C.F.R. » Title 46 » CHAPTER I—COAST GUARD, DEPARTMENT OF HOMELAND SECURITY › SUBCHAPTER B—MERCHANT MARINE OFFICERS AND SEAMEN › PART 15—MANNING REQUIREMENTS › Subpart E—Manning Requirements; Inspected Vessels

46 C.F.R. § 15.501

Certificate of inspection

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(a) The certificate of inspection (COI) issued by an Officer in Charge, Marine Inspection (OCMI), to a vessel required to be inspected under 46 U.S.C. 3301 specifies the minimum complement of officers and crew necessary for the safe operation of the vessel.

(b) The manning requirements for a particular vessel are determined by the OCMI after consideration of the applicable laws, the regulations in this part, and all other factors involved, such as: emergency situations, size and type of vessel, installed equipment, proposed routes of operation including frequency of port calls, cargo carried, type of service in which employed, degree of automation, use of labor saving devices, and the organizational structure of the vessel.

[CGD 81-059, 52 FR 38652, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 149, Jan. 4, 1989; USCG-2006-24412, 81 FR 40100, June 20, 2016]
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2005–2021 · leading case: 436, Ltd., Heitmeier v. Comm'r, 2015 T.C. Memo. 28 (Tax Ct. 2015).
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436, Ltd., Heitmeier v. Comm'r, 2015 T.C. Memo. 28 (Tax Ct. 2015). · cites it 2× “The determination is fact specific for each boat, but Coast Guard guidelines suggest that Heitmeier's staffing decisions were not out of the ordinary.”
Adams v. All Coast, 15 F.4th 365 (5th Cir. 2021). “4 46 C.F.R. § 15.501 . The FLSA exempts from minimum wage requirements any person “employed as a seaman.”
Carney v. United States, 368 F. Supp. 2d 439 (D. Maryland 2005). “According to 46 C.F.R. § 15.501 (b), the manning requirements for a particular vessel are left to the discretion of the government, after considering all the applicable laws, regulations, and other factors.”
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