[Code of Federal Regulations]

[Title 33, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR19.06]



[Page 68-69]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

 

PART 19_WAIVERS OF NAVIGATION AND VESSEL INSPECTION LAWS AND 

REGULATIONS \1\--Table of Contents

 

Sec. 19.06  Vessels operated by or chartered to Military Sealift Command.



    (a) Pursuant to the request of the Deputy Secretary of Defense, 

dated August 6, 1958, and to the request of the Assistant Secretary of 

Defense, Installations and Logistics, dated May 23, 1964, made under the 

provisions of section 1 of Pub. L. 891, 81st Congress, approved December 

27, 1950 (64 Stat. 1120; 46 U.S.C., note preceding section 1), and their 

findings that a waiver is necessary in the interest of national defense, 

compliance with the provisions of the navigation and vessel inspection 

laws administered by the United States Coast Guard, as well as the 

regulations issued thereunder and contained in 33 CFR Chapter I, or in 

this chapter, is hereby waived to the extent and upon the terms and 

conditions as set forth in this section, in order to permit vessels 

operated by or chartered to the Military Sealift Command to carry out 

their assigned missions.

    (b) An application requesting that this waiver be made effective 

with respect to a particular vessel may be made by the Commander, 

Military Sealift Command, or any one of his duly designated 

representatives. Except as provided in paragraph (e) of this section, 

the application shall be in writing. The application shall be delivered 

to the Coast Guard District Commander or to his designated 

representative at the port or place where the vessel is located. In the 

case of a vessel in any foreign port or place, the application shall be 

made to the designated representative of the Commandant at such port or 

place, or if the Coast Guard has not established facilities in such port 

or place, to the nearest designated representative of the Commandant at 

a port or place where such facilities have been established, or to the 

Commandant (G-MOC), U.S. Coast Guard, Washington, DC 20593-0001. Every 

application shall:

    (1) Describe the laws and/or regulations by appropriate references 

and/or subjects with respect to which the waiver of compliance is 

desired;

    (2) Contain a certification that the waiver of compliance with such 

laws and/or regulations with respect to the vessel involved is necessary 

in the interest of national defense and is necessary for the Military 

Sealift Command to carry out an assigned mission;

    (3) The name and official number of the vessel involved (including 

the names of master, agent, and owner of the vessel involved); and

    (4) For how long the waiver is needed.

    (c) The Coast Guard officer making the waiver in paragraph (a) of 

this section effective for a particular vessel



[[Page 69]]



shall immediately prepare, in quadruplicate, an order setting forth:

    (1) The name and official number of the vessel involved;

    (2) The laws and/or regulations with respect to which the waiver is 

effective;

    (3) The extent to which compliance with such laws and/or regulations 

is waived; and

    (4) The period for which the waiver shall be effective.

    (d) If practicable, one copy of this waiver order shall be delivered 

to the master of the vessel involved before such vessel sails. In any 

case where the waiver order is not delivered to the master, it shall be 

delivered to the owner, operator, or agent of the vessel without delay. 

One copy of the waiver order shall be delivered to the Commander, 

Military Sealift Command, or his duly designated representative, who 

submitted the application. One copy of the waiver order shall be 

transmitted to the Commandant (G-MOC) and the remaining copy kept on 

file.

    (e) In any case of extreme urgency, the application for a waiver 

order may be made orally and if the Coast Guard District Commander (or 

his designated representative, or the designated representative of the 

Commandant, or the Commandant, as the case may be), determines that the 

conditions in this section have been met, the waiver order shall be made 

effective without further delay, subject to the condition that the 

application be reduced to writing and delivered within such period after 

the date of the oral request as the Coast Guard officer making the 

waiver effective shall specify in the confirming written waiver order.

    (f) No penalty shall be imposed because of failure to comply with 

any provision of law and/or regulation, the waiver of which has been 

made effective pursuant to the requirements of this section.

    (g) This waiver order shall remain in effect until terminated by 

proper authority and notice of cancellation is published in the Federal 

Register.



[CGFR 64-86, 30 FR 88, Jan. 6, 1965, as amended by CGD 88-052, 53 FR 

25119, July 1, 1988; CGD 96-026, 61 FR 33662, June 28, 1996; USCG-2004-

18057, 69 FR 34925, June 23, 2004]