AUTHORITY: The provisions of this Part 2 issued under sec. 633, 63 Stat. 545, secs. 553 and 559, 80 Stat. 383, 388, sec. 6(b)(1), 80 Stat 938; 14 U.S.C. 633, 5 U.S.C. 553, 559, 49 U.S.C. 1655(b); 49 CFR 1.4 (a) (2) and (f).

SOURCE: The provisions of this Part 2 contained in CGFR 61-53, 26 F.R. 12159, Dec. 20, 1961, unless otherwise noted.

Subpart 2.01-General Provisions § 2.01-1

Scope.

(a) The rules and regulations in this part are statements of policy, interpretive rulings, or descriptions of practices with respect to the general duties and jurisdiction of the Coast Guard in the administration and enforcement of navigation and vessel inspection laws.

(b) The primary duties of the Coast Guard are described in section 2 of Title 14 (Coast Guard), U.S. Code, and sections 2 and 372 of Title 46 (Shipping), U.S. Code.

§ 2.01-5 Assignment of functions.

(a) The Department of Transportation Act (Public Law 89-670, 80 Stat. 931950, 49 U.S.C. 1651-1659), transferred to and vested in the Secretary of Transportation "* * * all functions, powers, and duties, relating to the Coast Guard of the Secretary of the Treasury and of other officers and offices of the Department of the Treasury" (subsection 6(b)(1), 49 U.S.C. 1655 (b)). This transfer is subject

to certain conditions, modifications, and exceptions as set forth in such act. By rules in 49 CFR 1.4 (a) and (f) the Secretary of Transportation delegated to the Commandant, U.S. Coast Guard, authority to exercise certain functions, powers, and duties as set forth in subsections 6(a)(4), 6(b)(1), and 6(g) of such act (49 U.S.C. 1655), subject to conditions, exceptions, and modifications as described in 49 CFR Part 1. By a rule in 49 CFR 1.9 the Secretary of Transportation continued in effect actions taken prior to April 1, 1967.

(b) The Commandant, U.S. Coast Guard, in a notice dated March 31, 1967, and effective April 1, 1967 (32 F.R. 5611), approved the continuation of orders, rules, regulations, policies, procedures, privileges, waivers, and other actions, which had been made, allowed, granted, or issued prior to April 1, 1967, and provided that they shall continue in effect according to their terms until modified, terminated, repealed, superseded, or set aside by appropriate authority.

[CGFR 69-04, 34 F.R. 2204, Feb. 14, 1969] § 2.01-10 Penalties and violations.

(a) The regulations in this part are "interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice" as described in section 553 of title 5, United States Code. The failure to comply with any law as interpreted by a regulation in this part will be considered as a violation of such law and a penalty may be assessed.

(b) The reports of violations of navigation and vessel inspection laws, as well as the assessment, collection, mitigation or remission of penalties authorized by law shall be in accordance with 46 CFR Subpart 2.50 (Subchapter AProcedures Applicable to the Public). [CGFR 61-53, 26 F.R. 12159, Dec. 20, 1961, as amended by CGFR 69-04, 34 F.R. 2204, Feb. 14, 1969]

Subpart 2.05-Coast Guard Functions and Powers

waters subject to the jurisdiction of the United States covering all matters not specifically delegated by law to some other executive department; shall develop, establish, maintain, and operate, with due regard to the requirements of national defense, aids to maritime navigation, ice-breaking facilities, and rescue facilities for the promotion of safety on and over the high seas and waters subject to the jurisdiction of the United States; shall engage in oceanographic research on the high seas and in water subject to the jurisdiction of the United States; and shall maintain a state of readiness to function as a specialized service in the Navy in time of war.

(b) Section 2 of Title 46 (Shipping), U.S. Code, states certain duties of the Coast Guard as follows:

The Commandant of the Coast Guard and the Commissioner of Customs shall have general superintendence of the commercial marine and merchant seamen of the United States so far as vesssels and seamen are not under existing laws subject to the supervision of any other officer of the Government.

(c) Section 4403 of the Revised Statutes, as amended (46 U.S.C. 372), states administrative duties of the Coast Guard with respect to inspections as follows:

The Commandant of the Coast Guard shall superintend the administration of the steamboat-inspection laws, and produce a correct and uniform administration of the inspection laws, rules, and regulations.

(d) The regulations in 46 CFR Chapter I, and in this chapter have been prescribed to implement various laws administered or enforced by the Coast Guard, which laws are described in or with the applicable regulations. § 2.05-5

Law enforcement.

(a) Section 89 of Title 14 (Coast Guard), U.S. Code, states the law enforcement duties of the Coast Guard as follows:

The Coast Guard may make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the United States has jurisdiction, for the prevention, detection, and suppression of violations of laws of the United States. For such purposes, commissioned, warrant, and petty officers may at any time go on board any vessel subject to the jurisdiction, or to the operation of any law, of the United States, address inquiries to those on board, examine the ship's documents and papers, and examine, inspect, and search the vessel and use all necessary force to compel compliance. When from such inquiries, examination, inspection, or search it appears

that a breach of the laws of the United States rendering a person liable to arrest is being, or has been committed, by any person, such person shall be arrested or, if escaping to shore, shall be immediately pursued and arrested on shore, or other lawful and appropriate action shall be taken; or, if it shall appear that a breach of the laws of the United States has been committed so as to render such vessel, or the merchandise, or any part thereof, on board of, or brought into the United States by, such vessel, liable to forfeiture, or so as to render such vessel liable to a fine or penalty and if necessary to secure such fine or penalty, such vessel or such merchandise, or both, shall be seized.

The officers of the Coast Guard insofar as they are engaged, pursuant to the authority contained in this section, in enforcing any law of the United States shall:

be deemed to be acting as agents of the particular executive department or independent establishment charged with the administration of the particular law; and be subject to all the rules and regulations promulgated by such department or independent establishment with respect to the enforcement of that law.

The provisions of this section are in addition to any powers conferred by law upon such officers, and not in limitation of any powers conferred by law upon such officers, or any other officers of the United States.

(b) Subsection 8(c) of the Federal Boating Act of 1958 (46 U.S.C. 527e), states the enforcement duties of the Coast Guard as follows:

Commissioned, warrant, and petty officers of the Coast Guard may board any vessel required to be numbered under this act at any time such vessel is found upon the navigable waters of the United States, its Territories and the District of Columbia, or on the high seas, address inquiries to those on board, require appropriate proof of identification therefrom, examine the certificate of number issued under this subchapter, or in the absence of such certificate require appropriate proof of identification of the owner of the vessel, and, in addition, examine such vessel for compliance with this Act, the Act of April 25, 1940, as amended, and the applicable rules of the road.

(c) As a service authorized to assist the Treasury Department, Subsection 1581(b) of Title 19, U.S. Code, the Coast Guard's enforcement duties with respect to navigation laws are:

Officers of the Department of the Treasury and other persons authorized by such department may go on board of any vessel at any place in the United States or within the customs waters and hail, stop, and board such vessel in the enforcement of the navigation laws and arrest or, in case of escape

or attempted escape, pursue and arrest any person engaged in the breach or violation of the navigation laws.

(d) Section 5294 of the Revised Statutes, as amended (46 U.S.C. 7), describes authority of the Commandant with respect to penalties for violations of certain laws and their remission or mitigation as follows:

of the Coast

The Commandant Guard , may, upon application therefor, remit or mitigate any fine, penalty, or forfeiture provided for in laws relating to vessels or discontinue any prosecution to recover penalties or relating to forfeitures denounced in such laws, excepting the penalty of imprisonment or of removal from office, upon such terms as he, in his discretion, shall think proper; and all rights granted to informers by such laws shall be held subject to the Commandant's * powers of remission, except in cases where the claims of any informer to the share of any penalty shall have been determined by a court of competent jurisdiction prior to the application for the remission of the the penalty or forfeiture; and the Commandant * * shall have authority to ascertain the facts upon all such applications in such manner and under such regulations as he may deem proper.

(a) For the purposes of describing Coast Guard jurisdiction generally in section 2, Title 14, U.S. Code, the act of May 10, 1956 (46 U.S.C. 390), and other laws relating to navigation, navigable waters, or vessel inspection, the term "high seas" shall be considered to be those parts of a sea or ocean which are not included in the territorial sea or in the internal waters of a nation.

(b) For the purposes of the Rules of the Road as contemplated by section 2 of the act of February 19, 1895 (33 U.S.C. 151), or enforcement of R.S. 4438a, as amended (46 U.S.C. 224a), the Coastwise Load Line Act, as amended (46 U.S.C. 88), the act of June 20, 1936, as amended (46 U.S.C. 367), and other laws referring to the act of February 19, 1895, the term "high seas" shall be construed to be the waters upon which the "Rules of the Road-International" shall apply. (See section 82.1 of this chapter.)

(c) For the purpose of describing Coast Guard jurisdiction with respect to criminal offenses under Title 18, U.S. Code,

the term "high seas" as defined in section 7 of Title 18, U.S. Code, includes the territorial sea as well as the seas beyond the territorial sea which are "out of the jurisdiction of any particular state". In some instances, individual sections of Title 18 cover offenses committed on both the high seas and on navigable waters of the United States within a State. Of course, criminal jurisdiction on the high seas outside the territorial sea is restricted to American-flag vessels.

§ 2.10-5 Navigable waters of the United States.

(a) As used in the Federal Boating Act of 1958 (46 U.S.C. 527a and 527e), the act of April 25, 1940, as amended (46 U.S.C. 526u), the act of May 10, 1956 (46 U.S.C. 390b), and other laws, the term "navigable waters of the United States" shall be construed to mean those waters of the United States, including the territorial seas adjacent thereto, the general character of which is navigable, and which, either by themselves or by uniting with other waters, form a continuous waterway on which boats or vessels may navigate or travel between two or more States, or to or from foreign nations. A stream which otherwise conforms with the above definition would not change its navigable character because of the existence of natural or artificial obstructions such as falls, shallows, rapids, dams, or bridges.

(b) The Federal Government has the power to improve the navigable capacity of streams and declare such waters to be navigable waters of the United States in order to regulate the use thereof and navigation thereon. The erection of dams or other structures on navigable waters would not change their navigable character unless a clear intent to do so was manifested by the Congress under its authority to regulate commerce among the several States and with foreign nations. Statutory declarations by Congress and decisions pronounced by the Federal courts as to the navigability of specific waters are binding upon the Coast Guard.

§ 2.10-10 Waters subject to the jurisdiction of the United States.

(a) As used in section 2 of Title 14, U.S. Code, the term "waters subject to the jurisdiction of the United States", for the purpose of enforcement of navigation and vessel inspection laws and regulations administered by the Coast