[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: 33CFR141.20]

[Page 141-142]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
 
PART 141--PERSONNEL--Table of Contents
 
                  Subpart A--Restrictions on Employment
 
Sec. 141.20  Exemptions from restrictions on employment.

    (a) An employer may request an exemption from the restrictions on 
employment in Sec. 141.15 in order to employ persons other than citizens 
of the United States or resident aliens as part of the regular 
complement of the unit under the following circumstances:
    (1) When specific contractual provisions or national registry 
manning requirements in effect on September 18, 1978 provide that a 
person other than a citizen of the United States or a resident alien is 
to be employed on a particular unit.
    (2) When there is not a sufficient number of citizens of the United 
States or resident aliens qualified and available for the work.
    (3) When the President determines with respect to a particular unit 
that the employment of only citizens of the United States or resident 
aliens is not consistent with the national interest.
    (b) The request must be in writing, identify the provision of 
paragraph (a) of this section relied upon, and:
    (1) If involving specific contractual provisions under paragraph 
(a)(1) of this section, list the persons claimed exempt and contain a 
copy of the contract;
    (2) If involving persons without an H-2 Visa under paragraph (a)(2) 
of this section, list the persons or positions sought to be exempted; or
    (3) If under paragraph (a)(3) of this section, identify the unit 
involved and contain any information in support of the claim.
    (c) Requests must be submitted to the Commandant (G-MOC), U.S. Coast

[[Page 142]]

Guard Headquarters, 2100 2nd Street, SW., Washington, D.C. 20593.
    (d) Upon receipt of a request under paragraph (a)(2) of this 
section, the Coast Guard seeks information from the Department of Labor 
concerning whether there are citizens of the United States or resident 
aliens qualified and available for work. If information is provided that 
citizens of the United States or resident aliens are qualified and 
available, the employer may be required to seek their employment before 
the request is approved.
    (e) Upon receipt of a request under paragraph (a)(3) of this section 
and after consulting with other Federal agencies as appropriate, the 
Commandant forwards the request and the comments of the Coast Guard and 
other interested agencies to the President for determination.
    (f) Upon approval by the President for request under paragraph 
(a)(3) of this section or by the Coast Guard for all other requests, the 
Coast Guard issues a certification of the exemption. A certification 
issued under paragraph (a)(2) of this section is valid for one year from 
the date of issuance.
    (g) If, within 30 days of receipt by the Coast Guard of a request 
under paragraph (a)(2) of this section, the Coast Guard does not make a 
determination or advise the employer that additional time for 
consideration is necessary, the request is considered approved for a 
period of 90 days from the end of the 30 day period.
    (h) A request need not be submitted for persons who are not citizens 
of the United States or resident aliens and who:
    (1) Are employed under the national registry manning requirements 
exception in paragraph (a)(1) of this section; or
    (2) Have been classified and admitted to the United States as 
temporary workers under 8 U.S.C. 1101(a)(15)(H)(ii) for work in a 
position for which admitted.

(Approved by the Office of Management and Budget under OMB control 
number 2130-0182)

[CGD 78-160, 47 FR 9379, Mar. 4, 1982, as amended by CGD 96-026, 61 FR 
33665, June 28, 1996]