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(c) A copy of each waiver granted under this section shall be maintained at all times in the VAP.

§ 8.565 Appeal.

A company may appeal any decision or action taken under this subpart in accordance with 46 CFR part 1, subpart 1.03 of this chapter.

§ 8.570 Interim approval of prototype SIP company or vessel plans.

(a) A company operating under an approved prototype SIP company or vessel plan must apply in writing by November 1, 1998, to the cognizant OCMI for approval to continue operating under the plans while revisions are developed to bring the prototype SIP company or vessel plan into conformance with this subpart. The OCMI may approve the request for a period of up to 3 years.

(b) A company that does not request approval as required by paragraph (a) of this section or does not obtain approval to continue operating under a prototype SIP company or vessel plan by February 1, 1999, may no longer operate under the plans and will be inspected in accordance with the requirements of 46 CFR part 2, subpart 2.01 of this chapter.

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46 CFR Ch. I (10-1-98 Edition)

SOURCE: CGD 74-119, 39 FR 33336, Sept. 17, 1974, unless otherwise noted.

89.1 Extra compensation; Coast Guard civilian personnel.

Civilians assigned to the duties formerly assigned to local inspectors and their assistants, United States shipping commissioners and their deputies and assistants prior to Reorganization Plan No. 3 of 1946 (3 CFR, 1946 Supp.), and customs officers and employees, while performing duties in connection with the inspection of vessels or their equipment, supplying or signing on or discharging crews of vessels, at night or on Sundays and holidays, shall receive extra compensation to be paid by the master, owner, or agent of the vessel to the local United States collector of customs or his representative. (See $9.16.)

89.2 Payment although no actual service performed.

The rates of extra compensation are payable in cases where the services of officers or employees have been duly requested and the officers or employees have reported for duty, even though no actual service may be performed.

§9.3 Overtime earnings not basis for overtime under Federal Employees Pay Act of 1945.

Overtime, Sunday, and holiday services which are covered by payments under this part shall not also form a basis for overtime or extra pay under the Federal Employees Pay Act of 1945.

§9.4 Waiting time; actual report for duties.

Extra compensation for waiting time I will not be allowed unless and until an officer or employee actually reports for duty.

$9.5 Night, Sunday, and holiday defined.

(a) For the purpose of this part the word night shall mean the time between 5 p.m. of any day and 8 a.m. of the following day.

(b) The term holiday shall mean only national legal public holidays, viz., January 1, February 22, May 30, July 4, the 1st Monday in September, November 11, the 4th Thursday in November, December 25, and such other days as

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may be declared legal public holidays by an act of Congress or by an Executive order of the President of the United States.

(c) The term Sunday shall include the first day of each calendar week.

§ 9.6 Rate for night service.

The rate of extra compensation for authorized overtime services performed at night on any week day is hereby fixed at one half the gross daily rate of regular pay of the employee who performs the services for each 2 hours of compensable time, any fraction of 2 hours amounting to at least one hour to be counted as 2 hours. In computing the amount earned, each 2 hours is the time period for the purpose of computation, at least one hour means the minimum service in each period for which extra pay may be granted. If service continues beyond a 2 hour period, it must extend for at least one hour into the following 2 hour period to be entitled to extra pay for the second period. When the overtime extends beyond 5 p.m., payment of extra compensation from 5 p.m. for services consisting of at least one hour is authorized, even though such services may not actually begin until 7 p.m., 9 p.m., or later: Provided, That the officer rendering the service remained on duty from 5 p.m., in which case the time between 5 p.m., and the time of beginning the actual service shall be computed as waiting time; and where the actual services begin as late as 9 p.m., there should be an affirmative statement that the officer was required to remain on duty between 5 p.m. and 9 p.m., if a charge for waiting time is made. The maximum amount of extra compensation which may be paid an employee for services during one night shall not exceed two and one-half times the gross daily rate of his regular pay.

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$9.7 Rate for Sunday or holiday services.

The rate of extra compensation for Sunday or holiday services is hereby fixed at twice the gross daily rate of regular pay of the employee who performs the service, for any and all services totaling an aggregate of not more than nine hours, with one hour for food and rest, during the 24 hours from mid

night to midnight of the Sunday or holiday including actual waiting time and time required for travel between posts of duty but not including other time not spent at the post of duty. This rate shall apply regardless of the length of time served within the aggregate of the aforesaid 9 hours, whether it is served continuously or in broken periods, and whether it is served for one or more applicants. Services in excess of an aggregate of the aforesaid 9 hours performed during the 24 hours of a Sunday or holiday shall be compensated on the same basis as overtime services performed at night on a weekday, the time between the completion of the aggregate of the aforesaid 9 hours and midnight being considered as the hours of a night. The maximum amount which may be paid an employee for services performed during the 24 hours of a Sunday or holiday shall not exceed four and one-half times the gross daily rate of his regular pay.

$9.8 Broken periods.

In computing extra compensation where the services rendered are in broken periods and less than 2 hours intervene between such broken periods the time served should be combined with the waiting time and computed as continuous service.

§9.9 Two hours between broken periods.

Where 2 hours or more intervene between broken periods, one-half day's extra pay will be allowed for each distinct 2-hour period or part of a 2-hour period, if waiting time and actual service rendered within each period consists of at least 1 hour.

§9.10 Waiting time.

The same construction should be given the act when charging for waiting time as governs the charge for services actually rendered. No charge should be made unless after having reported for duty the waiting time amounts to at least one hour.

§9.11 Proration of charges.

If services are performed for two or more applicants during one continuous tour of overtime duty, the charge for

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10.306 Radar-Operation course and certificate.

10.307 Training schools with approved radar observer courses.

10.309 Coast Guard-accepted training other than approved courses.

Subpart D-Professional Requirements for Deck Officers' Licenses

10.401 Ocean and near coastal licenses. 10.402 Tonnage requirements for ocean or near coastal licenses for vessels of over 1600 gross tons.

10.403 10.404 Service requirements for master of ocean or near coastal steam or motor vessels of any gross tons.

Deck license structure.

10.405 Service requirements for chief mate of ocean or near coastal steam or motor vessels of any gross tons.

10.406 Service requirements for second mate of ocean or near coastal steam or motor vessels of any gross tons.

10.407 Service requirements for third mate of ocean or near coastal steam or motor vessels of any gross tons.

10.410 Requirements for deck licenses for

vessels of not more than 1600 gross tons. 10.412 Service requirements for master of

ocean or near coastal steam or motor vessels of not more than 1600 gross tons. 10.414 Service requirements for mate of ocean steam or motor vessels of not more than 1600 gross tons.

10.416 Service requirements for mate of near coastal steam or motor vessels of not more than 1600 gross tons.

10.418 Service requirements for master of ocean or near coastal steam or motor vessels of not more than 500 gross tons. 10.420 Service requirements for mate of ocean steam or motor vessels of not more than 500 gross tons.

10.421 Service requirements for mate of near coastal steam or motor vessels of not more than 500 gross tons.

10.422 Tonnage limitations and qualifying requirements for licenses as master or mate of vessels of not more than 200 gross tons.

10.424 Service requirements for master of ocean steam or motor vessels of not more than 200 gross tons.

10.426 Service requirements for master of near coastal steam or motor vessels of not more than 200 gross tons.

10.427 Service requirements for mate of near coastal steam or motor vessels of not more than 200 gross tons.

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Lakes and inland licenses for vessels of over 1600 gross tons.

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10.433 Service requirements for master of Great Lakes and inland steam or motor vessels of any gross tons.

10.435 Service requirements for master of inland steam or motor vessels of any gross tons.

10.437 Service requirements for mate of Great Lakes and inland steam or motor vessels of any gross tons.

10.442 Service requirements for master of Great Lakes and inland steam or motor vessels of not more than 1600 gross tons. 10.444 Service requirements for mate of Great Lakes and inland steam or motor vessels of not more than 1600 gross tons. 10.446 Service requirements for master of Great Lakes and inland steam or motor vessels of not more than 500 gross tons. 10.448 Service requirements for mate of Great Lakes and inland steam or motor vessels of not more than 500 gross tons. 10.450 Tonnage limitations and qualifying requirements for licenses as master or mate of Great Lakes and inland vessels of not more than 200 gross tons. 10.452 Service requirements for master of Great Lakes and inland steam or motor vessels of not more than 200 gross tons. 10.454 Service requirements for mate

of

Great Lakes and inland steam or motor vessels of not more than 200 gross tons. 10.455 Service requirements for master of Great Lakes and inland steam or motor vessels of not more than 100 gross tons. 10.456 Service requirements for limited

master of Great Lakes and inland steam or motor vessels of not more than 100 gross tons.

10.457 Service requirements for master of inland steam or motor vessels of not more than 100 gross tons.

10.459 Service requirements for master or mate of rivers.

10.462 Licenses for master or mate of uninspected fishing industry vessels. 10.464 Licenses for operator of uninspected towing vessels.

10.466 Licenses for operator of uninspected passenger vessels.

10.468 Licenses for mobile offshore drilling

units.

10.470 Licenses for offshore installation

manager.

10.472 License for barge supervisor.

10.474 License for ballast control operator.

Subpart E-Professional Requirements for Engineer Officers' Licenses

10.501 Grade and type of engineer licenses issued.

10.502 Additional requirements for engineer

licenses.

10.503 Horsepower limitations. 10.504 Application of deck service for limited engineer licenses.

10.505 Engineer license structure. 10.510 Service requirements for chief engineer of steam and/or motor vessels. 10.512 Service requirements for first assistant engineer of steam and/or motor vessels.

10.514 Service requirements for second assistant engineer of steam and/or motor vessels.

10.516 Service requirements for third assistant engineer of steam and/or motor vessels.

10.518 Service requirements for chief engineer (limited-oceans) of steam and/or motor vessels.

10.520 Service requirements for chief engineer (limited-near coastal) of steam and/ or motor vessels.

10.522 Service requirements for assistant engineer (limited-oceans) of steam and/or motor vessels.

10.524 Service requirements for designated duty engineer of steam and/or motor vessels.

10.530 Licenses for engineers of uninspected fishing industry vessels.

10.540 Licenses for engineers of mobile offshore drilling units.

10.542 License for chief engineer (MODU). 10.544 License for assistant engineer (MODU).

10.551 Licenses for service on offshore supply vessels.

10.553 Chief Engineer (OSV).

10.555 Engineer (OSV).

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