(b) The fee for certification or validation with appropriate Treasury Department seal shall be $5.50.

(c) The fee for certification or validation with appropriate Coast Guard seal, when performed at Headquarters in Washington, D.C., shall be $3.25. The fee for other certification or validation with appropriate Coast Guard seal shall be $2.75. The fee for certification or validation without a Coast Guard seal shall be $1.25.

(d) When the record or document is copied or duplicated by some one other than the Coast Guard and it is requested that such record or document be certified as a true copy of the Coast Guard record or document, the fee for such certification, without Coast Guard seal, shall be $1.25 for each page or less. If the certification includes the appropriate Treasury Department or Coast Guard seal, the fees in paragraphs (b) and (c) of this section will also apply.

[CGFR 57-43, 22 F.R. 8421, Oct. 25, 1957, as amended by CGFR 61-2, 26 F.R. 1497, Feb. 22, 1961]

§ 1.25-75 Payment of fees.

The payment must be made in cash or by postal money order or check payable to the order of the U.S. Coast Guard and sent to the office of the Coast Guard performing the service or furnishing or delivering the record, document or certificate. If copy is to be transmitted by registered, air, or special delivery mail, postal fees therefor will be added to fees provided in this subpart (or the order must include postage stamps or stamped return envelopes).

[CGFR 54-58, 20 FR. 1099, Feb. 22, 1955] § 1.25-80 Disposition of collections.

Funds received from the public in payment of the prescribed fees shall be turned into the Treasury of the United States and credited to the Miscellaneous Receipt Account.

[CGFR 65-58, 20 F.R. 1099, Feb. 22, 1955]

Penalties and violations.

Powers

2.33-1

(a) The rules and regulations in this part are statements of policy, interpretive rulings, or descriptions of practices with respect to the general duties and jurisdiction of the Coast Guard in the administration and enforcement of navigation and vessel inspection laws.

(b) The primary duties of the Coast Guard are described in section 2 of Title 14 (Coast Guard), U.S. Code, and sections 2 and 372 of Title 46 (Shipping), U.S. Code.

§ 2.01-5 Assignment of functions.

(a) The Secretary of the Treasury by Treasury Department Orders 120, dated July 31, 1950 (15 F.R. 6521), and 167-17, dated June 25, 1955 (20 F.R. 4976), delegated to the Commandant, United States Coast Guard, authority to prescribe rules and regulations as necessary to carry out the provisions of any law administered by the Coast Guard. The general statements of policy, interpretive rules, and descriptions of practices are prescribed pursuant to section 3 of the Administrative Procedure Act (5 U.S.C. 1002) and section 633 of Title 14, U.S. Code, in the act of August 4, 1949.

§ 2.01-10 Penalties and violations.

(a) The regulations in this part are "interpretive rules, general statements of policy, rules of agency organization, procedure, or practice" as described in subsection 4(a) of the Administrative Procedure Act (5 U.S.C. 1003 (a)). failure to comply with any law as interpreted by a regulation in this part will be considered as a violation of such law and a penalty may be assessed.

The

(b) The reports of violations of navigation and vessel inspection laws, as well as the assessment, collection, miti

gation or remission of penalties authorized by law shall be in accordance with 46 CFR Subpart 2.50 (Şubchapter A— Procedures Applicable to the Public). Subpart 2.05-Coast Guard Functions and Powers

§ 2.05-1 Primary duties assigned by law. (a) Section 2 of Title 14 (Coast Guard), U.S. Code, states the primary duties of the Coast Guard as follows:

The Coast Guard shall enforce or assist in the enforcement of all applicable Federal laws upon the high seas and waters subject to the jurisdiction of the United States; shall administer laws and promulgate and enforce regulations for the promotion of safety of life and property on the high seas and on waters subject to the jurisdiction of the United States covering all matters not specifically delegated by law to some other executive department; shall develop, establish, maintain, and operate, with due regard to the requirements of national defense, aids to maritime navigation, ice-breaking facilities, and rescue facilities for the promotion of safety on and over the high seas and waters subject to the jurisdiction of the United States; shall engage in oceanographic research on the high seas and in water subject to the jurisdiction of the United States; and shall maintain a state of readiness to function as a specialized service in the Navy in time of war.

(b) Section 2 of Title 46 (Shipping), U.S. Code, states certain duties of the Coast Guard as follows:

The Commandant of the Coast Guard and the Commissioner of Customs shall have general superintendence of the commercial marine and merchant seamen of the United States so far as vesssels and seamen are not under existing laws subject to the supervision of any other officer of the Government.

(c) Section 4403 of the Revised Statutes, as amended (46 U.S.C. 372), states administrative duties of the Coast Guard with respect to inspections as follows:

The Commandant of the Coast Guard shall superintend the administration of the steamboat-inspection laws, and produce a correct and uniform administration of the inspection laws, rules, and regulations.

(d) The regulations in 46 CFR Chapter I, and in this chapter have been prescribed to implement various laws administered or enforced by the Coast Guard, which laws are described in or with the applicable regulations.

§ 2.05-5 Law enforcement. P

(Coast

(a) Section 89 of Title 14 Guard), U.S. Code, states the law enforcement duties of the Coast Guard as follows:

The Coast Guard may make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the United States has jurisdiction, for the prevention, detection, and suppression of violations of laws of the United States. For such purposes, commissioned, warrant, and petty officers may at any time go on board any vessel subject to the jurisdiction, or to the operation of any law, of the United States, address inquiries to those on board, examine the ship's documents and papers, and examine, inspect, and search the vessel and use all necessary force to compel compliance. When from such inquiries, examination, inspection, or search it appears that a breach of the laws of the United States rendering a person liable to arrest is being, or has been committed, by any person, such person shall be arrested or, if escaping to shore, shall be immediately pursued and arrested on shore, or other lawful and appropriate action shall be taken; or, if it shall appear that a breach of the laws of the United States has been committed so as to render such vessel, or the merchandise, or any part thereof, on board of, or brought into the United States by, such vessel, liable to forfeiture, or so as to render such vessel liable to a fine or penalty and if necessary to secure such fine or penalty, such vessel or such merchandise, or both, shall be seized.

The officers of the Coast Guard insofar as they are engaged, pursuant to the authority contained in this section, in enforcing any law of the United States shall:

be deemed to be acting as agents of the particular executive department or independent establishment charged with the administration of the particular law; and

be subject to all the rules and regulations promulgated by such department or independent establishment with respect to the enforcement of that law.

The provisions of this section are in addition to any powers conferred by law upon such officers, and not in limitation of any powers conferred by law upon such officers, or any other officers of the United States.

(b) Subsection 8(c) of the Federal Boating Act of 1958 (46 U.S.C. 527e), states the enforcement duties of the Coast Guard as follows:

Commissioned, warrant, and petty officers of the Coast Guard may board any vessel required to be numbered under this act at any time such vessel is found upon the navigable waters of the United States, its Territories and the District of Columbia, or on the high seas, address inquiries to those on board, require appropriate proof of iden

tification therefrom, examine the certificate of number issued under this subchapter, or in the absence of such certificate require appropriate proof of identification of the owner of the vessel, and, in addition, examine such vessel for compliance with this Act, the Act of April 25, 1940, as amended, and the applicable rules of the road.

(c) As a Service within the Treasury Department, Subsection 1581 (b) of Title 19, U.S. Code, the Coast Guard's enforcement duties with respect to navigation laws are:

Officers of the Department of the Treasury and other persons authorized by such department may go on board of any vessel at any place in the United States or within the customs waters and hail, stop, and board such vessel in the enforcement of the navigation laws and arrest or, in case of escape or attempted escape, pursue and arrest any person engaged in the breach or violation of the navigation laws.

The Commandant of the Coast Guard * *, may, upon application therefor, remit or mitigate any fine, penalty, or forfeiture provided for in laws relating to vessels or discontinue any prosecution to recover penalties or relating to forfeitures denounced in such laws, excepting the penalty of imprisonment or of removal from office, upon such terms as he, in his discretion, shall think proper; and all rights granted to informers by such laws shall be held subject to the Commandant's * powers of remission, except in cases where the claims of any informer to the share of any penalty shall have been determined by a court of competent jurisdiction prior to the application for the remission of the the penalty or forfeiture; and the Commandant * *shall have authority to ascertain the facts upon all such applications in such manner and under such regulations as he may deem proper.

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