(c) Adjustments and refunds of fees and charges. (1) The fees and charges set forth above are based upon an initial estimate of the costs to be incurred in providing the indicated services and may be revised as necessary to insure the recovery of all direct and indirect costs by the Maritime Administration.

(2) If actual cost exceeds the payment based on an estimate made at the time request is made by a member of the public, the requesting party will have the option of either paying the additional cost or receiving the part of the service requested which is covered by the payment.

(3) If the payment based on an estimate made at the time of request by a member of the public is $1 or more in excess of actual costs and minimum fee, the excess above the higher will be refunded.

(d) Other services. The published regulations of the Maritime Administration contain provisions for assessment of special fees and charges for the performance of certain services by the Maritime Administration for the benefit of members of the public. Unless inconsistent with the provisions of this § 380.35, such regulations shall remain in full force and effect.

§ 380.36 Subpoenas, other compulsory processes and requests.

In any case where it is sought by subpoena, order, or other compulsory process or other demand of a court or other authority to require the production or disclosure of any record in the files of the Maritime Administration or other information acquired by an officer or employee of the Maritime Administration as a part of the performance of his official duties or because of his official status, the matter shall be immediately referred for determination, through the Secretary of the Maritime Administration and Maritime Subsidy Board, to the Maritime Administrator who shall take all necessary steps as prescribed in section 7 of Department of Commerce Order 64 (32 F.R. 9734, July 4, 1967).

Part

401 Great Lakes Pilotage Regulations.

402

The purpose of this part is to carry out those provisions of the Great Lakes Pilotage Act of 1960 (74 Stat. 259, 46 U.S.C. 216) relating to the registration of United States pilots, the formation of pools by voluntary associations of United States registered pilots and the establishment of rates, charges, and other conditions or terms for services performed by registered pilots to meet the provisions of the Act.

§ 401.110 Definitions.

(a) The following terms where used in this part shall have the following meanings:

(1) "Act" means the Great Lakes Pilotage Act of 1960, as amended (Public Law 86-555, 74 Stat. 239-262; 46 U.S.C. 216-2161).

(2) "Commandant" means Commandant, U.S. Coast Guard, Department of Transportation, Washington, D.C. 20591.

(3) "Canadian Registered Pilot" means a person, other than a member of the regular complement of a vessel, who holds a master's certificate or equivalent license authorizing navigation on the Great Lakes and suitably endorsed for pilotage on routes specified therein, issued by an appropriate agency of Canada, and is registered by a designated agency of Canada on substantially the same basis as registration under the provisions of Subpart B of this part.

(4) "Movage" means the underway movement of a vessel in navigation from or to a dock, pier, wharf, dolphins, buoys, or anchorage other than a temporary anchorage for navigational or traffic purposes in such manner as to constitute a distinct separate movement not a substantive portion of a translake movement on arrival or departure, within the geographic confines of a harbor or port complex within such harbor.

(5) "Great Lakes" means Lakes Superior, Michigan, Huron, Erie, and Ontaric, their connecting and tributary waters, the St. Lawrence River as far east as Saint Regis, and adjacent port

areas.

(6) "Other officer" means the master or any other member of the regular complement of the vessel concerned who is qualified for the navigation of those

United States waters of the Great Lakes which are not designated by the President in Proclamation No. 3385 dated December 22, 1960 and who is either licensed by the head of the Department in which the Coast Guard is operating under regulations issued by him or certificated by an appropriate agency of Canada.

(7) "Secretary" means the Secretary of Transportation or any person to whom he has delegated his authority in the matter concerned.

(8) "U.S. registered pilot" means a person, other than a member of the regular complement of a vessel, who holds an unlimited master's license authorizing navigation on the Great Lakes and suitably endorsed for pilotage on routes specified therein, issued by the Goast Guard, and who is also registered under the provisions of Subpart B of this part.

(9) "Director" means Director, Great Lakes Pilotage Staff, on the Staff of the Commander, 9th Coast Guard District (dgp), Federal Office Building, 1240 East Ninth Street, Cleveland, Ohio 44199.

[26 F.R. 951, Jan. 31, 1961, as amended at 31 F.R. 9064, July 1, 1966; 32 F.R. 14220, Oct. 13, 1967]

Only

No state, municipal, or other local authority shall require the use of pilots or regulate any aspect of pilotage in any of the waters specified in the Act. those persons registered as United States Registered Pilots or Canadian Registered Pilots as defined in this subpart may render pilotage services on any vessel subject to the Act and the Memorandum of Arrangements, Great Lakes Pilotage. [29 F.R. 10464, July 28, 1964]

Subpart B-Registration of Pilots § 401.200 Application for registration.

(a) An application for registration as a U.S. Registered Pilot shall be made on Form CG-4509, which shall be submitted together with a completed fingerprint chart and two full-face photographs, 11⁄2 inches by 2 inches, signed on the face. These forms may be obtained from the Director.

(b) A registration fee of five dollars ($5) by check or money order, drawn to the order of the "U.S. Coast Guard," shall accompany an application for registration. This registration fee will be refunded if applicant is not registered. [32 F.R. 14220, Oct. 13, 1967]

§ 401.210 Requirements and qualifications for registration.

(a) No person shall be registered as a United States Registered Pilot unless:

(1) He holds an unlimited master's license authorizing navigation on the Great Lakes and suitably endorsed thereon for pilotage on routes specified therein, issued under the provisions of 46 CFR Part 10.

(2) He is a citizen of the United States.

(3) He is of good moral character and temperate habits.

(4) He is physically competent to perform the duties of a U.S. Registered Pilot and meets the medical requirements prescribed by the Commandant.

(5) He has not reached the age of 65. (6) He possesses a validated Merchant Mariner's Document issued by the Coast Guard.

(7) He agrees that he will be continuously available for service under the terms and conditions as may be approved or prescribed by the Commandant.

(8) He has complied with the requirements set forth in § 401.220 (b) for Applicant Pilots if applying for registration for waters in which a pilotage pool is authorized.

(9) He agrees to comply with all applicable provisions of this part and amendments thereto.

(b) Any person registered as a United States Registered Pilot pursuant to the provisions of this part whose application contains false or misleading statements furnished by the applicant in furtherance of his application shall be in violation of these regulations and may be proceeded against under § 401.250 (a) or § 401.500.

[29 F.R. 10464, July 28, 1964, as amended at 31 F.R. 9065, July 1, 1966; 32 F.R. 14220, Oct. 13, 1967]

(a) The Director shall determine the number of Applicant Pilots required to be in training by each Association authorized to form a pool in order to assure an adequate number of Registered Pilots. No Applicant Pilot shall be selected for training unless:

(1) He meets the requirements and qualifications set forth in subparagraphs (1) through (4), (6), (7), and (9) of § 401.210(a).

(2) He shall not have reached the age of 60.

(3) He has within five (5) years preceding date of application satisfactorily served (i) on vessels of not less than 4,000 gross tons as master for one year or one season of eight (8) months as master on enrolled vessels on the Great Lakes or (ii) on vessels of not less than 4,000 gross tons as chief mate for two years or two seasons of eight months each as chief mate on enrolled vessels on the Great Lakes or (iii) on vessels of not less than 2,500 gross tons as a licensed deck officer for four years or four seasons of eight months each as a licensed deck officer on enrolled vessels on the Great Lakes or (iv) as a pilot of oceangoing vessels of not less than 4,000 gross tons for one year under a governmentregulated, military, or industrially controlled pilotage service or (v) as a member of the Armed Forces of the United States on vessels of at least 1,000 gross tons, or equivalent, in capacities as determined by the Director to be equivalent to those required under subdivisions (i), (ii), (iii), or (iv) of this subparagraph; or (vi) on vessels under circumstances or conditions other than provided in this subparagraph which may be accepted as qualifying experience for selection as an Applicant Pilot subject to evaluation by the Director. Experience of at least 1 year on vessels of at least 2,000 gross tons in capacities determined by the Director to be equivalent to those required shall be the minimum criteria of satisfactory service for this exception.

(4) He possesses a radar observer competency certificate or equivalent U.S. Coast Guard endorsement.

(b) An applicant who is unable to meet the experience requirements of paragraph (a)(3) of this section may substitute training experience under the auspices and supervision of a U.S. pilotage pool. Time shall be counted as master's time under paragraph (a)(3) (i) of this section for each day or part thereof actually on board a vessel in company with a U.S. or Canadian Registered Pilot. Such applicant will not be eligible to serve as a Temporary Registered Pilot under the provisions of § 401.220 (e).

(c) Persons desiring to be considered as an Applicant Pilot shall file with the Director a completed Application Form, CG-4509, in duplicate, together with the two full-face photographs, 11⁄2 inches by 2 inches, signed on the face, and a completed fingerprint chart. The $5 regis