1625-0020 Stat/Authority

Coast Guard, DHS

Pt. 6
§ 5.63

§ 5.49 Reimbursement for expenses.
Any person whose facility has been
offered to and accepted by the Coast
Guard may be reimbursed for the actual necessary expenses of operating
that facility, in accordance with applicable statutes and the procedures prescribed by the Commandant.

Insignia.

Insignia, as authorized by the Secretary, may be purchased from the
Coast Guard at actual cost and may be
worn by members of the Auxiliary
under such circumstances, at such
places, and upon such occasions as may
be prescribed by the Commandant.

[USCG–2003–15404, 68 FR 37740, June 25, 2003]

§ 5.65

§ 5.55 Compensation.
No member of the Auxiliary shall receive any compensation for his services
as a member of the Auxiliary.

Medals.

The Commandant may make awards,
including medals, to members of the
Auxiliary.
§ 5.69 Limitations of rights, privileges,
and benefits.

§ 5.57 Traveling expenses and per
diem.
A member of the Auxiliary, when assigned to specific duties, may be paid
actual necessary traveling expenses,
including a per diem allowance, in conformity with Comptroller’s Manual,
U.S. Coast Guard.

Section 893 of Title 14, U.S. Code,
reads as follows:
Members of the Auxiliary and temporary
members of the Reserve shall be entitled
only to such rights, privileges, and benefits
as are specifically set forth for them in this
title or as may be specifically provided for
them in any other Act of Congress. Any Act
of Congress which grants rights, privileges,
or benefits generally to military personnel,
or among others, to personnel of the Coast
Guard and the Coast Guard Reserve, without
specifically granting such rights, privileges,
or benefits to members of the Auxiliary or
temporary members of the Reserve, shall not
be deemed applicable to members of the Auxiliary or to temporary members of the Reserve.

[CGFR 49–46, 14 FR 7528, Dec. 16, 1949, as
amended by CGFR 61–55, 26 FR 10571, Dec. 28,
1961]

§ 5.59 Medical treatment and hospitalization.
When any member of the Auxiliary is
physically injured or dies as a result of
physical injury incurred while performing patrol duty or any other specific duty to which he has been assigned, such member or his beneficiary
shall be entitled to the same benefits
as are now or as may hereafter be provided for temporary members of the
Coast Guard Reserve who suffer physical injury or death resulting from
physical injury incurred in line of
duty. Members of the Auxiliary who
contract sickness or disease while performing patrol duty or any other specific duty to which they have been assigned shall be entitled to the same
hospital treatment as is afforded members of the Regular Coast Guard.

[CGFR 59–58, 24 FR 10718, Dec. 25, 1959]

PART 6—PROTECTION AND SECURITY OF VESSELS, HARBORS, AND
WATERFRONT FACILITIES
Subpart 6.01—Definitions
Sec.
6.01–1 Commandant.
6.01–2 District Commander.
6.01–3 Captain of the Port.
6.01–4 Waterfront facility.
6.01–5 Security zone.
6.01–6 Area Commander.

§ 5.61 Uniforms.
Members of the Auxiliary may purchase from the Coast Guard at actual
cost such uniforms as may be authorized by the Secretary. Such uniforms
may be worn by members of the Auxiliary under such circumstances and
upon such occasions as may be authorized by the Commandant.

Subpart 6.04—General Provisions
6.04–1 Enforcement.
6.04–5 Preventing access of persons, articles
or things to vessels, or waterfront facilities.
6.04–6 Establishing security zones; prohibitions with respect thereto.
6.04–7 Visitation, search, and removal.
6.04–8 Possession and control of vessels.

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§ 6.01–1
6.04–11

33 CFR Ch. I (7–1–03 Edition)

Assistance of other agencies.

§ 6.01–3

6.10–1 Issuance of documents and employment of persons aboard vessels.
6.10–5 Access to vessels and waterfront facilities.
6.10–7 Identification credentials.
6.10–9 Appeals.

Subpart 6.12—Supervision and Control of
Explosives or Other Dangerous Cargo
6.12–1 General supervision and control.
6.12–3 Approval of facility for dangerous
cargo.

[EO 11249, 30 FR 13001, Oct. 13, 1965]

§ 6.01–4

Subpart 6.14—Security of Waterfront
Facilities and Vessels in Port

Subpart 6.16—Sabotage and Subversive
Activity
6.16–1 Reporting of sabotage and subversive
activity.
6.16–3 Precautions against sabotage.

Subpart 6.18—Penalties

[EO 13143, 64 FR 68273, Dec. 6, 1999]

Violations.

§ 6.01–5

Security zone.

Security zone as used in this part,
means all areas of land, water, or land
and water, which are so designated by
the Captain of the Port for such time
as he deems necessary to prevent damage or injury to any vessel or waterfront facility, to safeguard ports, harbors, territories, or waters of the
United States or to secure the observance of the rights and obligations of
the United States.

Subpart 6.19—Responsibility for Security of
Vessels and Waterfront Facilities
6.19–1

Waterfront facility.

Waterfront facility. ‘‘Waterfront facility,’’ as used in this part, means all
piers, wharves, docks, or similar structures to which vessels may be secured
and naval yards, stations, and installations, including ranges; areas of land,
water, or land and water under and in
immediate proximity to them; buildings on them or contiguous to them
and equipment and materials on or in
them.

6.14–1 Safety measures.
6.14–2 Condition of waterfront facility a
danger to vessel.

6.18–1

Captain of the Port.

Captain of the Port as used in this
part, means the officer of the Coast
Guard, under the command of a District Commander, so designated by the
Commandant for the purpose of giving
immediate direction to Coast Guard
law enforcement activities within his
assigned area. In addition, the District
Commander shall be Captain of the
Port with respect to remaining areas in
his District not assigned to officers
designated by the Commandant as Captain of the Port.

Subpart 6.10—Identification and Exclusion
of Persons From Vessels and Waterfront Facilities

Primary responsibility.

AUTHORITY: 40 Stat. 220, as amended; 50
U.S.C. 191.
SOURCE: E. O. 10173, 15 FR 7012, Oct. 20,
1950, unless otherwise noted.
CROSS REFERENCE: For regulations implementing the general enforcement provisions
contained in Subparts 6.01—Definitions and
6.04—General Provisions, see part 125 of this
chapter.

[EO 11249, 30 FR 13001, Oct. 13, 1965]

§ 6.01–6

Subpart 6.01—Definitions

Area Commander.

Area Commander, as used in this part,
means the officer of the Coast Guard
designated by the Commandant to
command a Coast Guard Area.

§ 6.01–1 Commandant.
Commandant as used in this part,
means the Commandant of the United
States Coast Guard.

[EO 13273, 67 FR 56215, Sept. 3, 2002]

§ 6.01–2 District Commander.
District Commander as used in this
part, means the officer of the Coast
Guard designated by the Commandant
to command a Coast Guard District.

Subpart 6.04—General Provisions
§ 6.04–1 Enforcement.
(a) The rules and regulations in this
part shall be enforced by the Captain of

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Coast Guard, DHS

§ 6.10–1

the Port under the supervision and
general direction of the District Commander, Area Commander, and the
Commandant. All authority and power
vested in the Captain of the Port by
the regulations in this part shall be
deemed vested in and may be exercised
by the District Commander, Area Commander, and the Commandant.
(b) The rules and regulations in this
part may be enforced by any other officer or petty officer of the Coast Guard
designated by the District Commander,
Area Commander, or the Commandant.
(c) Any authority or power under this
part vested in, delegated to, or exercised by a member of the Coast Guard
shall be subject to the direction of the
Secretary of the Department in which
the Coast Guard is operating.

§ 6.04–7 Visitation, search, and removal.
The Captain of the Port may cause to
be inspected and searched at any time
any vessel, waterfront facility, or security zone, or any person, article, or
thing thereon or therein, within the jurisdiction of the United States, may
place guards upon any such vessel, waterfront facility, or security zone and
may remove therefrom any and all persons, articles, or things not specifically
authorized by him to go or remain
thereon or therein.
[EO 11249, 30 FR 13002, Oct. 13, 1965]

§ 6.04–8 Possession and control of vessels.
The Captain of the port may supervise and control the movement of any
vessel and shall take full or partial
possession or control of any vessel or
any part thereof, within the territorial
waters of the United States under his
jurisdiction, whenever it appears to
him that such action is necessary in
order to secure such vessel from damage or injury, or to prevent damage or
injury to any vessel or waterfront facility or waters of the United States,
or to secure the observance of rights
and obligations of the United States.

[EO 13273, 67 FR 56215, Sept. 3, 2002]

§ 6.04–5 Preventing access of persons,
articles or things to vessels, or waterfront facilities.
The Captain of the Port may prevent
any person, article, or thing from
boarding or being taken or placed on
board any vessel or entering or being
taken into or upon or placed in or upon
any waterfront facility whenever it appears to him that such action is necessary in order to secure such vessel
from damage or injury or to prevent
damage or injury to any vessel, or waterfront facility or waters of the
United States, or to secure the observances of rights and obligations of the
United States.

§ 6.04–11 Assistance of other agencies.
The Captain of the port may enlist
the aid and cooperation of Federal,
State, county, municipal, and private
agencies to assist in the enforcement of
regulations issued pursuant to this
part.

[EO 11249, 30 FR 13001, Oct. 13, 1965]

Subpart 6.10—Identification and
Exclusion of Persons From
Vessels and Waterfront Facilities

§ 6.04–6 Establishing security zones;
prohibitions with respect thereto.
The Captain of a Port may establish
security zones subject to the terms and
conditions specified in § 6.01–5. No person or vessel shall enter a security
zone without the permission of the
Captain of the Port. No person shall
board or take or place any article or
thing on board any vessel in a security
zone without the permission of the
Captain of the Port. No person shall
take or place any article or thing upon
any waterfront facility in any such
zone without such permission.

§ 6.10–1 Issuance of documents and
employment of persons aboard vessels.
No person shall be issued a document
required for employment on a merchant vessel of the United States nor
shall any person be employed on a merchant vessel of the United States unless the Commandant is satisfied that
the character and habits of life of such
person are such as to authorize the belief that the presence of the individual

[EO 11249, 30 FR 13001, Oct. 13, 1965]

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§ 6.10–5

33 CFR Ch. I (7–1–03 Edition)

on board would not be inimical to the
security of the United States: Provided,
That the Commandant may designate
categories of merchant vessels to
which the foregoing shall not apply.

composed of one Coast Guard officer,
one member drawn from management,
and one member drawn from labor. The
members drawn from management and
labor shall, upon suitable security
clearance, be nominated by the Secretary of Labor. Such members shall be
deemed to be employees of the United
States and shall be entitled to compensation under the provisions of section 15 of the act of August 2, 1946 (5
U.S.C. 55a) while performing duties incident to such employment. The Board
shall consider each appeal brought before it and, in recommending final action to the Commandant, shall insure
the appellant all fairness consistent
with the safeguarding of the national
security.

[EO 10352, 17 FR 4624, May 21, 1952]

§ 6.10–5 Access to vessels and waterfront facilities.
Any person on board any vessel or
any person seeking access to any vessel
or any waterfront facility within the
jurisdiction of the United States may
be required to carry identification credentials issued by or otherwise satisfactory to the Commandant. The Commandant may define and designate
those categories of vessels and areas of
the waterfront wherein such credentials are required.

Subpart 6.12—Supervision and
Control of Explosives or Other
Dangerous Cargo

§ 6.10–7 Identification credentials.
The identification credential to be
issued by the Commandant shall be
known as the Coast Guard Port Security Card, and the form of such credential, and the conditions and the manner of its issuance shall be as prescribed by the Commandant after consultation with the Secretary of Labor.
The Commandant shall not issue a
Coast Guard Port Security Card unless
he is satisfied that the character and
habits of life of the applicant therefor
are such as to authorize the belief that
the presence of such individual on
board a vessel or within a waterfront
facility would not be inimical to the
security of the United States. The
Commandant shall revoke and require
the surrender of a Coast Guard Port
Security Card when he is no longer satisfied that the holder is entitled thereto. The Commandant may recognize for
the same purpose such other credentials as he may designate in lieu of the
Coast Guard Port Security Card.

§ 6.12–1 General supervision and control.
The Captain of the Port may supervise and control the transportation,
handling, loading, discharging, stowage, or storage of hazardous materials
on board vessels as covered by the regulations in 49 CFR parts 170–189, 46 CFR
parts 150–156, 46 CFR parts 146–148 and
the regulations governing tank vessels
(46 CFR parts 30–39).
[CGD 77–228, 43 FR 53427, Nov. 16, 1978]

§ 6.12–3 Approval of facility for dangerous cargo.
The Commandant may designate waterfront facilities for the handling and
storage of, and for vessel loading and
discharging, explosives, inflammable or
combustible liquids in bulk, or other
dangerous articles or cargo covered by
the regulations referred to in § 6.12–1,
and may require the owners, operators,
masters, and others concerned to secure permits for such handling, storage, loading, and unloading from the
Captain of the Port, conditioned upon
the fulfillment of such requirements
for the safeguarding of such waterfront
facilities and vessels as the Commandant may prescribe.

[EO 10277, 16 FR 7541, Aug. 2, 1951]

§ 6.10–9 Appeals.
Persons who are refused employment
or who are refused the issuance of documents or who are required to surrender such documents, under this subpart, shall have the right of appeal, and
the Commandant shall appoint Boards
for acting on such appeals. Each such
Board shall, so far as practicable, be

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Coast Guard, DHS

§ 6.19–1

Subpart 6.14—Security of Waterfront Facilities and Vessels in
Port

and to the captain of the port, or to
their respective representatives.

§ 6.14–1

The master, owner, agent, or operator of a vessel or waterfront facility
shall take all necessary precautions to
protect the vessel, waterfront facility,
and cargo from sabotage.

§ 6.16–3

Safety measures.

The Commandant, in order to achieve
the purposes of this part, may prescribe such conditions and restrictions
relating to the safety of waterfront facilities and vessels in port as he finds
to be necessary under existing circumstances. Such conditions and restrictions may extend, but shall not be
limited to, the inspection, operation,
maintenance, guarding, and manning
of, and fire-prevention measures for,
such vessels and waterfront facilities.

Subpart 6.18—Penalties
§ 6.18–1

If any owner, agent, master, officer, or person in charge, or any member of the crew of
any such vessel fails to comply with any regulation or rule issued or order given under
the provisions of this title, or obstructs or
interferes with the exercise of any power
conferred by this title, the vessel, together
with her tackle, apparel, furniture, and
equipment, shall be subject to seizure and
forfeiture to the United States in the same
manner as merchandise is forfeited for violation of the customs revenue laws; and the
person guilty of such failure, obstruction, or
interference shall be punished by imprisonment for not more than ten years and may,
in the discretion of the court, be fined not
more than $10,000.
(a) If any other person knowingly fails to
comply with any regulation or rule issued or
order given under the provisions of this title,
or knowingly obstructs or interferes with
the exercise of any power conferred by this
title, he shall be punished by imprisonment
for not more than ten years and may, at the
discretion of the court, be fined not more
than $10,000.

§ 6.14–2 Condition of waterfront facility a danger to vessel.
Whenever the captain of the port
finds that the mooring of any vessel to
a wharf, dock, pier, or other waterfront
structure would endanger such vessel,
or any other vessel, or the harbor or
any facility therein by reason of conditions existing on or about such wharf,
dock, pier, or other waterfront structure, including, but not limited to, inadequate guard service, insufficient
lighting, fire hazards, inadequate fire
protection, unsafe machinery, internal
disturbance, or unsatisfactory operation, the captain of the port may prevent the mooring of any vessel to such
wharf, dock, pier, or other waterfront
structure until the unsatisfactory condition or conditions so found are corrected, and he may, for the same reasons, after any vessel has been moored,
compel the shifting of such vessel from
any such wharf, dock, pier, or other
waterfront structure.

Subpart 6.19—Responsibility for
Security of Vessels and Waterfront Facilities

[EO 10277, 16 FR 7541, Aug. 2, 1951]

§ 6.19–1

Subpart 6.16—Sabotage and
Subversive Activity
sabotage

Violations.

Section 2, Title II of the act of June
15, 1917, as amended, 50 U.S.C. 192, provides as follows:

[EO 10277, 16 FR 7541, Aug. 2, 1951]

§ 6.16–1 Reporting of
subversive activity.

Precautions against sabotage.

Primary responsibility.

Nothing contained in this part shall
be construed as relieving the masters,
owners, operators, and agents of vessels or other waterfront facilities from
their primary responsibility for the
protection and security of such vessels
or waterfront facilities.

and

Evidence of sabotage or subversive
activity involving or endangering any
vessel, harbor, port, or waterfront facility shall be reported immediately to
the Federal Bureau of Investigation

[EO 10277, 16 FR 7541, Aug. 2, 1951]

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