he may agree to the extension of such agreement to some or all of the amounts in the old fund and transfer the amounts in the old fund to which the agreement is to apply from the old fund to the new fund. If an agreement to establish a new fund is extended to amounts from an old fund, each item in the old fund to which such agreement applies shall be considered to be transferred to the appropriate account in the manner provided for in §391.8(d) in the new fund in a nontaxable transaction which is in accordance with the provisions of the agreement under which such old fund was maintained. For purposes of determining amount of interest under section 607(h)(3)(C) of the Act and §391.7(e), the date of deposit of any item so transferred shall be deemed to be July 1, 1971, or the date of the deposit in the old fund, whichever is the later.

the

(a) As used in the regulations in this part and as defined in section 607(k) of the Act

(1) The term eligible vessel means any vessel

(i) Constructed in the United States, and if reconstructed, reconstructed in the United States,

(ii) Documented under the laws of the United States, and

(iii) Operated in the foreign or domestic commerce of the United States or in the fisheries of the United States. Any vessel which was constructed outside of the United States but documented under the laws of the United States on April 15, 1970, or constructed outside the United States for use in the

U.S. foreign trade pursuant to a contract entered into before April 15, 1970, shall be treated as satisfying the requirements of paragraph (a)(1) of this section and the requirements of paragraph (a)(2)(i) of this section.

(2) The term qualified vessel means any vessel

(i) Constructed in the United States and, if reconstructed, reconstructed in the United States,

(ii) Documented under the laws of the United States, and

(iii) Which the person maintaining the fund agrees with the Secretary of Transportation will be operated in the U.S. foreign, Great Lakes, noncontiguous domestic trade or in the fisheries of the United States.

or

(3) The term agreement vessel means any eligible vessel or qualified vessel which is subject to an agreement entered into under section 607 of the Act.

(4) The term vessel includes cargo handling equipment which the Secretary of Transportation determines is intended for use primarily on the vessel. The term vessel also includes an ocean-going towing vessel or an oceangoing barge or comparable towing vessel or barge operated in the Great Lakes.

(b) Insofar as the computation and collection of taxes are concerned, other terms used in the regulation in this part, except as otherwise provided in the Act or this part, have the same meaning as in the Code and the regulations thereunder.

[29 FR 10464, July 28, 1964]

PARTS 392-399 [RESERVED]

401.211 Requirements for training of Applicant Pilots.

401.220 Registration of pilots.

401.230 Certificates of Registration.

401.240 Renewal of Certificates of Registration.

401.250 Suspension and revocation of Certificates of Registration. 401.260 Reports.

Subpart C-Establishment of Pools by Voluntary Associations of United States Registered Pilots

401.300 Authorization for establishment of pools.

401.310 Application for establishment of pools.

401.320 Requirements and qualifications for authorization to establish pools.

401.330 Certificates of Authorization. 401.335 Suspension or revocation of a Certificate of Authorization. 401.340 Compliance with working rules of pools.

Subpart D-Rates, Charges, and
Conditions for Pilotage Services

401.400 Calculation of pilotage units and de-
termination of weighting factor.
401.405 Basic rates and charges on the St.
Lawrence River and Lake Ontario.

401.407 Basic rates and charges on Lake Erie and the navigable waters from Southeast Shoal to Port Huron, MI.

401.410 Basic rates and charges on Lakes Huron, Michigan and Superior and the St. Mary's River.

401.420 Cancellation, delay or interruption in rendition of services.

401.425 Provision for additional pilot. 401.427 Charge on past due accounts. 401.428 Basic rates and charges for carrying a U.S. pilot beyond normal change point

performed by registered pilots to meet the provisions of the Act.

[26 FR 951, Jan. 31, 1961. Redesignated at 61 FR 32655, June 25, 1996, and further redesignated by USCG-1998–3976, 63 FR 35139, June 29, 1998]

§ 401.105 OMB

control numbers assigned pursuant to the Paperwork Reduction Act.

(a) Purpose. This section collects and displays the control numbers assigned to information collection and recordkeeping requirements in this subchapter by the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980, (44 U.S.C. 3501 et seq.). The Coast Guard intends that this section comply with the requirements of 44 U.S.C. 3507(f) which requires that agencies display a current control number assigned by the Diretor of the OMB for each approved agency information collection requirement.

§ 401.110 Definitions.

(a) As used in this chapter:

(1) Act means the Great Lakes Pilotage Act of 1960, as amended (Pub. L. 86555, 74 Stat. 259-262; 46 U.S.C. 216 through 2161).

(2) Commandant means Commandant, U.S. Coast Guard, Washington, DC 20593-0001.

(3) Canadian Registered Pilot means a person, other than a member of the regular complement of a vessel, who holds an appropriate Canadian license issued by an 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 Ontario, 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 Secretary 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) United States registered pilot means a person, other than a member of the regular complement of a vessel, who holds a license authorizing navigation on the Great Lakes and suitably endorsed for pilotage on routes specified therein, issued under the authority of the provisions of Title 52 of the Revised Statutes, and who is also registered under the provisions of Subpart B of this part.

(9) Director means Director, Great Lakes Pilotage. Communications with the Director may be sent to the following address: Director, Great Lakes Pilotage (G-MW), 2100 Second Street, SW., Washington, DC 20593-0001.

(10) Rate computation definitions:

(i) Length means the distance between the forward and after extremities of the ship.

(ii) Breadth means the maximum breadth to the outside of the shell plating of the ship.

(iii) Depth means the vertical distance at amidships from the top of the keel plate to the uppermost continuous deck, fore and aft, and which extends to the sides of the ship. The continuity of a deck shall not be considered to be affected by the existence of tonnage