46 C.F.R. § 401.300

Authorization for establishment of pilotage pools

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(a) Voluntary associations of United States Registered Pilots will be authorized to establish a pilotage pool or pools in the following areas of the U.S. waters of the Great Lakes designated by the President in Proclamation No. 3385 of December 22, 1960, as amended by Proclamation No. 3855 of June 10, 1968, or in such other areas as the Director may deem necessary to assure adequate and efficient pilotage services for the U.S. waters of the Great Lakes:

(1) District No. 1. All United States waters of the St. Lawrence River between the international boundary at St. Regis and a line at the head of the river running (at approximately 127° True) between Carruthers Point Light and South Side Light extended to the New York shore.

(2) District No. 2. All United States waters of Lake Erie westward of a line running (at approximately 026° True) from Sandusky Pierhead Light at Cedar Point to Southeast Shoal Light; all waters contained within the arc of a circle of one mile radius eastward of Sandusky Pierhead Light; the Detroit River; Lake St. Clair; the St. Clair River, and Northern approaches thereto south of latitude 43°05′30″ N.

(3) District No. 3. All U.S. waters of the St. Marys River, Sault Sainte Marie Locks and approaches thereto between latitude 45°59′ N. at the southern approach and longitude 84°33′ W. at the northern approach.

(b) The Director must determine the number of pilotage pools that will be authorized for establishment by voluntary associations of United States Registered Pilots in order to assure adequate and efficient pilotage services for the United States waters of the Great Lakes.

[26 FR 952, Jan. 31, 1961, as amended at 32 FR 14221, Oct. 13, 1967; CGFR 68-78, 33 FR 9823, July 9, 1968. Redesignated at 61 FR 32655, June 25, 1996, and further redesignated by USCG-1998-3976, 63 FR 35139, June 29, 1998; USCG-2022-0025, 89 FR 76350, Sept. 17, 2024]
Notes of Decisions
Cited in 5 cases, 2005–2011 · leading case: Menkes v. U.S. Department of Homeland Security
Menkes v. U.S. Department of Homeland Security (2011) cadc · cites it 10× “46 C.F.R. § 401.300 . Under the applicable regulations, "[w]hen pilotage service is not provided by the association authorized under 46 U.”
Menkes v. US Dept. of Homeland SEC. (2005) dcd · cites it 2× “§§ 9304 , 9306; 46 C.F.R. §§ 401.300 (a)(1), 401.720(b), 402.”
Menkes v. St. Lawrence Seaway Pilots' Ass'n (2008) ca2 “’’ 46 C.F.R. § 401.300 (a)(1). The designation is administrative and is not based on any economic market analysis.”
Menkes v. Department of Homeland Security (2009) dcd “; see also 46 C.F.R. § 401.300 (a). To provide pilotage services efficiently, the statute allows the Coast Guard to establish “pilotage pools” formed by associations of registered pilots.”
Menkes v. U.S. Department of Homeland Security (2009) dcd “; see also 46 C.F.R. § 401.300 (a). To provide pilotage services efficiently, the statute allows the Coast Guard to establish 2Menkes also filed suit in the Second Circuit against the Association itself alleging the Association violated federal antitrust and state business laws,…”
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