Encl. (1) to COMDTINST 16637.5
c.
Pursuant to 46 CFR 401.510(b)(6), "U.S. pilotage pools informing the Director that a pilot
is not available for a vessel shall also obtain notice that a pilot is not available from the
appropriate Canadian Supervisor of Pilots for those portions of the route which are in
Canadian waters in the manner prescribed by them."
d.
Pursuant to 46 CFR 401.501(b), when the Director notifies the master that a U.S. or
Canadian registered pilot will not be available within six hours, the vessel is no longer
required to engage a registered pilot. However, the vessel still remains under the
authority of the Captain of the Port (COTP), based on the Ports and Waterways Safety
Act (33 U.S.C. 1223), and any other laws and regulations that may apply.
e.
The COTP, pursuant to the Ports and Waterways Safety Act, retains authority to
determine whether the vessel may sail and will inform the Director and the Commander,
Ninth Coast Guard District (m), of the final disposition of the case, and the vessel's next
port of call. The Director will inform the appropriate pilot association.
The Distress Rule (46 U.S.C. 9302(d)(2) and 46 CFR 401.501)
A vessel may be navigated in the U.S. waters of the Great Lakes without a United States or
Canadian registered pilot when the vessel or its cargo is in distress or jeopardy.
LABOR DISPUTES INVOLVING REGISTERED PILOTS
General
It is Coast Guard policy not to take sides in a labor dispute. During these situations, the Coast
Guard's sole concern is in preserving maritime safety (46 CRF 5.71). A registered pilot may
refuse to render pilotage services to a vessel during a labor dispute. This refusal may come either
before the pilot boards the ship, or after. Each situation is handled differently.
Refusal Before Boarding
If a registered pilot is confronted with a picket line or other evidence of a labor dispute before
boarding a vessel, the registered pilot may refuse to take that pilotage assignment. If another
registered pilot is willing to cross the picket line, he or she may voluntarily do so and take the
vessel. The Coast Guard will not interfere with such action but will take no action that might
appear to favor one party or another to the labor dispute. If no registered pilot is expected to be
available within six hours, the procedures detailed in the discussion of the six hour rule, above,
should be followed.
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