CHAPTER 3-NAVIGATION RULES FOR HARBORS, RIVERS, AND INLAND WATERS GENERALLY 33 U.S.C. 157a-Regulations for navigation or operation under bridges over navigable waters-lights, signals, and other navigational means and appliances; departure from rules (civil) 33 U.S.C. 158-Penalty for violations by pilot, engineer, mate or master (civil) 33 U.S.C. 159-Penalty for violations by vessel (civil) CHAPTER 4-NAVIGATION RULES FOR GREAT LAKES AND THEIR CONNECTING AND TRIBUTARY WATERS 33 U.S.C. 244-Penalty for violation of provisions (civil) CHAPTER 5-NAVIGATION RULES FOR RED RIVER OF THE NORTH AND RIVERS EMPTYING INTO GULF OF MEXICO AND TRIBUTARIES 33 U.S.C. 303-Penalty for violation by vessel (civil) CHAPTER 6-GENERAL DUTIES OF SHIP OFFICERS AND OWNERS AFTER COLLISION OR OTHER ACCIDENT 33 U.S.C. 361-Reports or accidents generally; penalty (civil) 33 U.S.C. 362-Report of probable loss of vessel; penalty (civil) 33 U.S.C. 368-Penalty for failure to give aid, etc. (criminal) CHAPTER 8-SUMMARY TRIALS FOR CERTAIN OFFENSES AGAINST NAVIGATION LAWS 33 U.S.C. 395-Limit of sentence (criminal) CHAPTER 9-PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY 33 U.S.C. 406-Penalty for wrongful construction of bridges, piers, etc. (criminal) 33 U.S.C. 410-Exception as to floating loose timber, sack rafts, etc.; violation of regulations (criminal) 33 U.S.C. 411-Penalty for wrongful deposit of refuse; use of or injury to harbor improvements and obstruction of navigable waters generally (criminal) 33 U.S.C. 421-Deposit of refuse, etc., in Lake Michigan near Chicago (criminal) 33 U.S.C. 441-New York Harbor of Hampton Roads, and Harbor of Baltimore; deposit of refuse prohibited; penalty (criminal) 33 U.S.C. 443-Permit for dumping; penalty for taking or towing boat or scow without permit (criminal) 33 U.S.C. 445-Equipment and marking of boats or scows (criminal) 33 U.S.C. 447-Bribery of inspector; penalty (criminal) 33 U.S.C. 448-Return of permit; penalty for failure to return (criminal) 33 U.S.C. 449-Disposition of dredged matter; persons liable; penalty (criminal) 33 U.S.C. 452-Taking shellfish or otherwise interfering with navigation in New York Harbor channels; penalty (criminal) CHAPTER 10-ANCHORAGE GROUNDS AND HARBOR REGULATIONS GENERALLY 33 U.S.C. 471-Establishment by Secretary of Transportation of anchorage grounds and regulations generally (civil) 33 U.S.C. 474-Anchorage and general regulations for Saint Mary's River (civil) CHAPTER 11-BRIDGES OVER NAVIGABLE WATERS 33 U.S.C. 495-Failure to comply with regulations; penalty, removal of bridge (civil and criminal) 33 U.S.C. 499-Regulations for drawbridges; penalties for violations; enforcement (civil and criminal) 33 U.S.C. 502-Liability for failure to alter bridge obstructing navigation (civil and criminal) 33 U.S.C. 519-Alteration of bridges; noncompliance with orders; penalties; removal of bridge (criminal) 33 U.S.C. 533-Penalties, maintenance and operation of bridges, obedience to subpoena, etc., (civil and criminal) CHAPTER 12-RIVER AND HARBOR 33 U.S.C. 555-Duty of shipowners and officers to furnish information required by Secretary of the Army (criminal) 33 U.S.C. 601-Mississippi River, regulation of reservoirs at headwaters (criminal) CHAPTER 20-POLLUTION OF THE SEA BY OIL 33 U.S.C. 1005-Penalties for violations; liability of vessel (criminal) 33 U.S.C. 1007-Personnel for enforcement of provisions; arrest of offenders and procedures; ship fittings and equipment; civil penalty (civil) 33 U.S.C. 1008-Oil record book-printing regulations by Secretary (criminal) CHAPTER 24-VESSEL BRIDGE-TO-BRIDGE COMMUNICATION 33 U.S.C. 1208-Penalties (civil)` CHAPTER 25-PORTS AND WATERWAYS SAFETY PROGRAM 33 U.S.C. 1226-Civil penalties; proceedings for collection (civil) 33 U.S.C. 1227-Criminal penalties (criminal) CHAPTER 26-WATER POLLUTION PREVENTION AND CONTROL 33 U.S.C. 1321(b)-Congressional declaration of policy against discharges of oil or 311-125 0-92-2 hazardous substances; liability; penalties (civil and criminal) 33 U.S.C. 1321(j)—Oil and hazardous substance liability; regulations (civil) 33 U.S.C. 1321(p)—Financial responsibility (civil) 33 U.S.C. 1322-Marine sanitation devices (civil) CHAPTER 27-OCEAN DUMPING 33 U.S.C. 1415-Dumping-penalties; assessment of civil penalty by Administrator; Court action for appropriate relief (civil and criminal) TITLE 42-PUBLIC HEALTH AND WELFARE CHAPTER 6A-THE PUBLIC HEALTH SERVICE 42 U.S.C. 271-Penalties for violation of quarantine laws (criminal) TITLE 43-PUBLIC LANDS CHAPTER 29-SUBMERGED LANDS 43 U.S.C. 1333-Outer Continental Shelf lands-laws and regulations governing (criminal) TITLE 46-SHIPPING CHAPTER 2-REGISTRY AND RECORDING 46 U.S.C. 30-Surrender of certificate granted to purchaser (civil) 46 U.S.C. 32-Surrender of certificate granted to agent (civil) 46 U.S.C. 37-Surrender of certificate obtained or loss of original (civil) 46 U.S.C. 38-Penalty for not obtaining new registry (civil) 46 U.S.C. 40-Change of master; indorsement on certificate of registry (civil) 46 U.S.C. 45-Numbers for vessels (civil) 46 U.S.C. 46-Names and home ports marked on bow and stern (civil) 46 U.S.C. 58-Penalty for misconduct by officers (criminal) 46 U.S.C. 59-Penalty for neglect by officers (criminal) 46 U.S.C. 62-Making or using forged papers (criminal) 46 U.S.C. 77-Tonnage (civil) 46 U.S.C. 83i-Gross and net tonnage statements; penalty for false statements (civil) 46 U.S.C. 83j-Penalty for failure to display tonnage mark (civil) CHAPTER 2A-LOADLINES FOR AMERICAN VESSELS 46 U.S.C. 85g-Penalties for violations of sections 85-85g; seizure of vessel (civil and criminal) 46 U.S.C. 88g-Penalties for violations of sections 88-88i; seizure of vessels (civil and criminal) 46 U.S.C. 108-Licensed yacht must comply with law; penalty for violation (civil) CHAPTER 6-REGULATION AS TO VESSELS 46 U.S.C. 151-Accommodations for steerage passengers in vessels from foreign ports (criminal) 46 U.S.C. 152-Berths for passengers (civil) 46 U.S.C. 153—Light, air, and accommodations for passengers (civil) 46 U.S.C. 154-Food (criminal) 46 U.S.C. 155-Hospitals, surgeon, and medicine (civil) 46 U.S.C. 156-Discipline and cleanliness; space for exercise of passengers (civil) 46 U.S.C. 156a-Transportation of animals by vessels carrying steerage passengers (criminal) 46 U.S.C. 157-Visiting parts of vessels occupied by passengers (criminal) 46 U.S.C. 158-Boarding vessels on arrival; passenger lists (civil) 46 U.S.C. 159-Death of passengers; payment to collector for (civil) 46 U.S.C. 161-Vessels carrying immigrant passengers to foreign countries; withholding clearance papers (criminal) CHAPTER 7-CARRIAGE OF EXPLOSIVES OR 46 U.S.C. 170-Regulation of carriage of explosives or other dangerous articles on vessels (civil and criminal) CHAPTER 9-LOG BOOKS 46 U.S.C. 203-Penalty for omitting entries (civil) CHAPTER 10A-REGULATIONS OF GREAT LAKES PILOTS AND PILOTAGE 46 U.S.C. 216e-Violations; civil penalties; enforcement (civil) CHAPTER 11-OFFICERS AND CREWS OF VESSELS 46 U.S.C. 222-Complement of officers and crew of vessels; penalties (civil) 46 U.S.C. 224-Licensing of officers (civil) 46 U.S.C. 224a-Same; Officers Competency Certificates Convention, 1936 (civil) 46 U.S.C. 229b-Licenses of radiotelegraph operators as officers; granting of licenses; necessity of carrying licensed operators; penalty (civil) 46 U.S.C. 229e-Same; oath; affirmation of application; perjury; penalty (criminal) 46 U.S.C. 229f-Same; exhibition of license (civil) 46 U.S.C. 231-Oath of licensed officers; perjury; alteration of certificate or license (criminal) 46 U.S.C. 232-Exhibition of licenses (civil) 46 U.S.C. 235-Watch duty of deck officer (civil) 46 U.S.C. 239-Investigation of marine casualties-casualty involving loss of life; reports (criminal) 46 U.S.C. 246-Registration of purser and surgeons; creation of staff departments; on vessels, medical division; purser's division; offenses; penalties (civil and criminal) 46 U.S.C. 249c-Regulations governing manufacture, sale, possession or display of decorations; penalties (criminal) CHAPTER 12-REGULATION OF VESSELS IN 46 U.S.C. 265-Exchange, when vessel is in another district (civil) 46 U.S.C. 267-Presentation of license for removal by indorsement; surrender (civil) 46 U.S.C. 276-Change of master (civil) 46 U.S.C. 277-Inspection of documents (civil and criminal) 46 U.S.C. 319-Fine for trading without license (civil) 46 U.S.C. 321-Penalty for illegal enrollment or license (civil) 46 U.S.C. 322-Penalty for malfeasance (civil and criminal) 46 U.S.C. 323-Penalty for forgery and alteration (civil) 46 U.S.C. 324-Penalty for obstructing officers (civil) CHAPTER 13-PASSENGERS AND PAPERS OF 46 U.S.C. 355-Penalty for failure to deposit papers (civil) CHAPTER 14-INSPECTION OF STEAM VESSELS 46 U.S.C. 362-Domestic and foreign vessels-laws applicable; reciprocal acceptance of foreign certificates of inspection; fees (civil) 46 U.S.C. 369-Examination and approval by Commandant of the Coast Guard-technical staff; qualifications and appointment; duty to pass on plans and specifications; notice of disapproval (civil and criminal) 46 U.S.C. 390d-Small passenger-carrying vessel; violations; penalty; liability; jurisdiction (civil) 46 U.S.C. 391a-Vessels carrying certain cargoes in bulk, penalties (civil and criminal) 46 U.S.C. 398-Navigating barge without certificate (civil) 46 U.S.C. 402-Penalty for receiving passengers in absence of unexpired certificate of approval (civil) 46 U.S.C. 403-Punishment for certifying falsely (criminal) 46 U.S.C. 407-Punishments for improper construction of boilers and unfired pressure vessels (civil) 46 U.S.C. 408-Boiler plates (criminal) 46 U.S.C. 410-Counterfeiting stamps (criminal) 46 U.S.C. 413-Obstructing safety valves (criminal) 46 U.S.C. 436-Penalty for failure to make repairs on notice (civil) CHAPTER 15-TRANSPORTATION OF PASSENGERS AND MERCHANDISE BY STEAM VESSELS 46 U.S.C. 452-Penalty for carrying too many passengers (civil and criminal) 46 U.S.C. 457-Regattas or marine parades; penalties for violations (civil) 46 U.S.C. 461-Penalty for failure to keep list of passengers (civil) 46 U.S.C. 471-Punishment for failure to keep watchman (civil) 46 U.S.C. 479-Penalty for not providing proper accommodations for passengers (civil) 46 U.S.C. 481-Regulations for vessels subject to Coast Guard-lifesaving and firefighting equipment, muster lists, tackle and hawsers, bilge systems (civil and criminal) 46 U.S.C. 492-Copies of laws governing marine vessels (civil) 46 U.S.C. 497-Title 52 of the Revised statutes as contained in Title 46 of the United States Code; penalty for failure to comply with provisions of (civil and criminal) 46 U.S.C. 498-Same; penalty in cases not provided for (civil) CHAPTER 16-REGULATIONS OF MOTOR BOATS 46 U.S.C. 5260-Violations generally; penalties (civil) CHAPTER 18-MERCHANT SEAMEN 46 U.S.C. 542a-Demanding or receiving remuneration for supplying seamen for merchant vessels; penalty (criminal) 46 U.S.C. 546-Penalty for personating shipping commissioner (criminal) 46 U.S.C. 562-Shipment of crew; indenture of apprentice to be produced to commissioner (civil) 46 U.S.C. 563-Same; shipping agreements (criminal) 46 U.S.C. 567-Penalty for shipping without agreement (civil) 46 U.S.C. 568-Penalty for knowingly shipping seamen without articles (civil) 46 U.S.C. 571-Shipping seamen in foreign ports; penalty (civil) 46 U.S.C. 575-Penalty for shipping without articles (civil) 46 U.S.C. 577-Posting copy of agreement (civil) 46 U.S.C. 599-Wages of seamen; advances and allotments (criminal) 46 U.S.C. 623-Penalty for neglect of master (civil) 46 U.S.C. 626-Payment to district court of money and effects of deceased seamen (civil) 46 U.S.C. 641-Discharge; mode (civil) 46 U.S.C. 642-Accounting as to wage (civil) 46 U.S.C. 643-Continuous discharge book and certificate of identification-issuance (civil and criminal) 46 U.S.C. 652-Examination of witnesses (civil) 46 U.S.C. 653-Complaint that vessel is unseaworthy (civil) 46 U.S.C. 658-Discharge of crew on account of unseaworthiness; penalty for sending unseaworthy vessel to sea (criminal) 46 U.S.C. 660-Refusal to pay wages and charges (criminal) 46 U.S.C. 660-1-Space and accommodations for crew; hospital compartments (civil) 46 U.S.C. 662-Complaint as to provisions or water; examination (civil) 46 U.S.C. 664-Permission from master to enter complaint as to provisions or water (civil) 46 U.S.C. 667-Penalty for failure to keep medicines (civil) 46 U.S.C. 668-Weights and measures (civil) 46 U.S.C. 669-Clothing and heat (civil) 46 U.S.C. 670-Slop chests (civil) 46 U.S.C. 672-Requirements, qualifications, and regulations as to crews-officers and pilots (civil and criminal) 46 U.S.C. 672a-Nationality of crews-officers and pilots (civil) 46 U.S.C. 673-Requirements as to watches; duties of seamen; hours of work; penalty (civil) 46 U.S.C. 676-Rules as to list of crew (criminal) 46 U.S.C. 677--Production of copy of list on return of vessel; production of persons named (civil) 46 U.S.C. 684-Wages or discharge in case of sale (criminal) 46 U.S.C. 701-Merchant seamen; various offenses; penalties (criminal) 46 U.S.C. 710-Carrying sheath knives (civil) CHAPTER 19-WRECKS AND SALVAGE 46 U.S.C. 728-Duty of master to assist persons in danger (criminal) 46 U.S.C. 738b-Operator of vessel to give notice of routes; avoidance of ice regions; penalty (civil) 46 U.S.C. 738c-Speed of vessel in ice region; penalty (civil) CHAPTER 24-MERCHANT MARINE ACT, 1920 46 U.S.C. 882-Number of passengers cargo vessels may carry (civil) 46 U.S.C. 883-1-Corporation as citizen; fisheries and transportation of merchandise or passengers between points in United States (civil) 46 U.S.C. 883a-Reports required of United States vessels rebuilt abroad; penalty for failure to report (civil) CHAPTER 25-SHIP MORTGAGES 46 U.S.C. 941-Failure of master to exhibit documents; unlawful acts by mortgagor; liability of collector of customs (criminal) CHAPTER 27-MERCHANT MARIN ACT, 1936 46 U.S.C. 1132-Citizenship of officers and crew vessels documented under laws of United States (criminal) CHAPTER 29-NAUTICAL INSTRUCTION 46 U.S.C. 1333-Inspection of vessels (criminal) CHAPTER 33-FEDERAL BOAT SAFETY ACT OF 1971 46 U.S.C. 1483-Criminal penalties (criminal) 46 U.S.C. 1484-Civil penalties (civil) TITLE 47-TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 2-SUBMARINE CABLES 47 U.S.C. 21-Willful injury to; punishment (criminal) 47 U.S.C. 22-Negligent injury to; punishment (criminal) 47 U.S.C. 24-Vessels laying cables; signals; avoidance of buoys (criminal) 47 U.S.C. 25-Fishing vessels; duty to keep nets from cables (criminal) 47 U.S.C. 27-Offending vessels to show nationality (criminal) 47 U.S.C. 37-Licenses for landing or operating cable connecting United States with foreign country; violations; punishment (criminal) TITLE 50-WAR AND NATIONAL DEFENSE CHAPTER 12-VESSELS IN TERRITORIAL WATERS OF THE UNITED STATES 50 U.S.C. 192-Seizure and forfeiture; fine and imprisonment (criminal) [CGD 74-46, 39 FR 19472, June 3, 1974, as amended by CGD 82-102, 47 FR 54299, Dec. 2, 1982] Subpart 1.08-Written Warnings by Coast Guard Boarding Officers AUTHORITY: 14 U.S.C. 633; 49 CFR 1.46(b). § 1.08-1 Applicability. (a) The regulations in this subpart apply to certain violations of the following statutes and regulations for which Coast Guard boarding officers are authorized to issue written warnings instead of recommending civil or criminal penalty procedures under subpart 1.07 of this part: (1) 46 CFR 25.05 whistles or other sound producing devices; (2) 33 CFR part 175, subpart B and 46 CFR subpart 25.25, Personal Flotation Devices. (7) 33 CFR part 155 oil pollution prevention; and (8) 46 CFR 25.30 fire extinguishers; (9) 33 CFR part 159 marine sanitation devices; (10) 33 CFR part 175 subpart C, Visual Distress Signals. (11) 33 CFR 88.05 Copy of rules. (b) The Commandant authorizes designated boarding officers to issue warnings for certain minor violations of the statutes and regulations listed in paragraph (a) of this section. Written warnings are not authorized for all violations of these statutes and regulations. (14 U.S.C. 633, 85 Stat. 228 (46 U.S.C. 1488); 86 Stat. 871 (33 U.S.C. 1322); 49 CFR 1.46(b), (m), and (n)(1)) [CGD 74-155, 41 FR 17894, Apr. 29, 1976, as amended by CGD 77-182, 43 FR 22657, May 25, 1978; CGD 82-040, 47 FR 21042, May 17, 1982; CGD 85-009, 50 FR 10761, Mar. 18, 1985] (d) The district commander of the district in which the warning is issued may rescind a written warning and institute civil penalty action under § 1.07-9 of this part if a record check discloses a prior written warning or violation issued within one year or in the case of a violation of 33 CFR part 159 a prior written warning or violation issued within three years. (e) Within 15 days after the date of issue, any person issued a written warning by a Coast Guard boarding officer may appeal the issuance of the warning to the district commander by providing in writing or in person any information that denies, explains, or mitigates the violations noted in the warning. (f) Each written warning shall indicate that: (1) The warning is kept on file for a period of not more than one year after date of issue or in the case of a violation of 33 CFR part 159 a period of not more than three years for reference in determining appropriate penalty action if there is a subsequent violation; (2) If a record check reveals a prior written warning or violation within the time period designated in § 1.085(d) of this part, the warning may be revoked and civil penalty action instituted; (3) If an additional violation occurs within the time period designated in § 1.08-5(d) the warning may be used as a basis for the assessment of a higher penalty for the subsequent violation; and (4) Within 15 days after the date of issue, the person who is issued the warning may appeal to the District Commander by providing in writing or in person any information or material that denies, explains, or mitigates the violations noted in the warning. (14 U.S.C. 633; 85 Stat. 228 (46 U.S.C. 1488); 86 Stat. 871 (33 U.S.C. 1322); 49 CFR 1.46 (b), (m), and (n)(1)) [CGD 74-155, 41 FR 17894, Apr. 29, 1976, as amended by CGD 77-182, 43 FR 22657, May 25, 1978] |