§ 14.403 - Exemptions.

§ 14.403 Exemptions.

(a) Certain requirements of Title 46, United States Code do not apply to the employment of merchant mariners on oceanographic research vessels. These requirements are those concerned with, among other things, the shipment and discharge of mariners, their pay and allotments, and the adequacy of their clothing. 46 U.S.C. 2113(2) allows exemptions of oceanographic research vessels from certain requirements of parts B, C, F, or G of subtitle II of 46 U.S.C., upon such terms as the Secretary of the Department of Homeland Security deems suitable. The exemptions available under this subpart are subject to the following terms:

(1) No use of any exemption relieves the owner, charterer, managing operator, master, or individual in charge of the vessel of other statutory responsibilities for the protection of every mariner under his or her command.

(2) If it is presented at a reasonable time and in a reasonable manner, the master or individual in charge must receive, consider, and appropriately address the legitimate complaint of any mariner.

(b) For any oceanographic research vessel sailing with any mariner employed by any firm, association, corporation, or educational or governmental body or agency, the Commandant may grant exemptions from -

(1) 46 U.S.C. 10301, Application;

(2) 46 U.S.C. 10302, Shipping articles (for foreign and intercoastal voyages);

(3) 46 U.S.C. 10307, Posting of articles;

(4) 46 U.S.C. 10308, Foreign engagements;

(5) 46 U.S.C. 10311, Certificates of discharge;

(6) 46 U.S.C. 10313 and 10504, Wages;

(7) 46 U.S.C. 10314 and 10505, Advances;

(8) 46 U.S.C. 10315, Allotments;

(9) 46 U.S.C. 10316 and 10506, Trusts;

(10) 46 U.S.C. 10321 and 10508, General penalties;

(11) 46 U.S.C. 10502, Shipping articles (for coastwise voyages); and

(12) 46 U.S.C. 10509, Penalty for failure to begin coastwise voyages.

[CGD 94-004, 61 FR 56637, Nov. 4, 1996, as amended by USCG-2004-17914, 78 FR 77999, Dec. 24, 2013]