the Acting Secretary of the Treasury was published in the Federal Register January 26, 1951 (16 F. R. 731; FRRS 3-51), reads as follows:

COMMANDANT, U. S. COAST GUARD

DELEGATION OF WAIVER AUTHORITY WITH RESPECT TO NAVIGATION AND VESSEL INSPECTION LAWS

By virtue of the authority vested in me by the provisions of section 2, Reorganization Plan No. 26, 1950, 15 F. R. 4935, I hereby confer and impose upon the Commandant, United States Coast Guard, with respect to the navigation and vessel inspection laws administered by the Coast Guard, and the Commissioner of Customs, with respect to the navigation laws administered by the Bureau of Customs, all the rights, privileges, powers, or duties to waive compliance with the provisions of the navigation and vessel inspection laws in the interest of national defense, which were vested in me by virtue of the act of December 27, 1950 (Public Law 891, 81st Cong., 2d Sess.).

1-2-40B. Lights for Coast Guard Vessels of Special Construction

This delegation designated Treasury Department Order 167-6 (CGFR 53-46), dated November 17, 1953, and signed by the Acting Secretary of the Treasury was published in the Federal Register November 26, 1953 (18 F. R. 7571; FRRS No. 77-53), reads as follows:

COMMANDANT, U. S. COAST GUARD

DELEGATION OF FUNCTIONS

Pursuant to the authority vested in me as Secretary of the Treasury, as provided in sections 92, 631, and 633 in 14 U. S. C., Reorganization Plan No. 26 of 1950 (15 F. R. 4935), and sections 143a, 356, and 360 in 33 U. S. C., there is hereby

delegated to the Commandant, United States Coast Guard, those functions of the Secretary of the Treasury with respect to certain statutory rules for preventing marine collisions as applicable to Coast Guard vessels. The functions herein delegated are those vested in me by:

(1) 33 U. S. C. 143a (October 11, 1951, sec. 2, 65 Stat. 407), with respect to lights required by the "Regulations for Preventing Collisions at Sea, 1948", for a Coast Guard vessel or class of vessels.

(2) 33 U. S. C. 356 (May 21, 1948, sec. 4, 62 Stat. 250), with respect to any requirement of a nautical rule for preventing collisions for the Mississippi River and its tributaries above the Huey P. Long Bridge, that part of the Atchafalaya River above its junction with the Plaquemine - Morgan City alternate waterway, and the Red River of the North, for a Coast Guard vessel or class of vessels.

(3) 33 U. S. C. 360 (December 3, 1945 sec. 1, 59 Stat. 590), with respect to lights required by any applicable nautical rule for preventing collisions on navigable waters of the United States, or its territories or possessions, for a Coast Guard vessel or class of vessels.

In performing functions delegated, the Commandant shall be governed by the applicable provisions and conditions set forth in these laws. The Commandant is authorized to redelegate any function herein delegated to the extent that he may deem necessary or appropriate.

1-2-40C. Denial or Revocation of Seamen's Documents in Certain Narcotics Cases

This delegation designated Treasury Department Order 167-9 (CGFR 54-33), dated August 3, 1954, and signed by the Acting Secretary of the Treasury was published in the Federal Register August 17, 1954 (19 F. R. 5195; FRRS No. 50-54), reads as follows:

COMMANDANT, U. S. COAST GUARD

DELEGATION OF AUTHORITY TO REVOKE OR DENY MERCHANT MARINERS DOCUMENTS TO PERSONS INVOLVED IN CERTAIN NARCOTICS VIOLATIONS

By virtue of the authority vested in me as Secretary of the Treasury by Reorganization Plan No. 26 of 1950 (15 F. R. 4935), there are hereby delegated to the Commandant, U. S. Coast Guard, with authority to redelegate, the functions vested in the Secretary of the Treasury by Public Law 500, 83d Congress, 2d Session (July 15, 1954, 68 Stat. 484; 46 U. S. C. A. 7106, 710c), to revoke or deny merchant mariners documents to persons involved in certain narcotics violations.

1-2-40D. Inspection of Foreign Vessels Acquired by Secretary of Commerce

This delegation designated Treasury Department Order 167-14 (CGFR 54-45), dated November 26, 1954, and signed by the Acting Secretary of the Treasury was published in the Federal Register December 4, 1954 (19 F. R. 8026; FRRS No. 58-54), reads as follows:

COMMANDANT, U. S. COAST GUARD

DELEGATION OF AUTHORITY TO INSPECT FOREIGN MERCHANT VESSELS

By virtue of the authority vested in me as Secretary of the Treasury by Reorganization Plan No. 26 of 1950 (15 F. R. 4935), there are hereby delegated to the Commandant, U. S. Coast Guard, with authority to redelegate, the functions vested in the Secretary of the Treasury by section 3 (c) of Public Law 569, 83d Congress, approved August 9, 1954 (68 Stat. 675, 676) with respect to the inspection of foreign merchant vessels acquired and operated under this act and the making of determinations to what

extent the laws covering the inspection of steam vessels shall apply to such vessels.

1-2-40E. Lights and Safety Equipment for Vessels and Structures Under Outer Continental Shelf Lands Act

This delegation designated Treasury Department Order 167-15, dated January 3, 1955, and signed by the Acting Secretary of the Treasury was published in the Federal Register February 9, 1955 (20 F. R. 840; FRRS No. 4-55), reads as follows:

COMMANDANT, U. S. COAST GUARD

DELEGATION OF FUNCTIONS PERTAINING TO LIGHTS AND SAFETY EQUIPMENT ON OUTER CONTINENTAL SHELF

By virtue of the authority vested in me by Reorganization Plan No. 26 of 1950 and by 14 U. S. C. 631, there are transferred to the Commandant, U. S. Coast Guard, the functions of the Secretary of the Treasury under section 4 (e) of the Outer Continental Shelf Lands Act (Public Law 212, 83d Congress; 67 Stat. 462; 46 U. S. C. 1333 (e)).

The Commandant may make provision for the performance by subordinates in the Coast Guard of any of these functions.

1-2-50. AUTHORITY FOR WAIVERS

1-2-50A. Statutory Authority

The Secretary of the Treasury is authorized to waive compliance with the navigation and vessel inspection laws and regulations administered by the Coast Guard in accordance with Public Law 891, Eighty-first Congress, as amended; which reads as follows:

AN ACT TO AUTHORIZE THE WAIVER OF THE NAVIGATION AND VESSELINSPECTION LAWS

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the head of each department or agency responsible for the administration of the navigation and vessel-inspection laws is directed to waive compliance with such laws upon the request of the Secretary of Defense to the extent deemed necessary in the interest of national defense by the Secretary of Defense. The head of such department or agency is authorized to waive compliance with such laws to such extent and in such manner and upon such terms as he may prescribe, either upon his own initiative or upon the written recommendation of the head of any other Government agency, whenever he deems that such action is necessary in the interest of national defense.

Section 2. The authority granted by this Act shall terminate at such time as the Congress by concurrent resolution or the President may designate.

Section 3. The joint resolution entitled "Joint resolution authorizing the Commandant of the United States Coast Guard to waive compliance with the navigation and vessel-inspection laws administered by the Coast Guard," approved March 31, 1947 (61 Stat. 33), as amended, is repealed. (Public Law 891, approved December 27, 1950 64 Stat. 1120, 46 U. S. C. note preceding §1).

1-2-50B. Authority of the Commandant 1-2-50B(1). The Commandant of the Coast Guard has the authority to issue general waivers or individual waivers of navigation and vessel inspection laws and regulations administered by the Coast Guard in accordance with Public Law 891 and the delegation of waiver

authority contained in Department of the Treasury Order CGFR 51-1. (See 1-2-40A.)

1-2-50B(2). Navigation and Vessel Inspection Circular No. 2-55 has been prepared for public distribution which explains the procedure for effecting waivers and the changes in waiver authority occasioned by extension of the law by Congress.

1-2-50C. Authority of District Commanders or Their Representatives or Representatives of Commandant

The Commandant of the Coast Guard in an order dated February 21, 1951 (CGFR 51-10) (46 CFR 154.01), waived compliance with the navigation and vessel inspection laws and regulations administered by the Coast Guard and established extent, manner, terms, and conditions applicable to such waivers. Among the terms it was provided that the district commander (or his designated representative, or the designated representative of the Commandant, as the case may be) promptly examine every application for the purpose of determining whether the necessity for prompt action is such as to require that the waiver be made effective by him without reference to the Commandant. The CG officer shall give immediate consideration to the application and if he reaches the conclusion that urgency of the situation outweighs the marine hazard involved, and time does not permit reference to the Commandant, then such waiver shall be effective in regard to such vessel to the extent and under the circumstances specified by him. (See sec. 1-7-5.)

1-2-53. GENERAL INFORMATION WITH RESPECT TO WAIVERS 1-2-53A. Instructions in Effect

The Navigation and Vessel Inspection Circular No. 2-55 regarding authority

and procedures for waivers of navigation and vessel inspection laws and regulations, contains the instructions currently in effect.

1-2-53B. Changes in Instructions

1-2-53B(1). In view of the limitations imposed by law it is necessary to issue new instructions on its application. The reporting crew shortages occurring during the period for which a full crew is signed on a vessel has been made the subject of 1-2-60 since the requirement for reporting such crew shortages is statutory and not based on any waiver.

1-2-53B (2). The procedure for effecting waivers, which are applicable to only one vessel in any one waiver order, is set forth in 1-2-55. These individual waivers are subject to stated terms and conditions. Under this procedure and when conditions so warrant, relaxations may be made in the manning scales and other requirements with the following specific exceptions and limitations:

(a) Waivers to permit the substitution of unlicensed personnel to fill billets of licensed deck or engineer officers will not be granted without the prior approval of the Commandant. The application for this waiver will be filed with the representative of the district commander at the port and referred by him to Coast Guard Headquarters with his recommendation.

(b) No waivers will be permitted to allow an alien to serve as a watch officer, radio officer or staff officer on United States vessels.

(c) No waivers will be permitted authorizing the shipment of licensed or certificated personnel not in possession of valid licenses or certificates, or temporary documents in lieu thereof.

1-2-53B(3). There are no general waivers of manning requirements in effect at this time.

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1-2-53B (4). Representatives of the Commandant of the Coast Guard have no authority to grant waivers which have application to more than one vessel in any one waiver. All individual waivers issued in accordance with the procedure set forth in Circular 10-53 which were approved on or before 27 February 1955, will continue to be valid for the period stated in the waiver form or until the completion of the particular voyage for which issued.

1-2-53C. Policy of Coast Guard

It is the policy of the Coast Guard, in the current administration of the laws and regulations relating to navigation and vessel inspection, to further the interests of national defense by simplifying the procedure involved therein, eliminating all causes of delay in the sailing of vessels, and by bringing about a proper balance between the factors of safety at sea and the national defense effort. While it is not the policy of the Coast Guard to countenance willful viola tions of the laws and regulations or negligence in meeting the requirements thereof, neither is it contemplated that masters who exercise all reasonable efforts to comply with the requirements in effect be cited for violations on technical grounds.

1-2-55. PROCEDURE FOR EFFECTING INDIVIDUAL WAIVERS OF NAVIGATION AND INSPECTION LAWS

1-2-55A. Authority

The waiver order in 46 CFR 154.01, issued pursuant to Public Public Law 891, Eighty-first Congress, Second session, is an order of the Commandant in which he finds it necessary in the interest of national defense to make effective certain waivers to the extent and in the manner set forth therein. This order outlines the procedure under which the

requirements of the laws in question may in urgent situations be relaxed by Coast Guard district commanders and their designated representatives in ports located within their respective districts, and by designated representatives of the Commandant in other than domestic ports at which Coast Guard officers are assigned to duty. The objective of this order is to make possible a flexible means of maintaining a proper balance between safety at sea and the interest of national defense.

1-2-55B. Designations by District Commanders

Each Coast Guard district commander may designate, in writing, qualified commissioned or civilian officers of appropriate rank or position to act as his representatives in carrying out the provisions of 46 CFR 154.01. In his order of designation the district commander may impose such restrictions and conditions upon the authority of such representatives as he may deem proper. Copies of such designations shall be forwarded to Commandant (M). The ports at which such representatives are designated shall be determined by the respective district commanders.

1-2-55C. Effecting Individual Waivers

It is to be noted that under this procedure application may be made by any person interested in the vessel involved, including representatives of any interested Government agency. It should also be noted that applications are to be forwarded to the Commandant for action in all cases in which it appears to the Coast Guard officer concerned that the delay involved in the Commandant's action will not prevent the vessel from sailing on time or otherwise be contrary to the national defense effort. In other words, it is intended that waivers be made effective in the field only in those cases in which time will not permit

action by the Commandant. However, the Coast Guard officer concerned is the sole judge of whether time will permit reference of the application to the Commandant. While it is contemplated that applications will be made in writing except in unusual circumstances, no oral application which is made with representations of urgency and which is otherwise merited should be denied on the ground that it could have been made in writing but for the neglect of the person making the same. However, full particulars of cases in which it appears that the oral application privilege has been abused shall be reported to the Commandant for appropriate action. This action in proper cases may be either by way of proceedings for suspension or revocation in the case of licensed officers or by report to the agency involved in cases involving representatives of the Government. The Commandant (M) should also be advised of the particulars of all cases in which the waiver is made effective upon oral application and the application is not reduced to writing and filed within the period specified in the waiver order as required by provisions of 46 CFR 154.01. In such cases the Commandant will advise the appropriate district commanders whether the penalties provided by law for failure to comply with the requirements conditionally waived should be invoked.

1-2-55D. General Waivers Not Authorized

The provisions of 46 CFR 154.01 do not authorize general waivers. Only the Commandant is authorized to issue general waivers which affect more than one vessel in one order.

1-2-55E. Applications Considered by Coast Guard Officers

Although the certification of the person making an application should always be