[Code of Federal Regulations]
[Title 33, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR125.35]

[Page 12]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
 
PART 125--IDENTIFICATION CREDENTIALS FOR PERSONS REQUIRING ACCESS TO 
WATERFRONT FACILITIES OR VESSELS--Table of Contents
 
Sec. 125.35  Notice by Commandant.

    (a) The notice provided for in Sec.Sec. 125.31 and 125.33 shall 
contain a statement of the reasons why the Commandant is not satisfied 
that the character and habits of life of the applicant or holder are 
such as to warrant the belief that his presence on waterfront 
facilities, and port and harbor areas, including vessels and harbor 
craft therein, would not be inimical to the security of the United 
States. Such notice shall be as specific and detailed as the interests 
of national security shall permit and shall include pertinent 
information such as names, dates, and places in such detail as to permit 
reasonable answer.
    (b) The applicant or holder shall have 20 days from the date of 
receipt of the notice of reasons to file written answer thereto. Such 
answer may include statements or affidavits by third parties or such 
other documents or evidence as the applicant or holder deems pertinent 
to the matters in question.
    (c) Upon receipt of such answer the procedure prescribed in Sec. 
125.29(b) shall be followed.
    (d) If the Commandant is satisfied that the character and habits of 
life of the applicant or holder are such as to warrant the belief that 
his presence on waterfront facilities, and port and harbor areas, 
including vessels and harbor craft therein, would not be inimical to the 
security of the United States, he shall, in the case of an applicant, 
direct that a Coast Guard Port Security Card be issued to the applicant, 
or, in the case of a holder, notify him accordingly.
    (e) If the Commandant is not satisfied that the applicant's or 
holder's character and habits of life are such as to warrant the belief 
that his presence on waterfront facilities, and port and harbor areas, 
including vessels and harbor craft therein, would not be inimical to the 
security of the United States, the Commandant shall refer the matter to 
a Hearing Board for hearing and recommendation in accordance with the 
provisions of this part.