(a) The Commandant is the head of the agency and exercises overall direction over the policy and administration of the Coast Guard.

(b) To carry out the regulatory and enforcement aspects of marine safety, the staff officers designated in this paragraph are assigned to the Commandant. The chain of military command is from the Commandant directly to the District Commanders. The staff officers at Headquarters act only on the basis of the Commandant's authority and by his direction.

(1) The Chief, Office of Merchant Marine Safety under the general direction of the Commandant directs, supervises, and coordinates the activities of the Chief, Marine Technical and Hazardous Materials Division, Chief, Merchant Vessel Personnel Division, and Chief, Marine Investigation Division, located at Headquarters; supervises through the District Commanders the administration of the Merchant Marine Safety Divisions of District Offices and Officers in Charge, Marine Inspection; and exercises technical control over the Merchant Marine Details in foreign ports.

(i) The Chief, Marine Technical and Hazardous Materials Division, at Headquarters, under the direction of the Chief, Office of Merchant Marine Safety, passes on plans and specifications for the construction or alteration

of merchant vessls, conducts or reviews stability tests on merchant vessels, examines equipment and devices submitted to Headquarters, supervises the load lines assigned by classification societies, and otherwise provides technical assistance with respect to enforcing and improving merchant marine material standards; administers the program for the development of safe containment systems for certain bulk dangerous cargoes, administers the certification program for foreign vessels carrying cargoes of unusual hazard and evaluates the hazards involved in the shipment of dangerous cargoes.

(ii) The Chief, Merchant Vessel Inspection Division, at Headquarters, under the direction of the Chief, Office of Merchant Marine Safety, administers the inspection program for merchant vessels and the program of enforcing and improving merchant marine material and operational safety standards, examines and approves lifesaving and firefighting equipment, and reviews and maintains records of marine casualties other than recreational boating accidents.

(iii) The Chief, Merchant Vessel Personnel Division, at Headquarters, under the direction of the Chief, Office of Merchant Marine Safety, administers the program for the enforcement and development of prescribed merchant marine personnel standards, including but not limited to the licensing, certificating, shipment, and discharge of seamen.

(iv) The Chief, Marine Investigation Division, at Headquarters, under the direction of the Chief, Office of Merchant Marine Safety, administers the program of marine casualty investigation and the investigation and institution of proceedings looking to suspension and revocation under Title 46, U.S. Code, sections 239 and 239b, of licensees, certificates, and documents held by persons.

(2) The Chief, Office of Operations, under the general direction of the Commandant, directs, supervises, and coordinates the activities of the Chief, Recreational Boating Safety Division,

located at Headquarters; and supervises through the District Commanders the administration of the recreational boating safety program.

(i) The Chief, Recreational Boating Safety Division, at Headquarters, under the direction of the Chief, Office of Operations, administers the enforcement program applicable to uninspected vessels used for recreational purposes and the imposition and collection of penalties in connection therewith; supervises the Federal numbering of undocumented vessels; reviews applications for approval of State numbering systems as required by Title 46, U.S. Code, section 527a; maintains liaison with Federal and State agencies having related interest; develops and coordinates arrangements with State Governments for cooperation in the enforcement of State and Federal laws relating to recreational boating; administers the boating accident report program and compiles, analyzes and publishes the data thus obtained, together with recommendations for the enhancement of boating safety; and reviews and maintains records of recreational boating accidents.

(3) The Chief Counsel of the Coast Guard at Headquarters, under the general direction and supervision of the General Counsel, Department of Transportation and the Commandant, considers cases involving alleged violations of navigation and vessel inspection laws or regulations prescribed thereunder and published in this chapter or in 33 CFR Chapter I, and reviews appeals to the Commandant from statutory monetary penalties assessed therefor. Upon completion of such a review, the Chief Counsel prepares a proposed action for the Commandant's consideration or, in appropriate cases, he takes final action on behalf of, and as directed by, the Commandant.

[CGFR 65-50, 38 FR 10087, Apr. 24, 1973, as amended by CGD 77-059, 43 FR 4431, Feb. 2, 1978; CGD 82-063b, 48 FR 4780, Feb. 3, 1983]

§ 1.05 Organization; districts.

(a) To assist the District Commander in carrying out the regulatory and enforcement aspects of marine safety

in the Coast Guard Districts, there is assigned to each District Commander a staff officer designated as Chief, Merchant Marine Safety Division. The chain of military command is from the District Commander to each Officer in Charge, Marine Inspection, in his district. The Chief, Merchant Marine Safety Division, is a staff officer assigned to the District Commander and acts only on the basis of the authority of the District Commander and by his direction.

(1) The Chiefs, Merchant Marine Safety Division, in the District Offices, under the supervision of their respective District Commanders, direct the activities in their districts relative to vessel, factory and shipyard inspections; reports and investigations of marine casualties and accidents; processing of violations of navigation and vessel inspection laws; the licensing, certificating, shipment and discharge of seamen; the investigation and institution of proceedings looking to suspension and revocation under Title 46, U.S. Code, sections 239 and 239b, of licenses, certificates, and documents held by persons; and all other marine safety regulatory activities except those functions related to recreational boating when under the supervision of the Chiefs, Operations Division, in the District Offices.

(2) Unless otherwise provided for, the Chiefs, Operations Division, in the District Offices, under the supervision of their respective District Commanders, direct the activities in their districts relative to administration of the law enforcement program applicable to uninspected vessels used for recreational purposes and the imposition and collection of penalties in connection therewith; maintain liaison with Federal and State agencies having related interests; develop and coordinate agreements and arrangements with Federal and State agencies for cooperation in the enforcement of State and Federal laws related to recreational boating; and review investigative reports of recreational boating accidents.

(b) The Officers in Charge, Marine Inspection, in the Coast Guard districts, under the supervision of their respective District Commanders, are in

charge of marine inspection offices located in various ports and have command responsibility with assigned marine inspection zones for the performance of duties with respect to the inspection, enforcement, and administration of navigation and vessel inspection laws, rules, and regulations governing marine safety. The Officer in Charge, Marine Inspection, has been designated and delegated to give immediate direction to Coast Guard activities relating to marine safety functions consisting of inspection of vessels in order to determine that they comply with the applicable laws, rules and regulations relating to construction, equipment, manning, and operation, and to be satisfied that such vessels are in seaworthy condition for the services in which such vessels are to be operated; shipyard inspections; factory inspections of materials and equipment for vessels; the licensing, certificating, shipment and discharge of seamen; investigations of marine casualties and accidents; investigations of violations of law; negligence, misconduct, unskillfulness, incompetence or misbehavior of persons holding licenses, certificates, or documents

issued by the Coast Guard; initiations of actions seeking suspension or revocation under Title 46, U.S. Code, sections 239 and 239b of licenses, certificates and documents held by persons, and presentation of cases at hearings before administrative law judges; and the enforcement of navigation, vessel inspection and seamen laws in general.

NOTE: Licensing and Certification functions are performed only by the Officer in Charge, Marine Inspection, at the following locations:

(c) For descriptions of Coast Guard districts and marine inspection zones see 33 CFR Part 3.

[CGFR 65-50, 30 FR 16603, Dec. 30, 1965, as amended by CGD 82-033, 47 FR 28679, July 1, 1982]

§ 1.10 Suspension and revocation proceedings.

(a) The Commandant takes final agency action on each proceeding concerned with revocation.

(b) The Commandant in 33 CFR 1.01-40 has delegated authority to the Vice Commandant to take final agency action under Subparts I, J, and K of Part 5 of this chapter on each proceeding except on a petition or appeal in a case on which an order of revocation has been issued.

(c) The Commandant assigns to his staff a Chief Administrative Law Judge who is an Administrative Law Judge appointed under section 3105 of Title 5 United States Code and whose assigment is to:

(1) Act as adviser and special assistant to the Commandant on matters concerning the administration of hearings conducted under Chapter 77 of Title 46 United States Code;

(2) Conduct hearings under Chapter 77 of Title 46 United States Code;

(3) Train new Administrative Law Judges assigned to conduct hearings under Chapter 77 of Title 46 United States Code;

(4) Review the written decisions and orders of each Administrative Law Judge assigned to conduct a hearing under Chapter 77 of Title 46 United States Code;

(5) Act as advisor to the Chief Counsel in preparation of the final action of proceedings conducted under Subparts I, J, and K of Part 5 of this chapter.

(d) The Chief Counsel of the Coast Guard, under the general direction and supervision of the Commandant, U.S. Coast Guard:

(1) Acts as an adviser and as a special assistant to the Commandant in matters of law; and

(2) Prepares for the consideration of the Commandant or the Vice Commandant, as appropriate, proposed decisions on cases on appeal or review in