C.F.R. » Title 46 » CHAPTER III—COAST GUARD (GREAT LAKES PILOTAGE), DEPARTMENT OF HOMELAND SECURITY › PART 401—GREAT LAKES PILOTAGE REGULATIONS › Subpart G—Operating Requirements for U.S. Registered Pilots and Holders of Certificates of Authorization; Authority of the Director Over Operations

46 C.F.R. § 401.720

Authority of the Director over operations

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(a) This section does not limit the authority of the Director under any other section in this chapter.

(b) When pilotage service is not provided by the association authorized under 46 U.S.C. 9304 because of a physical or economic inability to do so, or when the Certificate of Authorization is under suspension or revocation under § 401.335, the Director may order any U.S. registered pilot to provide pilotage service.

[CGD 74-233, 40 FR 41527, Sept. 8, 1975, as amended by CGD 75-228, 40 FR 57673, Dec. 11, 1975. Redesignated and amended at 61 FR 32655, June 25, 1996, and further redesignated and amended by USCG-1998-3976, 63 FR 35139, 35140, June 29, 1998; USCG-2008-0906, 73 FR 56511, Sept. 29, 2008]
Notes of Decisions
Cited in 7 cases, 2005–2018 · leading case: Menkes v. U.S. Department of Homeland Security
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Menkes v. U.S. Department of Homeland Security (2011) cadc · cites it 22× “waters of the Great Lakes; the other, 46 C.F.R. § 401.720 (b), provides that "[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 5× “The Director additionally notified the SLSPA of plaintiffs status for the 2001 navigation season and cited his authority under 46 C.F.R. § 401.720 2 to dispatch the plaintiff in instances when the SLSPA was not providing adequate pilotage service.”
Menkes v. Department of Homeland Security (2007) cadc · cites it 2× “the Association has not physically provided adequate pilotage service in accordance with 46 C.F.R. § 401.720 (b).” 3 That section of the Coast Guard regulations permits the Director of Great Lakes Pilotage to order a registered pilot to provide pilotage service whenever an…”
Accrediting Council for Indep. Colls. & Sch. v. Devos (2018) cadc · cites it 2× “In Menkes , an independent pilot challenged the Coast Guard's decision to not permit him to provide pilotage service pursuant to 46 C.F.R. § 401.720 (b). See id. at 1313 .”
American Petroleum Tankers Parent, LLC v. United States (2013) dcd · cites it 3× “2007), considered a challenge to the Coast Guard’s decision not to permit an independent pilot to provide pilotage service pursuant to 46 C.F.R. § 401.720 (b). Id. at 1310 . Section 401.”
Menkes v. Department of Homeland Security (2009) dcd · cites it 5× “” 46 C.F.R. § 401.720 (b). According to the Coast Guard, this regulation gives associations, and not the Coast Guard, the primary responsibility for dispatching pilots, and forecloses the Coast Guard’s ability to appoint independent pilots unless the Association is incapable of…”
Menkes v. U.S. Department of Homeland Security (2009) dcd · cites it 3× “According to the Coast Guard, this regulation gives associations, and not the Coast Guard, the primary responsibility for dispatching pilots, and forecloses the Coast Guard's ability to appoint independent pilots unless the Association is incapable of providing services.…”
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