.2.18.1 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | B | Subpart B—Registration of Pilots | § 401.200 Application for registration. | USCG | [USCG-2022-0025, 89 FR 76347, Sept. 17, 2024] | An application for registration as a U.S. Registered Pilot must be made on Form CG-4509, which must be submitted via email to: GreatLakesPilotage@uscg.mil; or by physical mail to: Great Lakes Pilotage Office, 2703 Martin Luther King Jr. Ave SE, Stop 7509, Washington, DC 20593-7509. This form may be obtained from the Director. | ||||
| 46:46:8.0.2.13.2.2.18.10 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | B | Subpart B—Registration of Pilots | § 401.260 Reports. | USCG | [USCG-2022-0025, 89 FR 76350, Sept. 17, 2024] | (a) A marine accident that occurs while a United States Registered Pilot, Apprentice Pilot, Apprentice Pilot with Limited Registration, or Temporary Registered Pilot is providing pilotage service to a vessel in United States or Canadian waters of the Great Lakes must be reported in writing by the Pilot to the Director as soon as possible, but not later than 15 days after the accident. The written report must include: (1) Name and description of the vessel or vessels involved; (2) Description of the accident; (3) Type of accident; (4) Location; (5) Time of occurrence; (6) Prevailing weather; (7) Results of the Pilot's post-casualty drug and alcohol test, if required; (8) Damage to the vessel or vessels or property; and (9) Injury to persons or lives lost. (b) The report in paragraph (a) of this section does not relieve the Pilot or others of responsibility for submitting any report required by other Coast Guard regulations or other government agencies of the United States or Canada. (c) Every United States Registered Pilot, Apprentice Pilot, Apprentice Pilot with Limited Registration, and Temporary Registered Pilot must file with the Director any change of their mailing address, email address, or phone number within 15 days after the change. | ||||
| 46:46:8.0.2.13.2.2.18.2 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | B | Subpart B—Registration of Pilots | § 401.210 Requirements and qualifications for Full Registration. | USCG | [29 FR 10464, July 28, 1964] | (a) No person may be fully registered as a United States Registered Pilot unless: (1) The individual holds an MMC with an officer endorsement as a Master, Mate, or Pilot, issued under the provisions of subpart B of 46 CFR part 11, and has acquired at least 24 months service as a deck officer or comparable experience on vessels or integrated tug and barge, of at least 4,000 gross tonnage, operating on the Great Lakes or oceans. Those applicants qualifying with other than Great Lakes service must have obtained at least 6 months of service as a deck officer or comparable experience on the Great Lakes. Those applicants qualifying with comparable experience must have served a minimum of 12 months as a deck officer under the authority of their MMC. (2) The individual is a citizen of the United States. (3) The individual is of good moral character and temperate habits. (4) The individual is physically competent to perform the duties of a U.S. Registered Pilot and meets the applicable medical requirements and standards prescribed by the Commandant in subpart C of 46 CFR part 10. (5) The individual has not reached the age of 70. (6) The individual agrees to be available for service under the terms and conditions as may be approved or prescribed by the Commandant. (7) The individual has complied with the requirements set forth in § 401.220(b) for Apprentice Pilots. (8) The individual meets the chemical testing requirements as defined in 46 CFR part 16. (9) The individual agrees to comply with all applicable provisions of this part and amendments thereto. (b) Any person registered as a United States Registered Pilot pursuant to the provisions of this part whose application contains false or misleading statements furnished by the applicant in furtherance of their application will be in violation of these regulations and may be proceeded against under § 401.250(a) or § 401.500. | ||||
| 46:46:8.0.2.13.2.2.18.3 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | B | Subpart B—Registration of Pilots | § 401.211 Requirements for training of Apprentice Pilots and Limited Registration Authorization. | USCG | [29 FR 10465, July 28, 1964] | (a) The Director will determine the number of Apprentice Pilots required to be in training by each association authorized to form a pilotage pool in order to assure an adequate number of United States Registered Pilots. (b) No Apprentice Pilot will be selected for training unless: (1) The individual meets the requirements and qualifications set forth in paragraphs (a)(1) through (4), (6), (8), and (9) of § 401.210; (2) The individual must not have reached the age of 60; and (3) The individual possesses a Radar Observer-Unlimited endorsement on their MMC in accordance with § 11.480. (c) For purpose of determining whether an applicant meets the experience requirements contained in § 401.210(a)(1), not more than 12 months of “comparable experience” may be used in fulfilling the 24-month experience requirement. (d) The Director must approve the United States Registered Pilots or Temporary Registered Pilots designated by the authorized pilot organization to provide training to those Pilots in training to be United States Registered Pilots. (e) Persons desiring to be considered as an Apprentice Pilot must file with the Director a completed Application Form CG-4509 by email to: GreatLakesPilotage@uscg.mil; or by mail to: Great Lakes Pilotage Office, 2703 Martin Luther King Jr. Ave SE, Mail Stop 7509, Washington, DC 20593-7509. Upon the request of the Director, the person desiring to be considered as an Apprentice Pilot must submit two full-face passport style photographs, signed on the photo, vertically, as close to the head as possible. (f) Applicants meeting the minimum requirements of this section who are both selected by the association and approved by the Director will be issued a U.S. Coast Guard Apprentice Pilot Identification Card. Such Card is valid until such time as: (1) The expiration of a term determined by the Director; (2) The Apprentice Pilot is registered as a Pilot under § 401.210; (3) The Apprentice Pilot withdraws from the training program; or (4) The card is ordered withdrawn by the Di… | ||||
| 46:46:8.0.2.13.2.2.18.4 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | B | Subpart B—Registration of Pilots | § 401.214 Training requirements for Applicant Trainees. | USCG | [USCG-2022-0025, 89 FR 76348, Sept. 17, 2024] | (a) The Director will determine the number of Applicant Trainees required to be in training by each association authorized to form a pilotage pool in order to assure an adequate number of United States Registered Pilots. (b) No Applicant Trainee may be selected for training unless: (1) The individual meets the requirements and qualifications set forth in paragraphs (a)(2) through (4), (6), (8), and (9) of § 401.210; (2) The individual must not have reached the age of 60; and (3) The individual possesses a Radar Observer-Unlimited endorsement on their MMC in accordance with § 11.480. (c) An individual with other than Great Lakes service must obtain at least six (6) months of service as a credentialed officer, or comparable experience, on the Great Lakes with the pilot association in the District waters assigned before they are eligible to become an Apprentice Pilot. Round trips and related activities completed during this training phase will not count towards Full Registration. (d) The Director must approve the United States Registered Pilots or Temporary Registered Pilots that are designated by the authorized pilot organization to provide training to those Pilots that are in training to be United States Registered Pilots. (e) Persons desiring to be considered as an Applicant Trainee must file with the Director a completed Application Form CG-4509 via email to: GreatLakesPilotage@uscg.mil or by mail to: Great Lakes Pilotage Office, 2703 Martin Luther King Jr. Ave SE, Mail Stop 7509, Washington, DC 20593-7509. Upon the request of the Director, the person desiring to be considered as an Applicant Trainee must submit two full-face passport style photographs, signed on the photo, vertically, as close to the head as possible. (f) Applicants must meet the pre-employment chemical testing requirements as defined in 46 CFR 16.210. (g) Applicants meeting the minimum requirements of this section who are both selected by the association and approved by the Director will be issued a U.S. Coast Guard Applicant Traine… | ||||
| 46:46:8.0.2.13.2.2.18.5 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | B | Subpart B—Registration of Pilots | § 401.220 Registration of Pilots. | USCG | [29 FR 10465, July 28, 1964] | (a) The Director must determine the number of Pilots required to be registered in order to assure adequate and efficient pilotage service in the United States waters of the Great Lakes and to provide for equitable participation of United States Registered Pilots with Canadian Registered Pilots in the rendering of pilotage services. The Director determines the number of Pilots needed as follows: (1) The Director determines the base number of Pilots needed by dividing each area's peak pilotage demand data by its pilot work cycle. The Pilot work cycle standard includes any time that the Director finds to be a necessary and reasonable component of ensuring that a pilotage assignment is carried out safely, efficiently, and reliably for each area. These components may include, but are not limited to— (i) Amount of time a Pilot provides pilotage service or is available to a vessel's Master to provide pilotage service; (ii) Pilot travel time, measured from the Pilot's base, to and from an assignment's starting and ending points; (iii) Assignment delays and detentions; (iv) Administrative time for a Pilot who serves as a pilot association's president; (v) Rest between assignments, as required by § 401.451; (vi) Ten days' recuperative rest per month from April 15 through November 15 each year, provided that lesser rest allowances are approved by the Director at the pilot association's request, if necessary to provide pilotage without interruption through that period; and (vii) Pilotage-related training. (2) Pilotage demand and the base seasonal work standard are based on available and reliable data, as so deemed by the Director, for a multi-year base period. The multi-year period is the 10 most recent past years, and the data source is a system approved under 46 CFR 403.300. Where such data are not available or reliable, the Director also may use data, from additional past years or other sources, that the Director determines to be available and reliable. (3) The number of Pilots needed in each district is calcula… | ||||
| 46:46:8.0.2.13.2.2.18.6 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | B | Subpart B—Registration of Pilots | § 401.222 Temporary Registered Pilots on the Great Lakes. | USCG | [USCG-2022-0025, 89 FR 76349, Sept. 17, 2024] | (a) The Director may, when necessary to ensure safe, efficient, and reliable pilotage service for maritime commerce, issue a Temporary Registration to any person found qualified under this subpart who: (1) Holds a valid MMC; (2) Meets the requirements of 46 CFR 401.210 (except paragraph (a)(5)); (3) Has previously held a Full Registration; (4) Meets the requirements of 46 CFR part 16; and (5) Either: (i) Has reached the age of 70 and desires to continue providing pilotage services; or (ii) Has retired from pilotage service and desires to provide pilotage services. (b) A Temporary Registration is valid for a length of time to be determined by the Director, but not to exceed 1 year from the date of issuance. | ||||
| 46:46:8.0.2.13.2.2.18.7 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | B | Subpart B—Registration of Pilots | § 401.230 Certificates of Registration. | USCG | [USCG-2022-0025, 89 FR 76349, Sept. 17, 2024] | (a) A Certificate of Registration must describe the areas and routes of the Great Lakes within which the Pilot is authorized to perform pilotage services, and such description must be consistent with the terms of the pilotage authorization in their Master, Mate, or Pilot endorsement issued under the authority of Title 46 of the United States Code. (b) A Certificate of Registration does not authorize the holder to board any vessel, or to serve as a Pilot of any vessel, without the permission of the owner or Master. A Certificate of Registration must be in the possession of a Pilot at all times when they are in the service of a vessel, and must be displayed upon demand of the owner or Master, any United States Coast Guard officer or inspector, or a representative of the Director. (c) A Certificate of Registration evidencing registration of the holder is the property of the U.S. Coast Guard, and it may not be pledged, deposited, or surrendered to any person except as authorized by this part. A Certificate of Registration may not be copied or digitally reproduced, or be used to make a facsimile or Photostat. A Certificate which has expired without renewal, or renewal of which has been denied under the provisions of this section, must be surrendered to the Director upon demand. (d) An application for a replacement of a lost, damaged, or defaced Certificate of Registration must be submitted to the Director, on a Form CG-4509, together with two full-face passport style photographs, signed on the photo, vertically, as close to the head as possible. A replacement fee of five dollars ($5) by check or money order, drawn to the order of the U.S. Coast Guard, must accompany any such application. A Certificate issued as a replacement for a lost, damaged, or defaced Certificate will be marked so as to indicate that it is a replacement. Upon receipt of a Certificate issued as a replacement, the damaged or defaced Certificate must be surrendered to the Director. (e) A Certificate of Registration may be voluntarily surrendered… | ||||
| 46:46:8.0.2.13.2.2.18.8 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | B | Subpart B—Registration of Pilots | § 401.240 Renewal of Certificates of Registration. | USCG | [USCG-2022-0025, 89 FR 76350, Sept. 17, 2024] | (a) An application for renewal of a Certificate of Registration must be submitted to the Director, on a Form CG-4509, together with two full-face passport style photographs, signed on the photo, vertically, as close to the head as possible, at least 15 days before the expiration date of the existing Certificate. The form for renewal of Certificates of Registration may be obtained from the Director. A renewal fee of five dollars ($5) by check or money order, drawn to the order of the U.S. Coast Guard, must accompany an application for renewal of registration, which will be refunded if registration is not renewed. Failure of a U.S. Registered Pilot to comply with these requirements or file a complete and sufficient application may constitute cause for denying renewal of the Certificate of Registration. (b) No Certificate of Registration will be renewed unless the applicant for renewal meets the requirements and qualifications set forth in § 401.210 for issuance of an original Certificate of Registration, excepting that compliance with § 401.210(a)(4) is not required if the examination was satisfactorily passed on a previous application for registration within six (6) months next preceding the date of application for renewal. (c) If the Director determines that there is good cause for denying renewal of a Certificate of Registration, the applicant must be notified in writing of such determination and the cause thereof. The applicant may thereupon apply within fifteen (15) days of the receipt of such notice for a hearing in regard to the cause for the denying of a renewal of the Certificate, which hearing must be granted. (d) In any case in which the applicant has made timely and sufficient application for renewal of their registration, no such registration will expire until such application has been finally determined by the Director unless the public health, interest, or safety requires otherwise. (e) Upon receipt of a renewal Certificate of Registration, the expired Certificate must be surrendered to the Direc… | ||||
| 46:46:8.0.2.13.2.2.18.9 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | B | Subpart B—Registration of Pilots | § 401.250 Suspension and revocation of Certificates of Registration. | USCG | [32 FR 14221, Oct. 13, 1967, as amended by CGFR 68-57, 33 FR 6478, Apr. 27, 1968; 61 FR 5721, Feb. 14, 1996. Redesignated at 61 FR 32655, June 25, 1996, and further redesignated and amended by USCG-1998-3976, 63 FR 35139, 35140, June 29, 1998; USCG-2002-13058, 67 FR 61279, Sept. 30, 2002; USCG-2006-24371, 74 FR 11267, Mar. 16, 2009; USCG-2022-0025, 89 FR 76350, Sept. 17, 2024] | (a) A Certificate of Registration issued pursuant to the provisions of this part may be suspended or revoked upon a determination on the record, after opportunity for a hearing in accordance with the Administrative Procedure Act, as amended (5 U.S.C. 551 through 559), that the Pilot (holder) has violated any provision of this chapter or is no longer eligible for registration. (b) When a Certificate of Registration which is about to expire is suspended, the renewal of such certificate may be withheld until the expiration of the period of suspension. (c) Whenever the public health, interest, or safety requires, the Director may deny a Registered Pilot dispatch for a period not to exceed 30 days pending investigation by the U.S. Coast Guard or other agency having jurisdiction in the matter. (d) Every U.S. Registered Pilot must, whenever their MMC officer endorsement is revoked or suspended under the provisions of part 5 of this title, deliver their Certificate of Registration simultaneously with their MMC to the U.S. Coast Guard. If the officer endorsement is suspended, the Certificate of Registration will be held with the suspended officer endorsement and returned to the holder upon expiration of the suspension period. | ||||
| 46:46:8.0.2.13.2.3.18.1 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | C | Subpart C—Establishment of Pools by Voluntary Associations of United States Registered Pilots | § 401.300 Authorization for establishment of pilotage pools. | USCG | [26 FR 952, Jan. 31, 1961, as amended at 32 FR 14221, Oct. 13, 1967; CGFR 68-78, 33 FR 9823, July 9, 1968. Redesignated at 61 FR 32655, June 25, 1996, and further redesignated by USCG-1998-3976, 63 FR 35139, June 29, 1998; USCG-2022-0025, 89 FR 76350, Sept. 17, 2024] | (a) Voluntary associations of United States Registered Pilots will be authorized to establish a pilotage pool or pools in the following areas of the U.S. waters of the Great Lakes designated by the President in Proclamation No. 3385 of December 22, 1960, as amended by Proclamation No. 3855 of June 10, 1968, or in such other areas as the Director may deem necessary to assure adequate and efficient pilotage services for the U.S. waters of the Great Lakes: (1) District No. 1. All United States waters of the St. Lawrence River between the international boundary at St. Regis and a line at the head of the river running (at approximately 127° True) between Carruthers Point Light and South Side Light extended to the New York shore. (2) District No. 2. All United States waters of Lake Erie westward of a line running (at approximately 026° True) from Sandusky Pierhead Light at Cedar Point to Southeast Shoal Light; all waters contained within the arc of a circle of one mile radius eastward of Sandusky Pierhead Light; the Detroit River; Lake St. Clair; the St. Clair River, and Northern approaches thereto south of latitude 43°05′30″ N. (3) District No. 3. All U.S. waters of the St. Marys River, Sault Sainte Marie Locks and approaches thereto between latitude 45°59′ N. at the southern approach and longitude 84°33′ W. at the northern approach. (b) The Director must determine the number of pilotage pools that will be authorized for establishment by voluntary associations of United States Registered Pilots in order to assure adequate and efficient pilotage services for the United States waters of the Great Lakes. | ||||
| 46:46:8.0.2.13.2.3.18.2 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | C | Subpart C—Establishment of Pools by Voluntary Associations of United States Registered Pilots | § 401.310 Application for establishment of pilotage pools. | USCG | [26 FR 952, Jan. 31, 1961, as amended at 32 FR 14221, Oct. 13, 1967. Redesignated at 61 FR 32655, June 25, 1996, and further redesignated by USCG-1998-3976, 63 FR 35139, June 29, 1998; USCG-2022-0025, 89 FR 76350, Sept. 17, 2024] | An application by a voluntary association for authorization to establish a pilotage pool must be filed on the form to be obtained from the Director. The form must require, among other things, furnishing of the following information: (a) The name and address of the association. (b) The names and addresses of all officers of the association. (c) Type of organization (partnership, corporation, etc.). (d) Copies of articles of incorporation, bylaws, partnership agreements, etc. (e) The names and addresses of all stockholders or partners, together with the extent of their financial interest. (f) A copy of the financial statements of the association. (g) The names, addresses, and Certificates of Registration numbers of all member pilots. (h) The District or area in which members of the association desire to render pilotage services. (i) An inventory of owned or leased boats, launches, radio equipment, vehicles, etc., which may be used in the performance of pilotage services. | ||||
| 46:46:8.0.2.13.2.3.18.3 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | C | Subpart C—Establishment of Pools by Voluntary Associations of United States Registered Pilots | § 401.320 Requirements and qualifications for authorization to establish pilotage pools. | USCG | [29 FR 10466, July 28, 1964, as amended at 31 FR 9066, July 1, 1966; 32 FR 14221, Oct. 13, 1967; CGD 81-088, 47 FR 13808, Apr. 1, 1982; CGD 88-111, 55 FR 17581, Apr. 25, 1990; 61 FR 5721, Feb. 14, 1996. Redesignated and amended at 61 FR 32655, June 25, 1996, and further redesignated and amended by USCG-1998-3976, 63 FR 35139, 35140, June 29, 1998; USCG-2022-0025, 89 FR 76350, Sept. 17, 2024] | No voluntary association will be authorized to establish a pilotage pool unless: (a) The Director determines that a pool is necessary for the efficient dispatching of vessels and the providing of pilotage services in the area concerned. (b) The stock, equity, or other financial interests coupled with voting rights or exercise of any right of control in the management of the voluntary association is held only by member Registered Pilots registered pursuant to § 401.200, § 401.210, or § 401.220(e), excluding Applicant Pilots. (c) The voluntary association establishes that it possesses the ability, experience, financial resources, and other qualifications necessary to enable it to operate and maintain an efficient and effective pilotage service. (d) The voluntary association agrees that: (1) Pilotage services will be provided on a first-come, first-serve basis to vessels giving proper notice of arrival time or pilotage service requirements, to the pilotage station, except that Pilots will not be required to board vessels which do not provide safe boarding facilities; (2) It will submit working rules for approval of the Commandant; (3) It will adopt and use the Uniform System of Accounts, part 403 of this chapter, and such other accounting procedures and reports as may be prescribed by the Commandant; (4) It will be subject to audit and inspection by the U.S. Coast Guard and will submit by April 1 of each year an unqualified long form audit report for the preceding year prepared by an Independent Certified Public Accountant, performed in accordance with Generally Accepted Auditing Standards promulgated by the American Institute of Certified Public Accountants. (5) It will be subject to such other provisions as may be prescribed by the Director governing the operation of and the costs which may be charged in connection with the pilotage pools; (6) It will coordinate on a reciprocal basis its pilotage pool operations with similar pilotage pool arrangements established by the Canadian Government and pursuant t… | ||||
| 46:46:8.0.2.13.2.3.18.4 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | C | Subpart C—Establishment of Pools by Voluntary Associations of United States Registered Pilots | § 401.330 Certificates of Authorization. | USCG | [USCG-2022-0025, 89 FR 76351, Sept. 17, 2024] | (a) Subject to § 401.300(b), an association that is qualified to establish a pilotage pool in a District or area is issued a Certificate of Authorization that is valid until suspended or revoked under the procedures in § 401.335. (b) A Certificate of Authorization must be in such form as the Director may prescribe, but must describe the area of the Great Lakes in which the pilotage pool will perform pilotage services. A Certificate of Authorization must be posted in the principal place of business of an association in such manner so as to be available for examination by members of the association and the public. | ||||
| 46:46:8.0.2.13.2.3.18.5 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | C | Subpart C—Establishment of Pools by Voluntary Associations of United States Registered Pilots | § 401.335 Suspension or revocation of a Certificate of Authorization. | USCG | [CGD 74-233, 40 FR 41527, Sept. 8, 1975. Redesignated and amended at 61 FR 32655, June 25, 1996, and further redesignated and amended by USCG-1998-3976, 63 FR 35139, 35140, June 29, 1998; USCG-2022-0025, 89 FR 76351, Sept. 17, 2024] | (a) The Director may issue an order to suspend or revoke a Certificate of Authorization if— (1) The holder of a Certificate of Authorization does not continue to meet the requirements under § 401.320; or (2) The holder of a Certificate of Authorization does not comply with the requirements of this part. (b) Before issuing an order to suspend or revoke, the Director notifies the holder of a Certificate of Authorization of the reasons for the proposed suspension or revocation and gives the holder an opportunity to be heard or to comply with the requirements of this part. (c) If the Director finds that the violation of a requirement of this part involves public health, interest, or safety, or that the violation is willful, the Director may issue an order to suspend the Certificate of Authorization without giving notice under paragraph (b) of this section. The order must contain the reasons for the Director's action. (d) A holder who has its Certificate of Authorization suspended under paragraph (c) of this section will have an opportunity to be heard by notifying the Director in writing. (e) The Director must reinstate a Certificate of Authorization that has been suspended under paragraph (b) or (c) of this section when the Director determines that the holder is complying with this part. | ||||
| 46:46:8.0.2.13.2.3.18.6 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | C | Subpart C—Establishment of Pools by Voluntary Associations of United States Registered Pilots | § 401.340 Compliance with working rules of pilotage pools. | USCG | [USCG-2022-0025, 89 FR 76351, Sept. 17, 2024] | (a) United States or Canadian Registered Pilots utilizing the facilities and dispatching services of any authorized pilotage pool must comply with its working rules approved under § 402.320, except to the extent inconsistent with the dispatch orders of the Director under § 401.720(b), and with other rules of the pilotage pool that are related to those facilities and services. (b) The voluntary associations of U.S. Registered Pilots authorized to establish a pilotage pool may require a U.S. Registered Pilot to execute a written authorization for the pilotage pool to bill for services, deduct authorized expenses, and to comply with the working rules and other rules of the pilotage pool relating to such facilities and services. Facilities and services of the pilotage pool may be denied to any U.S. Registered Pilot who fails or refuses to execute such authorizations. (c) United States Registered Pilots who fail to execute such an authorization will not be considered members of the U.S. pilotage pool, and are not entitled to reciprocal dispatching and related services by United States and Canadian pilotage pools as provided for by the Memorandum of Understanding. A United States Registered Pilot who fails or refuses to avail themselves of the established facilities and services will be considered as not being continuously available for service pursuant to section 4(a) of the Great Lakes Pilotage Act of 1960 (46 U.S.C. 216 through 216i) and their agreement executed on the Application for Registration as a United States Registered Pilot, and may be subject to suspension or revocation proceedings as prescribed by § 401.250. | ||||
| 46:46:8.0.2.13.2.4.18.1 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | D | Subpart D—Rates, Charges, and Conditions for Pilotage Services | § 401.400 Calculation of pilotage units and determination of weighting factor. | USCG | [CGFR 70-29a, 35 FR 10434, June 26, 1970, as amended by CGD 81-088; 47 FR 13808, Apr. 1, 1982; CGD 84-089, 50 FR 7178, Feb. 27, 1985. Redesignated and amended at 61 FR 32655, June 25, 1996; 62 FR 5922, Feb. 10, 1997. Redesignated and amended by USCG-1998-3976, 63 FR 35139, 35140, June 29, 1998; USCG-2013-0534, 79 FR 12107, Mar. 4, 2014; USCG-2022-0025, 89 FR 76351, Sept. 17, 2024] | The equivalent pilotage unit number and appropriate weighting factor for each ship must be computed by utilizing the following formula and table: (a) Pilotage unit computation: Pilot Unit = (Length × Breadth × Depth)/283.17 (measured in meters) Pilot Unit = (Length × Breadth × Depth)/10,000 (measured in feet) (b) Weighting factor table: (c) The charge for pilotage service is obtained by multiplying the weighting factor, obtained from paragraph (b) of this section by the appropriate basic rate specified in §§ 401.405, 401.407, 401.410, 401.420 and 401.425. | ||||
| 46:46:8.0.2.13.2.4.18.10 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | D | Subpart D—Rates, Charges, and Conditions for Pilotage Services | § 401.432 Certification of support services. | USCG | [CGD 88-111, 55 FR 17581, Apr. 25, 1990. Redesignated at 61 FR 32655, June 25, 1996, and further redesignated by USCG-1998-3976, 63 FR 35139, June 29, 1998] | Each association holding a Certificate of Authorization shall certify each year whether any support service entity is directly or indirectly related by beneficial ownership to that association or to a United States registered pilot who is also a member of that association. | ||||
| 46:46:8.0.2.13.2.4.18.11 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | D | Subpart D—Rates, Charges, and Conditions for Pilotage Services | § 401.440 Advance payment of charges. | USCG | [29 FR 10467, July 28, 1964, as amended at 32 FR 14221, Oct. 13, 1967. Redesignated at 61 FR 32655, June 25, 1996, and further redesignated by USCG-1998-3976, 63 FR 35139, June 29, 1998] | Subject to the approval of the Director, a United States or Canadian Registered Pilot performing pilotage services in accordance with the rates and charges set forth in this subpart may require advance payment of such rates or charges or a suitable bond securing payment. | ||||
| 46:46:8.0.2.13.2.4.18.12 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | D | Subpart D—Rates, Charges, and Conditions for Pilotage Services | § 401.450 Pilot change points. | USCG | [CGFR 68-57, 33 FR 6479, Apr. 27, 1968. Redesignated at 61 FR 32655, June 25, 1996, and further redesignated by USCG-1998-3976, 63 FR 35139, June 29, 1998; USCG-2008-0906, 73 FR 56511, Sept. 29, 2008; USCG-2016-0268, 82 FR 41495, Aug. 31, 2017; 82 FR 43864, Sept. 20, 2017; USCG-2022-0025, 89 FR 76352, Sept. 17, 2024] | A Registered Pilot's assignment is completed when the vessel to which they are assigned completes its arrival at or, in the case of a through trip, passes any of the following places: (a) Snell Lock; (b) Iroquois Lock , Ogdensburg, NY; (c) Cape Vincent; (d) Port Weller; (e) Port Colborne; (f) Detroit/Windsor, other than assignments originating or terminating at a point on the Detroit River; (g) Port Huron/Sarnia; (h) Detour; (i) Buoy 33, St. Marys River, Point Iroquois; (j) Chicago with respect to assignments originating at Detour or Port Huron/Sarnia; and (k) Duluth/Superior and Fort William/Port Arthur with respect to assignments originating at Buoy 33. | ||||
| 46:46:8.0.2.13.2.4.18.13 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | D | Subpart D—Rates, Charges, and Conditions for Pilotage Services | § 401.451 Pilot rest periods. | USCG | [USCG-2022-0025, 89 FR 76352, Sept. 17, 2024] | (a) Except as provided in paragraph (b) of this section: (1) Each United States Registered Pilot upon completing an assignment at a change point designated in § 401.450, and (2) Each United States Registered Pilot upon completing a series of assignments totaling more than 10 hours with no more than 2 hours rest between assignments, must not perform pilotage services for at least 10 hours. (b) In the event of an emergency or other compelling circumstances a pilotage pool may assign a United States Registered Pilot for service before their 10-hour rest period required under paragraph (a) of this section is completed. Pilotage pools must advise the Director of each assignment made under this paragraph. | ||||
| 46:46:8.0.2.13.2.4.18.2 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | D | Subpart D—Rates, Charges, and Conditions for Pilotage Services | § 401.401 Surcharges. | USCG | [USCG-2016-0268, 82 FR 41495, Aug. 31, 2017] | To facilitate safe, efficient, and reliable pilotage, and for good cause, the Director may authorize surcharges on any rate or charge authorized by this subpart. Surcharges must be proposed for prior public comment and may not be authorized for more than 1 year. Once the approved amount has been received, the pilot association is not authorized to collect any additional funds under the surcharge authority and must cease such collections for the remainder of that shipping season. | ||||
| 46:46:8.0.2.13.2.4.18.3 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | D | Subpart D—Rates, Charges, and Conditions for Pilotage Services | § 401.405 Pilotage rates and charges. | USCG | [USCG-2015-0497, 81 FR 11940, Mar. 7, 2016, as amended by USCG-2019-0736, 85 FR 20120, Apr. 9, 2020; USCG-2022-0370, 88 FR 12258, Feb. 27, 2023; USCG-2023-0438, 89 FR 9072, Feb. 9, 2024; USCG-2024-0406, 89 FR 100838, Dec. 13, 2024] | (a) The hourly rate for pilotage service on— (1) The St. Lawrence River is $986; (2) Lake Ontario is $643; (3) Lake Erie is $576; (4) The navigable waters from Southeast Shoal to Port Huron, MI is $753; (5) Lakes Huron, Michigan, and Superior is $440; and (6) The St. Marys River is $825. (b) The pilotage charge is calculated by multiplying the hourly rate by the hours or fraction thereof (rounded to the nearest 15 minutes) that the registered pilot is on the bridge or available to the master of the vessel, multiplied by the weighting factor shown in § 401.400 of this part. | ||||
| 46:46:8.0.2.13.2.4.18.4 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | D | Subpart D—Rates, Charges, and Conditions for Pilotage Services | § 401.420 Cancellation, delay, or interruption in rendition of services. | USCG | [USCG-2015-0497, 81 FR 11940, Mar. 7, 2016, as amended by USCG-2016-0268, 82 FR 41495, Aug. 31, 2017; 82 FR 43864, Sept. 20, 2017; USCG-2022-0025, 89 FR 76351, Sept. 17, 2024] | (a) Except as otherwise provided in this section, a vessel can be charged as authorized in § 401.405 of this part for the waters in which the event takes place, if— (1) A U.S. Pilot is retained on board while a vessel's passage is interrupted; (2) A U.S. Pilot's departure from the vessel after the end of an assignment is delayed, and the Pilot is detained on board, for the vessel's convenience; or (3) A vessel's departure or transit is delayed, for the vessel's convenience, beyond the time that a U.S. Pilot is scheduled to report for duty, or reports for duty as ordered, whichever is later. (b) When an order for a U.S. Pilot's service is cancelled, the vessel can be charged for the Pilot's reasonable travel expenses for travel that occurred to and from the Pilot's base, and the greater of— (1) Four hours; or (2) The time of cancellation and the time of the Pilot's scheduled arrival, or the Pilot's reporting for duty as ordered, whichever is later. (c) Between the dates of May 1 and November 30, a vessel or owner is not liable for charges under paragraphs (a)(1) or (2) of this section, if the Pilot's retention or delayed departure was caused by ice or weather, as determined by the vessel Master. (d) A pilotage charge made under this section takes the place and precludes payment of any charge that otherwise could be made under § 401.405 of this part. | ||||
| 46:46:8.0.2.13.2.4.18.5 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | D | Subpart D—Rates, Charges, and Conditions for Pilotage Services | § 401.425 Provision for additional Pilot. | USCG | [USCG-2022-0025, 89 FR 76351, Sept. 17, 2024] | The Director may require the assignment of two Pilots to a ship upon request of the ship or when the Director deems it necessary for the safe navigation of the ship, because of anticipated long transit, uncommon ship size, adverse weather or sea conditions or other abnormal circumstances. The charge to the ship will be twice the appropriate charge provided for in §§ 401.405, 401.407, 401.410, and 401.420. Each situation will be evaluated on a case-by-case basis. This authorization may occur at the opening and closing of the year, after the locks have opened or closed for a defined time period based upon the availability of the aids to navigation, ice conditions, weather forecasts, and other relevant information. | ||||
| 46:46:8.0.2.13.2.4.18.6 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | D | Subpart D—Rates, Charges, and Conditions for Pilotage Services | § 401.427 Charge on past due accounts. | USCG | [CGD 79-138, 45 FR 13078, Feb. 28, 1980. Redesignated at 61 FR 32655, June 25, 1996, and further redesignated by USCG-1998-3976, 63 FR 35139, June 29, 1998; USCG-2022-0025, 89 FR 76352, Sept. 17, 2024] | A charge of two percent (2%) per month must be paid on the opening monthly balance on accounts remaining unpaid over thirty (30) days after the billing date. | ||||
| 46:46:8.0.2.13.2.4.18.7 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | D | Subpart D—Rates, Charges, and Conditions for Pilotage Services | § 401.428 Boarding or discharging a pilot other than at designated points. | USCG | [USCG-2015-0497, 81 FR 11940, Mar. 7, 2016] | For a situation in which a vessel boards or discharges a U.S. pilot at a point not designated in § 401.450 of this part, it could incur additional charges as follows: (a) Charges for the pilot's reasonable travel expenses to or from the pilot's base, if the situation occurs for reasons outside of the vessel's control, for example for a reason listed in § 401.420(c) of this part; or (b) Charges for associated hourly charges under § 401.405 of this part, as well as the pilot's travel expenses as described in paragraph (a), if the situation takes place for the convenience of the vessel. | ||||
| 46:46:8.0.2.13.2.4.18.8 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | D | Subpart D—Rates, Charges, and Conditions for Pilotage Services | § 401.430 Prohibited charges. | USCG | [USCG-2022-0025, 89 FR 76352, Sept. 17, 2024] | No rate or charge may be applied against any vessel, owner, or Master thereof by a United States Registered Pilot that differs from the rates and charges set forth in this part, nor may any rates or charges be made for services performed by a United States Registered Pilot, or for support services directly related to the provision of pilotage that a United States Registered Pilot requires a vessel to utilize, other than those for which a rate is prescribed in this part, without the approval of the Director. | ||||
| 46:46:8.0.2.13.2.4.18.9 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | D | Subpart D—Rates, Charges, and Conditions for Pilotage Services | § 401.431 Disputed charges. | USCG | [USCG-2022-0025, 89 FR 76352, Sept. 17, 2024] | (a) Any rate or charge applied against any vessel, owner, or Master thereof by a Registered Pilot or pilot association that the owner or Master disputes as a charge prohibited by § 401.430 may be appealed to the Director, within 60 business days of the date the pilot association issues the bill, for an advisory opinion as to whether such rate or charge is a prohibited charge. (b) The appeal must be official correspondence from either the vessel owner, vessel charterer, or an agent or employee empowered to speak on behalf of the owner or charterer. The appeal must be supported by evidence that a reasonable attempt has been made to resolve the matter between the parties and that a bona fide controversy exists. The correspondence must articulate the following: (i) Vessel name, date of service, and reference number for the invoice/bill; (ii) Exact amount of dispute; (iii) Regulatory citation for dispute; and (iv) Requested resolution. (c) The pilot association must be furnished with a copy of the appeal and be notified by the owner or charterer that the matter has been appealed for an advisory opinion. (d) The pilot association must be allowed 20 business days from receiving the notice of appeal in which to provide any data or arguments desired to be submitted in further defense of the disputed charges. (e) The Director must consider all relevant matters presented and issue an advisory opinion within 30 business days of receiving the pilot association's submission(s) per paragraph (d) of this section. The advisory opinion must set forth the rates and charges in dispute, a discussion of the facts and relevant information considered, and a statement of opinion. (f) When the opinion of the Director is that the disputed rates or charges are prohibited by § 401.430, the respondent must refund moneys, adjust invoices, and otherwise conform to the advisory opinion within thirty (30) business days. (g) Failure or refusal to comply with the advisory opinion within the time allowed may form a basis for a determinatio… | ||||
| 46:46:8.0.2.13.2.5.18.1 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | E | Subpart E—Penalties; Operations without Registered Pilots | § 401.500 Penalties for violations. | USCG | [USCG-2022-0025, 89 FR 76352, Sept. 17, 2024] | Any person, including a Pilot, Master, owner, or agent, who violates any provision of this part may be liable to the United States for a civil penalty as set forth in 46 U.S.C. 9308. | ||||
| 46:46:8.0.2.13.2.5.18.2 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | E | Subpart E—Penalties; Operations without Registered Pilots | § 401.510 Operation without Registered Pilots. | USCG | [USCG-2022-0025, 89 FR 76352, Sept. 17, 2024, as amended by USCG-2025-0716, 90 FR 47588, Oct. 2, 2025] | (a) A vessel may be navigated in the United States waters of the Great Lakes without a United States or Canadian Registered Pilot when the vessel or its cargo is in distress or jeopardy. (b) A vessel may be navigated in the United States waters of the Great Lakes without a United States or Canadian Registered Pilot only when the Director, with the concurrence of the Commander, USCG Great Lakes District, notifies the Master that a United States or Canadian Registered Pilot is not available. (1) Notification to the Master that a Pilot is not available will be made by the Director, either directly to the vessel or through the appropriate pilotage pool, orally or in writing as the circumstances permit, and must not be deemed given until the notice is actually received by the vessel. (2) The determination that a Pilot is not available will be made on an individual basis and only when a vessel has given proper notice of its pilotage service requirements to the pilotage pool having dispatching jurisdiction at the time. The vessel has no obligation or responsibility with respect to such notification other than properly informing the pilotage pool of its pilotage requirements. However, the failure or delay by the pilotage pool in processing a pilotage service request, or refusal or delay by the Director in notifying the vessel that a Pilot is not available, does not constitute constructive notice that a Pilot is not available, and the vessel is not relieved by such failure or delay from compliance with the Great Lakes Pilotage Act of 1960. (3) In the event of an emergency or any other compelling circumstance, the Director may issue, without the specific request for service as provided under paragraph (b)(2) of this section, individual or general notification that a Pilot or Pilots are not available. Pilotage pools must advise the Director of any condition or circumstance coming to their attention which may warrant such a determination. | ||||
| 46:46:8.0.2.13.2.6.18.1 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | F | Subpart F—Procedure Governing Revocation or Suspension of Registration and Refusal To Renew Registration | § 401.600 Right to hearing. | USCG | [29 FR 11595, Aug. 13, 1964, as amended at 32 FR 14222, Oct. 13, 1967; 61 FR 5721, Feb. 14, 1996. Redesignated and amended at 61 FR 32655, June 25, 1996, and further redesignated and amended by USCG-1998-3976, 63 FR 35139, 35140, June 29, 1998; USCG-2002-13058, 67 FR 61279, Sept. 30, 2002] | (a) A United States Registered Pilot, on receipt of notice from the U.S. Coast Guard that he or she has violated any regulation made pursuant to the Act, which violation the Director determines is grounds for suspension or revocation of the pilot's Certificate of Registration, shall have fifteen (15) days from the receipt of such notice in which to notify the Director that he or she elects to exercise his or her right to a hearing as to the grounds for the proposed suspension or revocation. A pilot failing to notify the Director within the prescribed period is deemed to have waived his or her right to a hearing. (b) A United States Registered Pilot whose application was timely filed, on receipt of notice that renewal of his or her Certificate of Registration has been denied pursuant to § 401.240(c), who fails to notify the Director within fifteen (15) days of the receipt of such notice that he or she desires a hearing, is deemed to have waived his or her right to a hearing. | ||||
| 46:46:8.0.2.13.2.6.18.10 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | F | Subpart F—Procedure Governing Revocation or Suspension of Registration and Refusal To Renew Registration | § 401.650 Review of Administrative Law Judge's initial decision. | USCG | [USCG-2022-0025, 89 FR 76353, Sept. 17, 2024] | (a) The Commandant may, on their own motion, or on the basis of a petition filed by the United States Registered Pilot, Apprentice Pilot, Apprentice Pilot with Limited Registration, or Temporary Registration Pilot in the proceedings of the Commandant, review any initial decision of the Administrative Law Judge by entering a written order stating that they elect to review the action of the Administrative Law Judge. Copies of all orders for review, replies, and decisions must be served on all parties. (b) A petition for review must be in writing and must state the grounds upon which the petition relies. A petition for review must be limited to the record before the Administrative Law Judge. A hard copy or electronic version of such a petition for review, together with proof of service on all parties, must be filed with the Commandant (CL) within fifteen (15) days after the date of service of the initial decision of the Administrative Law Judge. Parties may file replies, in writing, to a petition for review, with proof of service on other parties in the same manner and number of copies as is provided for filing of a petition for review and within ten (10) days after the date the petition for review is timely filed. A reply must be limited to the record before the Administrative Law Judge and the petition for review. (c) The initial decision of an Administrative Law Judge will be made final; (1) Fifteen (15) days after the timely filing of a petition to review unless a reply is filed thereto, or the Commandant enters a written order granting the petition for review; or (2) Twenty (20) days after the date of service of the Administrative Law Judge's decision if no petition for review is filed and the Commandant does not elect to review on his or her own motion. (d) If the Commandant reviews the initial decision as provided in this section, they must issue a written order affirming, amending, overruling, or remanding the initial decision of the Administrative Law Judge within thirty (30) days after the date on whi… | ||||
| 46:46:8.0.2.13.2.6.18.2 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | F | Subpart F—Procedure Governing Revocation or Suspension of Registration and Refusal To Renew Registration | § 401.605 Notice. | USCG | [32 FR 14222, Oct. 13, 1967. Redesignated at 61 FR 32655, June 25, 1996, and further redesignated by USCG-1998-3976, 63 FR 35139, June 29, 1998] | (a) The Director, upon receipt of notice that a U.S. Registered Pilot elects to exercise his rights to a hearing, shall arrange for a hearing and notify the pilot of the time, date and place it is to be held. | ||||
| 46:46:8.0.2.13.2.6.18.3 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | F | Subpart F—Procedure Governing Revocation or Suspension of Registration and Refusal To Renew Registration | § 401.610 Hearing. | USCG | [32 FR 14222, Oct. 13, 1967. Redesignated at 61 FR 32655, June 25, 1996, and further redesignated by USCG-1998-3976, 63 FR 35139, June 29, 1998] | (a) The hearing shall be held at the time and place designated with due regard to the convenience and necessity of the parties. (b) The hearing shall be held on the record before an Administrative Law Judge appointed as provided by section 11 of the Administrative Procedure Act (5 U.S.C. 3105). Hearings shall be conducted in accordance with sections 5, 7, and 8 of the Administrative Procedure Act, as amended (5 U.S.C. 554, 556, 557). | ||||
| 46:46:8.0.2.13.2.6.18.4 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | F | Subpart F—Procedure Governing Revocation or Suspension of Registration and Refusal To Renew Registration | § 401.615 Representation. | USCG | [USCG-2022-0025, 89 FR 76353, Sept. 17, 2024] | (a) The United States Registered Pilot, Apprentice Pilot, Apprentice Pilot with Limited Registration, or Temporary Registered Pilot designated “respondent” in a suspension or revocation hearing or “applicant” in a refusal-to-renew-registration hearing, may be represented before the Administrative Law Judge by any person who is a member in good standing of the bar of the highest court of any State, Commonwealth, Territory, Possession, or the District of Columbia, upon filing with the Administrative Law Judge a written declaration that they are currently qualified and are authorized to represent the particular party in whose behalf they act. (b) Whenever a person acting in a representative capacity appears in person or signs a paper in practice before the Administrative Law Judge, Director, Commandant, the Administrator, or other official of the U.S. Coast Guard, their personal appearance or signature constitutes a representation that under the provisions of this subpart and applicable law they are authorized and qualified to represent the particular person in whose behalf they act. (c) When any United States Registered Pilot, Apprentice Pilot, Apprentice Pilot with Limited Registration, or Temporary Registered Pilot is represented by an attorney at law, any notice or other written communication required or permitted to be given to or by such a Pilot must be given to or by such attorney. If a Pilot is represented by more than one attorney, service by or upon any one of such attorneys is sufficient. | ||||
| 46:46:8.0.2.13.2.6.18.5 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | F | Subpart F—Procedure Governing Revocation or Suspension of Registration and Refusal To Renew Registration | § 401.620 Burden of proof. | USCG | [32 FR 14222, Oct. 13, 1967, as amended at 61 FR 5721, Feb. 14, 1996. Redesignated and amended at 61 FR 32655, June 25, 1996, and further redesignated and amended by USCG-1998-3976, 63 FR 35139, 35140, June 29, 1998] | (a) In a suspension or revocation hearing, the Director shall have the burden of establishing, by substantial evidence, the grounds for a suspension or revocation of a Certificate of Registration held by a pilot, as stated in the letter addressed to such pilot notifying him of the U.S. Coast Guard intention to suspend or revoke the pilot's registration. (b) In a refusal-to-renew-registration hearing, the Director shall have the burden of establishing the grounds for the Director's determination under § 401.240(c) to deny renewal of the Certificate of Registration. | ||||
| 46:46:8.0.2.13.2.6.18.6 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | F | Subpart F—Procedure Governing Revocation or Suspension of Registration and Refusal To Renew Registration | § 401.630 Appearance, testimony, and cross-examination. | USCG | [USCG-2022-0025, 89 FR 76353, Sept. 17, 2024] | (a) The U.S. Registered Pilot may appear in person or by counsel and may testify at the hearing, call witnesses on their own behalf, and cross-examine witnesses appearing on behalf of the Director. (1) In any case in which the U.S. Registered Pilot, after being duly served with the notice of the time and place of the hearing, fails to appear at the time and place specified for the hearing, a notation to that effect must be made in the record and the hearing may then be conducted “in absentia.” (2) The Administrative Law Judge must also cause to be placed in the record all the facts concerning the issuance and service of the notice of hearing and the allegations against the U.S. Registered Pilot. (b) The Director, through counsel, must appear, present evidence, call witnesses, and cross-examine the witnesses called on behalf of the U.S. Registered Pilot. (c) At the discretion of the Administrative Law Judge, other witnesses may testify at the hearing. | ||||
| 46:46:8.0.2.13.2.6.18.7 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | F | Subpart F—Procedure Governing Revocation or Suspension of Registration and Refusal To Renew Registration | § 401.635 Evidence which must be excluded. | USCG | [USCG-2022-0025, 89 FR 76353, Sept. 17, 2024] | The Administrative Law Judge presiding at the hearing must exclude irrelevant, immaterial, or unduly repetitious evidence. | ||||
| 46:46:8.0.2.13.2.6.18.8 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | F | Subpart F—Procedure Governing Revocation or Suspension of Registration and Refusal To Renew Registration | § 401.640 Record for decision. | USCG | [USCG-2022-0025, 89 FR 76353, Sept. 17, 2024] | The transcript of testimony and oral argument at the hearing, together with any exhibits received, will be made part of the record for decision, and the record will be available to the respondent or applicant on payment of costs thereof. | ||||
| 46:46:8.0.2.13.2.6.18.9 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | F | Subpart F—Procedure Governing Revocation or Suspension of Registration and Refusal To Renew Registration | § 401.645 Administrative Law Judge's decision; exceptions thereto. | USCG | [USCG-2022-0025; 89 FR 76353, Sept. 17, 2024] | At the conclusion of the hearing, the parties may submit briefs and recommended conclusions and findings within such time as the Administrative Law Judge determines appropriate. The Administrative Law Judge will thereafter issue a written initial decision in the case, which decision will be final and binding upon the Director, except as provided in § 401.650. | ||||
| 46:46:8.0.2.13.2.7.18.1 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | G | Subpart G—Operating Requirements for U.S. Registered Pilots and Holders of Certificates of Authorization; Authority of the Director Over Operations | § 401.700 Operating requirements for United States Registered Pilots. | USCG | [USCG-2022-0025, 89 FR 76353, Sept. 17, 2024] | Each United States Registered Pilot must— (a) Provide pilotage service when dispatched by their pilotage pool; and (b) Comply with the dispatching orders of the Director under § 401.720 (b). | ||||
| 46:46:8.0.2.13.2.7.18.2 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | G | Subpart G—Operating Requirements for U.S. Registered Pilots and Holders of Certificates of Authorization; Authority of the Director Over Operations | § 401.710 Operating requirements for holders of Certificates of Authorization. | USCG | [CGD 74-233, 40 FR 41527, Sept. 8, 1975, as amended at 61 FR 5721, Feb. 14, 1996. Redesignated and amended at 61 FR 32655, June 25, 1996, and further redesignated and amended by USCG-1998-3976, 63 FR 35139, 35140, June 29, 1998; USCG-2022-0025, 89 FR 76353, Sept. 17, 2024] | Each holder of a Certificate of Authorization must— (a) Comply with the terms of any agreement for services by United States Registered Pilots on the Great Lakes between an appropriate agency of Canada and the Secretary, their designated agent, or the Director; (b) Coordinate on a reciprocal basis its pilotage pool operations with pilotage pool operations of the Canadian Government, under the “Memorandum of Understanding, Great Lakes Pilotage, Between The United States Coast Guard and The Great Lakes Pilotage Authority,” effective September 19, 2013; (c) Provide continuous arrangements and facilities for the efficient dispatching of pilotage service on a first-come, first-serve basis to vessels that give notice of pilotage service requirements to the pilotage dispatch station, except Pilots are not required to board a vessel that does not furnish safe boarding facilities; (d) Dispatch pilotage service under the terms of its approved working rules as referenced in § 402.320; (e) Comply with its working rules approved under § 402.320, except to the extent inconsistent with the dispatch orders of the Director under § 401.720(b); (f) Comply with all accounting procedures and the reporting requirements in this chapter; and (g) Make available to the Commandant all of its financial and operating records. | ||||
| 46:46:8.0.2.13.2.7.18.3 | 46 | Shipping | III | 401 | PART 401—GREAT LAKES PILOTAGE REGULATIONS | G | Subpart G—Operating Requirements for U.S. Registered Pilots and Holders of Certificates of Authorization; Authority of the Director Over Operations | § 401.720 Authority of the Director over operations. | USCG | [CGD 74-233, 40 FR 41527, Sept. 8, 1975, as amended by CGD 75-228, 40 FR 57673, Dec. 11, 1975. Redesignated and amended at 61 FR 32655, June 25, 1996, and further redesignated and amended by USCG-1998-3976, 63 FR 35139, 35140, June 29, 1998; USCG-2008-0906, 73 FR 56511, Sept. 29, 2008] | (a) This section does not limit the authority of the Director under any other section in this chapter. (b) When pilotage service is not provided by the association authorized under 46 U.S.C. 9304 because of a physical or economic inability to do so, or when the Certificate of Authorization is under suspension or revocation under § 401.335, the Director may order any U.S. registered pilot to provide pilotage service. |
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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);