Revision of Auxiliary Regulations, 27321-27335 [2013-10882]
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Federal Register / Vol. 78, No. 91 / Friday, May 10, 2013 / Proposed Rules
670BA–32–033, Revision B, dated June 26,
2012; and Goodrich Service Bulletin 49000–
32–46, Revision 2, dated November 11, 2011.
Do all applicable corrective actions before
further flight (i.e., replace retract actuator
bracket assembly and pins, or outer cylinder
lugs, as applicable).
(i) Installation of New Jam Nut
For any airplane with a MLG retraction
actuator assembly having any part number
and serial number identified in paragraph
1.A., Effectivity, of Bombardier Service
Bulletin 670BA–32–031, Revision C, dated
April 17, 2012, except airplanes on which
modification status ‘‘32–64’’ is marked on the
identification plate: Within 20,000 flight
hours or 10 years after the effective date of
this AD, whichever occurs first, install a new
jam nut having part number 49606–5, in
accordance with Part B of the
Accomplishment Instructions of Bombardier
Service Bulletin 670BA–32–031, Revision C,
dated April 17, 2012; and Goodrich Service
Bulletin 49600–32–64, Revision 3, dated
December 15, 2011.
(j) Credit for Previous Actions
(1) This paragraph provides credit for the
actions required by paragraphs (g) and (i) of
this AD, if those actions were performed
before the effective date of this AD using
Bombardier Service Bulletin 670BA–32–031,
dated March 14, 2011; Revision A, dated June
9, 2011; or Revision B, dated July 29, 2011;
which are not incorporated by reference in
this AD.
(2) This paragraph provides credit for the
actions required by paragraph (h) of this AD,
if those actions were performed before the
effective date of this AD using Bombardier
Service Bulletin 670BA–32–033, dated March
14, 2011; or Revision A, dated July 29, 2011;
which are not incorporated by reference in
this AD.
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(k) Parts Installation Limitations
(1) As of the effective date of this AD, no
person may install on any airplane a MLG
retraction actuator assembly having any part
number and serial number identified in
paragraph 1.A., Effectivity, of Bombardier
Service Bulletin 670BA–32–031, Revision C,
dated April 17, 2012, unless that retraction
actuator assembly has been inspected as
specified in paragraph (g) of this AD, and all
applicable corrective actions (i.e.,
replacement of the retract actuator) specified
in paragraph (g) of this AD have been done.
Repeat the inspection specified in paragraph
(g) of this AD thereafter at the intervals
specified in paragraph (g) of this AD.
(2) As of the effective date of this AD, no
person may install on any airplane a MLG
retraction actuator assembly having any part
number and serial number identified in
paragraph 1.A., Effectivity, of Bombardier
Service Bulletin 670BA–32–033, Revision B,
dated June 26, 2012, unless that retraction
actuator assembly has been inspected and all
applicable corrective actions have been done,
in accordance with the Accomplishment
Instructions of Bombardier Service Bulletin
670BA–32–033, Revision B, dated June 26,
2012.
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(l) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York Aircraft
Certification Office (ACO), ANE–170, FAA,
has the authority to approve AMOCs for this
AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal
inspector or local Flight Standards District
Office, as appropriate. If sending information
directly to the ACO, send it to ATTN:
Program Manager, Continuing Operational
Safety, FAA, New York ACO, 1600 Stewart
Avenue, Suite 410, Westbury, New York
11590; telephone 516–228–7300; fax 516–
794–5531. Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office. The AMOC
approval letter must specifically reference
this AD.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
(or their delegated agent). You are required
to assure the product is airworthy before it
is returned to service.
(m) Related Information
(1) Refer to mandatory continued
airworthiness information (MCAI) Canadian
Airworthiness Directive CF–2011–36R1,
dated October 3, 2012, and the service
bulletins specified in paragraphs (m)(1)(i)
through (m)(1)(v) of this AD, for related
information.
(i) Bombardier Service Bulletin 670BA–32–
031, Revision C, dated April 17, 2012.
(ii) Bombardier Service Bulletin 670BA–
32–033, Revision B, dated June 26, 2012.
(iii) Goodrich Service Bulletin 49000–32–
46, Revision 2, dated November 11, 2011.
(iv) Goodrich Service Bulletin 49600–32–
63, Revision 1, dated May 17, 2011.
(v) Goodrich Service Bulletin 49600–32–
64, Revision 3, dated December 15, 2011.
(2) For Bombardier service information
identified in this AD, contact Bombardier,
ˆ
Inc., 400 Cote-Vertu Road West, Dorval,
´
Quebec H4S 1Y9, Canada; telephone 514–
855–5000; fax 514–855–7401; email
thd.crj@aero.bombardier.com; Internet https://
www.bombardier.com. For Goodrich service
information identified in this AD, contact
Goodrich Corporation, Landing Gear, 1400
South Service Road, West Oakville L6L 5Y7,
Ontario, Canada; telephone 905–825–1568;
email jean.breed@goodrich.com; Internet
https://www.goodrich.com/TechPubs. You
may review copies of the referenced service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the
availability of this material at the FAA, call
425–227–1221.
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27321
Issued in Renton, Washington, on April 26,
2013.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2013–11067 Filed 5–9–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 5
[Docket No. USCG–1999–6712]
RIN 1625–AB66
Revision of Auxiliary Regulations
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
revise and reorganize the regulations
that govern the operation and
administration of the Coast Guard
Auxiliary, a uniformed, volunteer, nonmilitary organization chartered by
Congress. The proposed changes would
conform the regulatory language to
changes in the laws governing the Coast
Guard Auxiliary, clarify the Auxiliary’s
organization, status, and role in Coast
Guard operations, and update
provisions on liability protection for
Auxiliary members assigned to Coast
Guard duty.
DATES: Comments and related material
must either be submitted to our online
docket via https://www.regulations.gov
on or before August 8, 2013 or reach the
Docket Management facility by that
date.
SUMMARY:
You may submit comments
identified by docket number USCG–
1999–6712 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
ADDRESSES:
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below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call Mr. Stephen Minutolo, CG–
BSX–11, U.S. Coast Guard
Headquarters, 2100 2nd St. SW., Stop
7581, Washington, DC 20593–7581;
telephone 202 372–1267; email hqs-dgm-cgauxregs@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Barbara
Hairston, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Public Participation and Request for
Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
D. Public Meeting
II. Abbreviations
III. Background
IV. Discussion of Proposed Rule
V. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
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I. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided.
A. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–1999–6712),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online, or by fax, mail or hand
delivery, but please use only one of
these means. We recommend that you
include your name and a mailing
address, an email address, or a phone
number in the body of your document
so that the Coast Guard can contact you
if the Coast Guard has questions
regarding your submission.
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To submit your comments online, go
to https://www.regulations.gov. Insert
‘‘USCG–1999–6712’’ in the Search box
and click ‘‘Search.’’ Click on the
‘‘Comment Now’’ button next on the
line with this document.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit them by
mail and would like to know that they
reached the Facility, please enclose a
stamped, self-addressed postcard or
envelope.
We will consider all comments and
material received during the comment
period. The Coast Guard may change
this proposed rule in view of your
comments.
B. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, insert
‘‘USCG–1999–6712’’ in the Search box
and click ‘‘Search.’’ Click on the ‘‘Open
Docket Folder’’ link and click on each
comment or document you would like
to view. If you do not have access to the
Internet, you may view the docket by
visiting the Docket Management Facility
in Room W12–140 on the ground floor
of the Department of Transportation
West Building, 1200 New Jersey Avenue
SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. We
have an agreement with the Department
of Transportation to use the Docket
Management Facility.
C. Privacy Act
Anyone can search the electronic
form of all comments received into any
of our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
D. Public Meeting
We do not now plan to hold a public
meeting, but you may submit a request
for one to the docket using one of the
methods specified under ADDRESSES. In
your request, explain why you believe a
public meeting would be beneficial. If
we determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
II. Abbreviations
CFR
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DHS Department of Homeland Security
Pub. L. Public Law
§ Section symbol
SAMA Standard Auxiliary Maintenance
Allowance
U.S.C. United States Code
USCG United States Coast Guard
1996 Act The Coast Guard Authorization
Act of 1996
III. Background
This proposed rule would revise and
reorganize the regulations governing the
Coast Guard Auxiliary. The Coast Guard
Auxiliary regulations were last updated
in 2003 (68 FR 9534, Feb 28, 2003) and
1996 (61 FR 33662, June 28, 1996), but
these changes did not address all of the
legislative changes being addressed in
this proposed rule. Through this
proposed rule, the Coast Guard would
update the regulations in accordance
with recent legislation; clarify Auxiliary
powers, duties, and organization; amend
provisions regarding Auxiliary
membership; and address other
administrative matters. These changes
would address several problems
common to Auxiliary units.
First, this proposed rule is necessary
to conform Coast Guard regulations to
current law. The following changes to
the Auxiliary’s governing statutes,
codified at Title 14, Chapter 23 of the
U.S. Code (collectively referred to in
this document as ‘‘legislative changes’’)
are addressed by this rulemaking:
• The Coast Guard and Maritime
Transportation Act of 2012 (Pub. L.
112–213) section 215, extending
eligibility for Auxiliary membership to
nationals of the United States and aliens
lawfully admitted for permanent
residence.
• The Coast Guard and Maritime
Transportation Act of 2006 (Pub. L.
109–241) section 208, authorizing the
Auxiliary to use motor vehicles in
support of Auxiliary functions and
duties.
• The Coast Guard and Maritime
Transportation Act of 2004 (Pub. L.
108–293), section 226, allowing
personal property of the Auxiliary to be
treated as United States property for
liability purposes.
• The Maritime Transportation
Security Act of 2002 (Pub. L. 107–295),
section 415, authorizing payment of a
death gratuity to Auxiliary members
who died in the line of duty.
• The Coast Guard Authorization Act
of 1996 (Pub. L. 104–324) (‘‘The 1996
Act’’) authorizing the Auxiliary
organizational structure, extending civil
liability protection to Auxiliary units
and members, and authorizing the
Auxiliary to form a corporation. The
1996 Act also redefined the purpose of
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the Auxiliary, ‘‘to assist the Coast Guard
. . . in performing any Coast Guard
function. . . . ’’ The previous definition
enumerated specific missions
(promoting safety, effecting rescues,
promoting efficiency in the operation of
motorboats and yachts, and fostering
wider knowledge of boating laws), along
with a catch-all provision (‘‘facilitate
other operations of the Coast Guard.’’).
• The Coast Guard Authorization Act
of 1986 (Pub L. 99–640) authorized the
payment of interest on reimbursement
claims.
• In 2006, conforming amendments to
14 U.S.C. 821(b) and 823a(b) in The Act
to Complete the Codification of Title 46,
United States Code, ‘‘Shipping,’’ as
Positive Law (Pub. L. 109–304) made
non-substantive, editorial changes to 14
U.S.C. 821(b) and 823a(b).
Second, this proposed rule would
clarify the organization of the Auxiliary
and the authority given to Auxiliary
units and officers to conduct Auxiliary
business. This change is necessary to
help Auxiliary units interact with
commercial service providers, such as
banks and insurance companies, who
may be reluctant to enter into a business
relationship with an Auxiliary unit
without a better understanding of the
nature of the Auxiliary and its
relationship with the regular Coast
Guard.
Third, the proposed rule would
clarify for operational commanders the
Auxiliary’s ability to participate in
Coast Guard operations and to work
with other federal, state and local
agencies.
Finally, this proposed rule would
reorganize the Auxiliary regulations by
eliminating unnecessary sections and
organizing 33 CFR part 5 into five
subject-oriented subparts, making it
easier to find regulations about
particular topics.
Consistent with these objectives, the
Coast Guard proposes to revise and
reorganize the regulations at 33 CFR
part 5.
IV. Discussion of Proposed Rule
This discussion provides both a
summary and a section-by-section
analysis of proposed changes to
regulations in 33 CFR part 5. Generally,
existing sections are removed entirely,
revised, or moved to another section
(where they may be revised or combined
with other provisions). Added sections
are entirely new numbers and headings;
these sections do not exist in the current
33 CFR part 5. Removed sections exist
in the current 33 CFR part 5 but not in
27323
the proposed rule. Provisions that are
merely restatements of existing law will
be removed from the regulations.
Revised sections exist in the current 33
CFR part 5, but are being changed in the
proposed rule. Often some or all of the
contents of the section are exported to
another section; these are identified as
moved.
Tables 1A and 1B describe the
proposed distribution and deletion of
existing sections and the derivation of
proposed new sections.
Table 1A is a distribution table. Table
1A describes what will happen to each
section of the current regulations under
the proposed rule. For example, the
third row of Table 1A tells the reader
that, in the proposed rule, § 5.05 will be
moved to § 5.3(a) and how the text will
change.
Table 1B is a derivation table. Table
1B describes where the provisions of the
proposed regulations came from. For
example, the sixth row of Table 1B tells
the reader the language of § 5.10 came
from §§ 5.09, 5.13 and 5.15. If, for any
section there is no text in the second
column, that means the proposed text is
new and unrelated to the contents of the
existing section. To see where the
content of the existing section moved,
see Table 1A.
TABLE 1A—DISTRIBUTION TABLE
Proposed (new) section
Summary of proposed changes to existing section
§ 5.01 ......................
§ 5.1 .......................................................
Added definitions for ‘‘Auxiliary Act’’, ‘‘Direct law enforcement’’, ‘‘Personal property of the Auxiliary’’. Amended the definitions for ‘‘Facility or facilities’’,
‘‘Radio station’’, and ‘‘Secretary’’.
§ 5.03
§ 5.05
§ 5.07
§ 5.09
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Existing (old) section
......................
......................
......................
......................
Revised.
Moved to § 5.3(a) ...................................
§ 5.7 .......................................................
Moved to § 5.10 .....................................
§ 5.11
§ 5.13
§ 5.15
§ 5.17
§ 5.19
§ 5.21
§ 5.23
§ 5.25
§ 5.27
§ 5.29
§ 5.31
§ 5.33
§ 5.35
§ 5.37
§ 5.39
§ 5.41
......................
......................
......................
......................
......................
......................
......................
......................
......................
......................
......................
......................
......................
......................
......................
......................
Removed.
Removed.
Moved to § 5.10(b) .................................
Moved to § 5.19.
Moved to § 5.26(b) .................................
Moved to § 5.12.
Moved to § 5.13.
Moved to § 5.11.
Moved to § 5.22 .....................................
Removed.
Moved to § 5.20(a) .................................
Moved to § 5.26(a).
Moved to § 5.36 .....................................
Moved to § 5.36 .....................................
Moved to § 5.36(b).
Moved to §§ 5.32(c), 5.34(c) and
5.36(c).
Moved to § 5.30(b)(3) ............................
Moved to § 5.36(a).
Moved to § 5.42(b).
Moved to § 5.42(a).
Moved to § 5.41(a).
Moved to § 5.40(c)(2).
Moved to § 5.46(a).
Moved to § 5.30(c)(1) ............................
§ 5.43 ......................
§ 5.45 ......................
§ 5.47(a) ..................
§ 5.47(b) ..................
§ 5.47(c) ..................
§ 5.48(a) ..................
§ 5.48(b) ..................
§ 5.49 ......................
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Added ‘‘uniformed.’’
Revised. Added new provisions.
Revised. Eliminated minimum age requirement and 25 percent ownership requirement. Added eligibility for U.S. nationals and aliens lawfully admitted for
permanent residence.
Revised.
Revised.
Revised.
Revised.
Revised.
Revised.
Revised.
Revised.
Revised.
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TABLE 1A—DISTRIBUTION TABLE—Continued
Existing (old) section
§ 5.55
§ 5.57
§ 5.59
§ 5.61
§ 5.63
§ 5.65
§ 5.69
......................
......................
......................
......................
......................
......................
......................
Proposed (new) section
Moved to § 5.16(a).
Moved to § 5.16(b).
Moved to § 5.18(b) and (c) ....................
Moved to § 5.14.
Moved to § 5.14.
Removed.
Removed.
Summary of proposed changes to existing section
Revised.
TABLE 1B—DERIVATION TABLE
Proposed (new)
section
Existing (old) section
Proposed change
§ 5.1 ........................
§ 5.01 .....................................................
§ 5.3 ........................
§ 5.5 ........................
§ 5.7 ........................
§ 5.9 ........................
§ 5.10 ......................
Paragraph (a) imported from § 5.05 ......
§ 5.05 .....................................................
§ 5.07 .....................................................
................................................................
Imported language from §§ 5.09, 5.13,
and 5.15.
Imported language from § 5.25.
Imported language from § 5.21 .............
Imported language from § 5.23.
Imported language from §§ 5.61 and
5.63.
................................................................
Imported language from §§ 5.55 and
5.57.
................................................................
Paragraphs (b) and (c) imported language from § 5.59.
Imported language from § 5.17.
Imported and amended language from
§ 5.31.
Imported language from §§ 5.27 and
5.29.
................................................................
Paragraph (a) imported from § 5.33.
Paragraph (b) imported from § 5.19.
Imported language from § 5.43 .............
Imported and amended language from
§ 5.41.
Imported language from § 5.41 .............
Imported and amended provisions from
§§ 5.35, 5.37, 5.39, 5.41, and 5.45.
Paragraph (c)(2) imported from §§ 5.47
and 5.48.
................................................................
Imported language from 5.47(a) and (b)
................................................................
................................................................
................................................................
Imported language from § 5.48 .............
................................................................
................................................................
Added definitions for ‘‘Auxiliary Act’’, ‘‘Direct law enforcement’’, ‘‘Personal property of the Auxiliary’’. Amended the definitions for ‘‘Facility or facilities’’,
‘‘Radio station’’ and ‘‘Secretary’’.
Added new provisions.
Added new provisions.
Added new provisions.
Added new provisions.
New section.
§ 5.11
§ 5.12
§ 5.13
§ 5.14
......................
......................
......................
......................
§ 5.15 ......................
§ 5.16 ......................
§ 5.17 ......................
§ 5.18 ......................
§ 5.19 ......................
§ 5.20 ......................
§ 5.22 ......................
§ 5.24 ......................
§ 5.26 ......................
§ 5.30 ......................
§ 5.32 ......................
§ 5.34 ......................
§ 5.36 ......................
§ 5.40 ......................
§ 5.41
§ 5.42
§ 5.43
§ 5.44
§ 5.45
§ 5.46
§ 5.47
§ 5.48
......................
......................
......................
......................
......................
......................
......................
......................
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Subpart A—General
§ 5.1—Definitions: We propose to
revise this section to update several
definitions.
The definition of ‘‘Act,’’ which
currently includes only ‘‘the Coast
Guard Auxiliary and Reserve Act of
1941, as amended and recodified by
[the] Act of August 4, 1949’’ would be
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New section.
New section.
Reserved for future use.
New section.
Added new provisions.
New section. Added new provisions.
New section.
New section.
New section. Added new provisions.
New section.
New section.
New section.
New section.
New section.
New section. Added new provisions.
Added new provisions.
New section.
Added new provisions.
New section. New provisions.
Added new provisions.
New section.
Added new provisions.
Added new provisions.
deleted and replaced by a new
definition, ‘‘Auxiliary Act’’, which
includes the provisions of the U.S. Code
dealing most directly with the Auxiliary
(14 U.S.C. 821–894), including the
legislative changes set out in section III,
Background.
The definition of ‘‘facility’’ would be
amended to add motorized vehicles,
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trailers, and other equipment accepted
for use by the Coast Guard.
The definition of ‘‘radio station’’
would be amended to clarify that it
includes any equipment used for radio
communications or direction finding as
well as a building or vehicle housing
such equipment.
The definition of ‘‘Secretary’’ would
be amended to reflect the nature of the
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Coast Guard’s service. Most of the time,
the Coast Guard is a part of the
Department of Homeland Security and
the Coast Guard’s Secretary is the
Secretary of DHS. In time of war, the
Coast Guard may be transferred to the
Department of the Navy, and the Coast
Guard’s Secretary is the Secretary of the
Navy. The proposed language is
standard language for Coast Guard
regulations in which the term Secretary
is defined.
The proposed definitions section
would also include a definition of
‘‘direct law enforcement.’’ Direct law
enforcement is described in Chapter 4.E.
of the Auxiliary Operations Policy
Manual, COMDTINST 16798.3E (series),
and is used in other Auxiliary
publications and section 5.20(b) of the
proposed rule.
Finally, we propose to define a new
term, ‘‘Personal property of the
Auxiliary,’’ to cover motor boats, yachts,
aircraft, radio stations, motorized
vehicles, trailers, or other equipment
owned by or under the administrative
jurisdiction of the Auxiliary and used
solely for Auxiliary purposes, as
provided by section 226 of the Coast
Guard and Maritime Transportation Act
of 2004 (Pub. L. 108–293, codified at 14
U.S.C. 821(d)(2)).
§ 5.3—Purpose: We propose to clarify
the purpose of the Auxiliary to conform
to current statutory language. The new
language is broader than the existing
regulation, in keeping with the current
language of 14 U.S.C. 822.
Proposed paragraphs (a) and (b) of
this section review basic information
about the Auxiliary. Paragraph (c) of
this section would specify that
Auxiliary units may act as caretakers,
docents, or tour guides for Coast Guard
and other Federal- or State-owned
property, a customary role which many
Coast Guard units may not be aware is
an authorized mission of the Auxiliary.
Paragraph (d) of this section would be
a new provision supporting the
Commandant’s commitment to
strengthening partnerships with other
Federal, State and local agencies.
§ 5.5—Organization, officers, and
leadership: We propose to revise this
section to explain the organization and
composition of the Auxiliary. Because
of the Auxiliary’s unique nature as a
Congressionally-chartered volunteer
organization, its units are sometimes not
recognized as distinct from the Coast
Guard. This explanation would also
assist Auxiliary units in their dealings
with commercial institutions (e.g. banks
and insurance companies).
§ 5.7—Administration, specific
authorizations: This section would
address the Commandant’s ability to
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delegate authority, and provide
examples of specific actions that the
Commandant has delegated to the
Auxiliary. It would also clarify that the
Auxiliary national board and Auxiliary
districts or regions may incorporate
under State law and pursuant to Coast
Guard policy, and establish basic
functions of the Auxiliary’s national
corporation.
§ 5.9—References: We propose to
move the contents of existing § 5.09 to
new § 5.10. We propose to add a new
section § 5.9 to establish various Coast
Guard directives and publications as
appropriate references for the Coast
Guard and the public. Those directives
and publications can be found online at
https://www.uscg.mil/auxiliary/
publications/comdtinst/.
Subpart B—Membership
This proposed new subpart would
contain regulations relating to members
and membership eligibility, discipline
and compensation.
§ 5.10—Eligibility for membership:
We propose to add this section to
consolidate and revise existing §§ 5.09,
5.11, 5.13, and 5.15.
Paragraph (a) would identify the basic
eligibility criteria for Auxiliary
membership and eliminate the
minimum age requirement and the 25percent ownership requirement in § 5.09
of the current regulations. This
paragraph also incorporates the 2012
legislative change that authorizes
eligibility for Auxiliary membership to
include nationals of the United States 1
and aliens lawfully admitted for
permanent residence. The minimum age
is not set by statute.
Current Auxiliary policy does not
require any portion of ownership in any
vessel or other equipment as a precondition for membership. The 25percent ownership requirement in the
current regulations was founded on an
ownership requirement in the Act of
Aug 4, 1949 (63 Stat. 555) which
required that members either have an
ownership interest in a motorboat,
yacht, aircraft, or radio station, or
possess special training or experience
which qualifies them for duty. Current
Auxiliary policy and practice is to
consider all prospective members under
the ‘‘special training or experience’’
provision, including applicants who are
willing to undergo training in order to
qualify. Although owners of vessels or
other equipment would still be eligible
1 ‘‘Nationals of the United States’’ includes all
U.S. citizens as well as individuals who, though not
citizens, owe permanent allegiance to the United
States. 8 U.S.C. 1101(a) (22). Non-citizen nationals
currently are primarily American Samoans and
Swain Islanders.
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27325
for membership, removing the
ownership requirement from the CFR
will emphasize the importance of
training and experience for prospective
auxiliary members and reduce the
chance of a prospective member
mistakenly believing that not being a
vessel owner precludes him or her from
membership.
Paragraph (b) incorporates the
provisions of the current § 5.15—
Admission for membership, without
substantive change.
§ 5.11—Honorary members:
Provisions of the existing § 5.11,
‘‘Membership in military
organizations’’, would be removed, as
they are unnecessarily duplicative of
law (14 U.S.C. 825) and policy. We
propose to revise this section to
incorporate existing § 5.25 ‘‘Honorary
members.’’
§ 5.12—Ranks, titles, designations, or
grades: This new section contains
language, without substantive change,
from existing § 5.21.
§ 5.13—Advancement: Provisions of
existing § 5.13 would be moved to
§ 5.10. Proposed § 5.13 states that the
Commandant will prescribe policy on
advancement, which will be described
in Auxiliary policy manuals. This
language was moved with minor edits
from § 5.23.
§ 5.14—Uniforms and insignia: We
propose to add this section to
incorporate provisions of existing
§§ 5.61 and 5.63.
§ 5.15: We propose to remove and
reserve this section. The provisions of
existing § 5.15 would be consolidated in
§ 5.10.
§ 5.16—Compensation and travel
expenses: This section would specify
that Auxiliarists are not authorized to
receive compensation for their services,
but may be paid actual necessary travel
expenses. This section combines
existing §§ 5.55 and 5.57.
§ 5.17—Status of members as Federal
employees: Provisions of existing § 5.17
would be moved to § 5.19. We propose
to add new language in this section to
clarify that Auxiliarists are not
considered Federal employees, except
as provided by 14 U.S.C. 823a.
§ 5.18—Injury or death in the line of
duty: We propose to add this section to
clarify the compensation an Auxiliarist
is entitled to receive if injured or killed
in the performance of duty; codify Coast
Guard policy on what is ‘‘performance
of duty’’ in the context of Auxiliary
activity, describe Auxiliarists’ access to
medical and dental care; and summarize
compensation provisions for the
beneficiaries of Auxiliarists who are
injured or die in the performance of
duty.
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Paragraph (a) of this section would
codify Coast Guard policy and practice
relating to the definition of
‘‘performance of duty’’ in the context of
Auxiliary activity. The Coast Guard
compensates members for injuries
sustained in the performance of duty
under 14 U.S.C. 707 and 832 and the
Federal Employees Compensation Act, 5
U.S.C. 8101 et seq. Existing Coast Guard
policy extends this coverage to include
travel to and from the Auxiliarists’
permanent residence to a place of duty
(see paragraph 7.O.2.c. of the
Administrative Investigation Manual
COMDTINST M5830.1). This proposed
rule would codify the Coast Guard’s
practice of including stops en route and
incidental to duty, and travel between
duty locations, as ‘‘performance of
duty.’’
Paragraphs (b) and (c) of this section
would specify Auxiliarists’ entitlement
to hospitalization, medical care, and
compensation for injury or death in the
performance of duty. Paragraphs (b) and
(c) of this section were imported from
existing § 5.59. These entitlements are
taken from three different statutory
provisions:
• 14 U.S.C. 832 provides that
Auxiliarists are entitled to
hospitalization and medical care as if
they were members of the Temporary
Reserve.
• 14 U.S.C. 707 provides that
temporary members of the reserve who
are injured or die while performing
active duty will be compensated as if
they were civilian employees with basic
pay equivalent to grade GS–9.
• The note to 5 U.S.C. 8133 provides
additional compensation eligibility for
civilian employees killed in the
performance of duty.
§ 5.19—Disenrollment: The
provisions of existing § 5.19 would be
incorporated into new § 5.28. We
propose to revise this section to
incorporate provisions from existing
§ 5.17 without substantive change.
Subpart C—Activities, Operations and
Training
§ 5.20—Authority: We propose to add
this section to clarify the limits on
Auxiliarists’ authority in the
performance of their duties. Paragraph
(a) would incorporate the provisions of
existing § 5.31. Paragraph (b) would
state the prohibition on Auxiliarists
engaging in direct law enforcement or
military operations. Paragraph (c) would
clarify that Auxiliarists’ authority in
supporting enforcement of limited
access areas, regulated navigation areas,
and special local regulations is limited
to advising the public of such
restrictions.
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§ 5.21: We propose to move this
section to § 5.12.
§ 5.22—Assignment to duties: We
propose to consolidate the provisions of
existing §§ 5.27 and 5.29 regarding
assignment to duty in this section.
§ 5.23: We propose to remove this
section, as its provisions would be
consolidated in new § 5.13.
§ 5.24—Procedure for assignment to
duty: We propose to add this section to
include information about procedures
for assignment to duty of Auxiliarists
and their facilities.
§ 5.25: We propose to remove this
section, as its provisions would be
consolidated in new § 5.11.
§ 5.27: We propose to remove this
section, as its provisions would be
consolidated in new § 5.22.
§ 5.26—Training, examination, and
assignment: We propose to consolidate
existing §§ 5.19 and 5.33 into this new
section to explain that the Commandant
will set the training, qualification and
examination requirements for
Auxiliarists and may authorize
Auxiliarists to take correspondence and
distance-learning courses from Coast
Guard providers.
§ 5.29: We propose to consolidate this
section into new § 5.22.
Subpart D—Facilities and Equipment
Subpart D would contain the
regulations dealing with vessels,
aircraft, radio stations, motor vehicles,
or other equipment used by the
Auxiliary, the treatment of such
facilities as United States property, and
the procedures for transferring
administrative jurisdiction of such
property to and from the Auxiliary.
§ 5.30—Facilities and other
equipment: We propose to add this
section to codify Coast Guard policy
regarding duty status, liability
protection, and status as a public vessel
of facilities and other equipment used
by the Auxiliary, and to revise
provisions for reimbursement of facility
operating expenses.
Paragraph (b)(1) ‘‘Duty status’’ would
clarify that personal property of the
Auxiliary (typically unit-owned
property) is considered assigned to
authorized Coast Guard duty at all
times. This is consistent with Coast
Guard policy, established by paragraph
D.2. of ALCOAST 600/05, ‘‘Changes to
Auxiliary Administrative Policies.’’
Paragraph (b)(2) would clarify the
scope of liability protection for personal
property of the Auxiliary. The
Commandant has directed that personal
property of the Auxiliary be treated as
property of the United States for the
purposes of the Federal Tort Claims Act,
the Military Claims Act, the Public
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Vessels Act, the Suits in Admiralty Act,
the Admiralty Extension Act, and other
matters related to non-contractual civil
liability, in accordance with provisions
of 14 U.S.C. 821(d)(2), as amended by
the Coast Guard and Maritime
Transportation Act of 2004 (Pub L. 108–
293).
Paragraph (b)(3), ‘‘Public vessels,’’
will clarify that facilities loaned or
given to the Auxiliary by the Coast
Guard or other Federal agencies retain
their public status.
Paragraph (c), ‘‘Expenses,’’ codifies
Coast Guard policy for reimbursement
of expenses incurred by Auxiliarists for
the use, operation, maintenance,
damage, or loss of their facilities.
§ 5.31: We propose to consolidate this
section into new § 5.20.
§ 5.32—Offer of member-owned
vessels, aircraft, radio stations,
motorized vehicles, trailers, and other
equipment for use as a facility: We
propose to add this section to update
the terms of existing § 5.37. This
proposed section would apply when
Auxiliary members want to offer
member-owned vessels, aircraft, radio
stations, motorized vehicles, trailers,
and other equipment for use as a
facility. Specific procedures for these
offers are in the Auxiliary Policy
Manual.
§ 5.34—Offers of personal property of
the Auxiliary as a facility: We propose
to add this section to describe Coast
Guard policy for personal property of
the Auxiliary to be accepted as a
facility. This proposed section would
apply when an Auxiliary unit has
ownership or administrative jurisdiction
over a vessel, aircraft, radio station,
motorized vehicle, trailer, or other
equipment and wants to offer it for use
as a facility. Specific procedures for
these offers are in the Auxiliary Policy
Manual.
§ 5.37 Offer of facilities: We propose
to remove this section as its provisions
would be consolidated in new § 5.32.
§ 5.35: We propose to remove this
section because it restates language
contained in 14 U.S.C. 826.
§ 5.36—Loan of vessels, aircraft, radio
stations, motorized vehicles, trailers, or
other equipment to the Coast Guard:
This section would apply when a
person wants to loan a vessel, aircraft,
radio station, motorized vehicle, trailer,
or other equipment to the Coast Guard
for Coast Guard use. This section would
consolidate and update provisions of
existing §§ 5.35, 5.37, 5.39, 5.41, and
5.45 and would add motorized vehicles,
trailers, and other equipment owned by
members or Auxiliary units to the list of
property which may be loaned to the
Coast Guard. In addition, this section
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would specify procedures for the return
of facilities at the expiration of the loan
period, clarify that facilities will not be
considered loaned until accepted by a
person authorized by the Commandant,
and provide for waiver of loan
procedures in an emergency.
§ 5.39—Acceptance of facilities: We
propose to remove this section.
Provisions of the existing § 5.39 would
be consolidated in new § 5.30.
Subpart E—Auxiliary Markings
This new subpart will describe the
distinctive marks, decals and ensigns
(flags) the public is likely to see on
Auxiliary facilities. Sections of the
current 33 CFR part 5 will be moved
into this subpart. The proposed
regulations would not change the design
or display of any marks, decals, or
ensigns. Marks which were previously
described only in the Auxiliary Manual
COMDTINST M16790.1 (series) or the
Coast Guard Heraldry Manual
COMDTINST M5200.18A would be
described here, which would help the
public more easily identify Auxiliary
facilities.
Auxiliary markings distinguish
Auxiliary boats, aircraft, and other
equipment. Ensigns are flags flown by or
at an asset (e.g., flown on a flag staff at
a building) to signify that the asset is
associated with the Auxiliary or Coast
Guard. Decals are markings adhesively
applied to the asset to denote its status
as an Auxiliary facility that has been
accepted for use by the Coast Guard.
Patrol signs are placards, normally
removable and of a proportionate size
for the vessel on which they are
displayed, which indicate to nearby
vessels that the vessel is engaged in
Auxiliary activities. The Auxiliary mark
is a permanent marking signifying that
the asset belongs to the Auxiliary in
terms of custody, ownership, or as
personal property.
§ 5.40—Distinctive markings for
vessels, aircraft, motorized vehicles,
trailers, radio stations, and other
equipment: This section incorporates
provisions of the current §§ 5.47 and
5.48. We propose to add this section on
facility markings to clarify for both
Auxiliarists and the public the
identification of Auxiliary vessels,
aircraft, motorized vehicles, trailers,
radio stations, and other equipment, and
advise the public of the penalties for
unauthorized display of Auxiliary
markings.
§ 5.41—Auxiliary emblem: We
propose to revise this section.
Provisions of the existing § 5.41 would
be distributed to §§ 5.32(c), 5.34(c), and
5.36(c). The proposed section would
incorporate provisions of existing
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§ 5.47(c) describing the Auxiliary
emblem and explain the use of the
emblem as identification.
§ 5.42—Auxiliary ensign: The
provisions of this proposed new section
would be imported from existing § 5.47
and would describe the Auxiliary
ensign and its display.
§ 5.43—Auxiliary mark: We propose
to revise this section. Provisions of the
existing § 5.43 would be moved to
§ 5.30(b)(3) or removed. The proposed
revised section would describe the
Auxiliary mark and its display.
§ 5.44—Auxiliary facility decal: We
propose to add this section to describe
the Auxiliary facility decal and its
display.
§ 5.45—Patrol signs: We propose to
revise this section. The provisions of the
current section would move to § 5.36(a).
The revised section would describe the
Auxiliary patrol sign and its display.
§ 5.46—Auxiliary patrol boat ensign:
This proposed new section would
describe the Auxiliary patrol boat
ensign and its display. These provisions
would be imported from the current
§ 5.48.
§ 5.47—Coast Guard ensign: We
propose to revise this section.
Provisions of the existing § 5.47 would
be moved to § 5.46. The revised section
would describe the correct display of
the Coast Guard ensign and crossreference to the official description of
the Coast Guard ensign at 33 CFR 23.15.
§ 5.48—Auxiliary patrol boat ensign:
We propose to revise this section.
Provisions of the existing § 5.48 would
be moved to § 5.46. The revised section
would describe markings that may be
displayed on Auxiliary aircraft.
§ 5.49—Reimbursement for expenses:
We propose to remove this section; its
provisions would be moved to § 5.30(c).
§ 5.55: We propose to remove this
section; its provisions would be
consolidated in § 5.16.
§ 5.57: We propose to remove this
section; its provisions would be
consolidated in § 5.16.
§ 5.59: We propose to remove this
section because its provisions would be
consolidated in § 5.18.
§ 5.61: We propose to remove this
section because its provisions would be
consolidated in § 5.14.
§ 5.63: We propose to remove this
section because its provisions would be
consolidated in § 5.14.
§ 5.65: We propose to remove this
section because its provisions (dealing
with the eligibility of Auxiliary
members for Coast Guard medals and
awards) are more appropriately covered
in the primary Auxiliary policy
reference, the Coast Guard Auxiliary
Manual (COMDTINST M16790.1
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(series)). Medals and awards are a
matter of agency management and
agency personnel, and therefore exempt
from the Administrative Procedure Act
(5 U.S.C. 553(a)(2)).
§ 5.69: We propose to remove this
section because it restates, verbatim,
language contained in 14 U.S.C. 893.
V. Regulatory Analysis
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 14 of these statutes or
executive orders.
A. Regulatory Planning and Review
Executive Orders 12866 (‘‘Regulatory
Planning and Review’’) and 13563
(‘‘Improving Regulation and Regulatory
Review’’) direct agencies to assess the
costs and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. The Coast
Guard has determined that this NPRM is
not a ‘‘significant regulatory action’’
under section 3(f) of Executive Order
12866. Accordingly, the NPRM has not
been reviewed by the Office of
Management and Budget. A draft
regulatory assessment follows.
The proposed rule would conform
regulatory language to statutes, codify
many existing practices, clarify
procedures, increase procedural
flexibility for Coast Guard and
Auxiliarists, increase overall efficiency
in the process, and re-organize content
to improve clarity. There are no costs to
either the federal government or the
private sector associated with these
proposed changes. This notice of
proposed rulemaking applies to
members and prospective members of
the Coast Guard Auxiliary and people
and companies that interact with the
Auxiliary. The Auxiliary is a
Congressionally-chartered component of
the Coast Guard made up of civilian
volunteers. Auxiliary units (‘‘flotillas’’)
are neither corporations nor charities
and often encounter administrative
trouble with banks, insurance
companies, and businesses. This
rulemaking would clarify for the public
the nature, organization, and purpose of
the Auxiliary, and conform the
regulatory language to the Auxiliary
statutes, as amended by legislative
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changes. Many of these changes are
already reflected in Coast Guard policies
and manuals. For example, the financial
aspects of these regulations, such as
reimbursement of expenses, including
the Standard Auxiliary Maintenance
Allowance (SAMA), incorporate already
existing practices and authorities, as
detailed in Auxiliary Manual
COMDTINST M16790.1 (series), chapter
9 and Auxiliary Operations Policy
Manual COMDTINST M16798.3 (series),
chapter 3 and section B–2.
These proposed changes would
update our regulations to capture our
current practices regarding
reimbursement of Auxiliary facility
expenses and maintenance costs. The
payment of death gratuities to the
representatives of Auxiliarists who die
in the performance of duty while
assigned to duty is currently funded
pursuant to legislative authorization and
supported by Commandant policy
(COMDTINST 12550.21A, CG Death
Gratuity Payment), enabling Auxiliarists
to be regarded equally as Coast Guard
employees for the purpose of death
gratuity payments.
The primary benefit of this proposed
rule would be to conform regulatory
language to the legislative changes
described in section III, Background.
This would result in increased
efficiencies in Auxiliary interactions
with the Coast Guard and with the
public, including Auxiliarists’
interaction with banks and insurance
agents. Banks help provide
reimbursement (via direct deposit) for
operations and other missions requiring
Auxiliarists to incur an initial expense
from their personal funds. Insurance
agents’ relationships are also important,
as Auxiliarists may be reimbursed for
damages to their vessels when those
vessels are engaged in waterborne or
airborne operational patrols.
We have classified the proposed
changes into categories, as listed in
Table 2. There are no costs associated
with the changes.
TABLE 2—33 CFR PART 5 CATEGORIES AND DISCUSSION OF PROPOSED CHANGES
Category of change
Cost impact
Discussion of proposed changes
§ 5.1 ........
Revise section .........
None—Administrative revisions made consistent with statutory changes.
§ 5.3 ........
Revise section .........
§ 5.5 ........
Revise and expand
section.
Revise section .........
Revise section .........
None—Administrative revisions made consistent with statutory changes.
None—Clarification of existing law ............
§ 5.7 ........
§ 5.9 ........
§ 5.10 ......
Add section ..............
None—Removes Barrier to Entry ..............
§ 5.11 ......
Revise section .........
None—Reorganization ..............................
§ 5.12 ......
§ 5.13 ......
Add section ..............
Revise section .........
None—Reorganization ..............................
None—Reorganization ..............................
§ 5.14 ......
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Proposed
section
Add section ..............
None—Reorganization ..............................
§ 5.15 ......
§ 5.16 ......
Reserved .................
Add section ..............
None—Reorganization and Clarification ...
None—Reorganization ..............................
§ 5.17 ......
Revise section .........
None—Reorganization and Clarification of
Current Practice consistent with statute.
Revises the definition of ‘‘Act’’ to ‘‘Auxiliary Act’’ and to include
recent statutory amendments, including Coast Guard Authorization Act of 1996 amendments, the 2002 amendment contained in the Maritime Transportation Security Act of 2002
(Pub. L. 107–295), the 2004 amendment contained in the
Coast Guard and Maritime Transportation Security Act of
2004 (Pub. L. 108–293), the 2006 amendments contained in
the Coast Guard and Maritime Security Act of 2006 (Pub. L.
109–241) and the 2012 amendments contained the Coast
Guard and Maritime Transportation Act of 2012 (Pub. L.
112–213). Added definitions for ‘‘Personal property of the
Auxiliary’’ and ‘‘Direct law enforcement’’. Amended definition
for ‘‘Facility or facilities’’, ‘‘radio station’’ and ‘‘Secretary’’.
Discusses Auxiliary purpose and scope of activities to conform
to language in 14 U.S.C. 822, as amended in 1996.
Added to clarify non-military nature of Auxiliary and composition of elected and appointed officers.
Defines the nature and authority of Auxiliary.
Existing contents covered in new section § 5.10. New content
establishes various Coast Guard directives and publications
as appropriate references. Provides details of Auxiliary activities through Source 1: Auxiliary Manual COMDTINST
M16790.1 (series) and Source 2: Auxiliary Operations Policy
Manual COMDTINST M16798.3 (series).
New content moved from 5.09 and revised. Eliminates minimum age and ownership requirements to remove unnecessary barriers to entry into Auxiliary. Reflects recent legislative
change that authorizes eligibility for Auxiliary members to include United States nationals and aliens lawfully admitted for
permanent residence.
Existing content removed as redundant of 14 U.S.C. 825; new
content moved with minor edits from § 5.25.
New content moved with minor edits from § 5.21.
Existing content covered by § 5.10 and published in the Auxiliary manual COMDT INSTM16790.1 (series), Chapter 3A.
New content moved with minor edits from § 5.23.
New content moved from § 5.61— Uniforms and § 5.63—Insignia and combined. See Source 1 for additional background.
Existing content moved to § 5.10 and revised for clarity.
New content moved from § 5.55—Compensation and § 5.57—
Traveling expenses and per diem and combined with minor
edit.
Existing content moved to § 5.19. New content added to clarify
the status of Auxiliarists as Federal employees only as provided for by 14 U.S.C. 823a.
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None ..........................................................
None—Reorganization and revision to reflect current practice.
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TABLE 2—33 CFR PART 5 CATEGORIES AND DISCUSSION OF PROPOSED CHANGES—Continued
Proposed
section
Category of change
Cost impact
Discussion of proposed changes
§ 5.18 ......
Add section ..............
None—Clarification of Current Practice ....
§ 5.19 ......
Revise section .........
None—Reorganization ..............................
§ 5.20 ......
Add section ..............
None—Reorganization, revisions to reflect
current practice.
§ 5.22 ......
Remove § 5.21 ........
Add section ..............
None—Reorganization ..............................
None—Reorganization ..............................
§ 5.24 ......
Remove § 5.23 ........
Add section ..............
None—Reorganization ..............................
None—Current practice .............................
§ 5.26 ......
Remove § 5.25 ........
Add section ..............
None—Reorganization ..............................
None—Reorganization ..............................
§ 5.30 ......
Remove § 5.27 ........
Remove § 5.29 ........
Add section ..............
None—Reorganization ..............................
None—Reorganization ..............................
None—Reorganization ..............................
§ 5.34 ......
Remove § 5.31 ........
Add section ..............
Remove § 5.33 ........
Add section ..............
None—Reorganization ..............................
None—Reorganization ..............................
None—Reorganization ..............................
None—Clarification of current practice
consistent with statute.
§ 5.36 ......
Remove § 5.35 ........
Add section ..............
None—Reorganization ..............................
None—Clarification of current practice ......
§ 5.40 ......
Remove § 5.37 ........
Remove § 5.39 ........
Add section ..............
None—Reorganization ..............................
None—Reorganization ..............................
None—Clarification of current practice ......
§ 5.41 ......
Revise section .........
None—Clarification of current practice .....
§ 5.42 ......
Add section ..............
None—Clarification of current practice ......
§ 5.43 ......
Revise section .........
None—Current practice .............................
§ 5.44 ......
Add section ..............
None—Clarification of current practice ......
§ 5.45 ......
Revise section .........
None—Reorganization and clarification of
current practice.
§ 5.46 ......
Add section ..............
None—Clarification of current practice ......
Added to clarify the benefits paid in case of injury or death
while assigned to duty. In general, these benefits are currently covered in AFC–08 account for civilian pay. Procedures already in place. See Source One, Chapter 5 Section
K: Claims, Injury, or Death while Assigned to Duty and K.6.:
Death of an Auxiliarist while Assigned to Duty. No net cost to
the Coast Guard or Auxiliary.
Existing content moved to § 5.26(b); new content moved from
current § 5.17.
Moved from § 5.31. The Coast Guard would amend this section
to remove the word ‘‘specific’’. It would also implement current policy on exclusion from law enforcement power and authority of Auxiliarists and recognition that status and authority
of Auxiliarists in various duty assignments may be limited beyond that of their regular Coast Guard counterparts.
Moved to § 5.12.
Existing content moved to § 5.12. New content moved from
§§ 5.27 and 5.29 with minimal edits.
Moved to § 5.13.
Added to include information about procedures for assignment
to duty of Auxiliarists and their facilities. This section would
codify the language in the Auxiliary Manual, based on the
1996 Act.
Moved to § 5.11.
New content moved from § 5.33. Added minor edited item from
§ 5.19.
Moved to § 5.22.
Moved to § 5.22.
New section with clarification of facilities’ duty status.
Clarification of facilities’ liability status, in accordance with 14
U.S.C. 821(d)(2).
New section to clarify expense reimbursement using concepts
from current § 5.49.
Moved to § 5.20.
Incorporates provisions of § 5.41.
Moved to § 5.26.
This section would be added to address offers of use personal
property of the Auxiliary, pursuant to 14 U.S.C. 821. Incorporates provisions of § 5.41.
Incorporated into § 5.36.
New provision on how member-owned or unit-owned property
can be loaned to the Coast Guard (no Auxiliarists onboard).
Incorporates provisions from current §§ 5.35, 5.37, 5.39,
5.41, and 5.45.
Incorporated into § 5.36.
Moved without change to § 5.36(b).
Added this new section on facility markings to ensure clarity for
both the Auxiliary and public regarding the identification of
Auxiliary vessels, aircraft, motorized vehicles, trailers, radio
stations, and other equipment when assigned to Coast
Guard duty.
Concept of existing section moved to §§ 5.32(c), 5.34(c), and
5.36(c). Added language to describe the Auxiliary emblem
and discuss when it can be worn and used. Paragraph (b)
moved from section § 5.47(c).
Content moved from 5.47. Prescribes the use of the Auxiliary
ensign in accordance with Auxiliary policy.
Existing content moved to § 5.30. New content would codify the
description of the Auxiliary mark from the Auxiliary Manual.
Added to prescribe the use of the Auxiliary facility decal as a
distinctive marking for vessels, aircraft, and radio stations
that have been offered, inspected, and accepted for Coast
Guard use.
Concept of existing section moved to § 5.36(a). Added new
content to describe the use of Auxiliary patrol signs as distinctive markings for vessels, motorized vehicles, and trailers
when assigned to duty.
Added to address the proper use of the Auxiliary patrol boat
ensign. Moved part of § 5.48 to this location.
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§ 5.32 ......
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TABLE 2—33 CFR PART 5 CATEGORIES AND DISCUSSION OF PROPOSED CHANGES—Continued
Proposed
section
Category of change
Cost impact
Discussion of proposed changes
§ 5.47 ......
Revise section .........
None—Reorganization and Current practice.
§ 5.48 ......
Revise section .........
None—Reorganization and clarification of
current practice.
Remove
Remove
Remove
Remove
Remove
Remove
Remove
........
........
........
........
........
........
........
None—Reorganization ..............................
None—Reorganization ..............................
None—Reorganization ..............................
None—Reorganization ..............................
None—Reorganization ..............................
None—Reorganization ..............................
None—Current Practice ............................
Remove § 5.69 ........
None—Duplicative .....................................
Existing content moved to §§ 5.40, 5.41, and 5.42. New content
would codify the display of the Coast Guard ensign as described in Auxiliary policy.
Existing content moved to §§ 5.40 and 5.46. New content
added to address the additional markings of Auxiliary aircraft.
Would reflect the allowance for Auxiliary aircraft to display
the Auxiliary facility decal.
Concept moved to § 5.30.
Moved to § 5.16.
Moved to § 5.16.
Moved to § 5.18 (b) and (c) and revised.
Moved to § 5.14.
Moved to § 5.14.
Internal policy in Auxiliary Manual COMDTINST M16790.1 (series) Chapter 11, and in Coast Guard Medals and Awards
Manual, COMDTINST M1650.25. See also 14 U.S.C. 502.
Duplicative of 14 U.S.C. 893.
§ 5.49
§ 5.55
§ 5.57
§ 5.59
§ 5.61
§ 5.63
§ 5.65
Source 1 Auxiliary Manual COMDTINST M16790.1 (series).
Source 2 Auxiliary Operations Policy Manual COMDTINST M16798.3 (series).
B. Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed rule would have
a significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
This rule imposes no direct costs;
consequently, there are no impacts on
small entities to consider.
Therefore, the Coast Guard certifies
under 5 U.S.C. 605(b) that this proposed
rule will not have a significant
economic impact on a substantial
number of small entities.
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C. Assistance for Small Entities
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment to the Docket
Management Facility at the address
under ADDRESSES. In your comment,
explain why you think your business or
organization qualifies, how and to what
degree this rule would economically
affect it.
D. Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
E. Federalism
A rule has implications for federalism
under Executive Order 13132,
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Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under E.O.
13132 and have determined that it does
not have implications for federalism
under that Order.
F. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their regulatory actions. In particular,
the Act addresses actions that may
result in the expenditure by a State,
local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
G. Taking of Private Property
This proposed rule would not cause a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
H. Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
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I. Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that may disproportionately affect
children.
J. Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
K. Energy Effects
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
regulatory action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
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L. Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies. This proposed rule
does not use technical standards.
Therefore, we did not consider the use
of voluntary consensus standards.
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M. Environment
Title 33—Navigation and Navigable
Waters
PART 5—COAST GUARD AUXILIARY
■
1. Revise part 5 to read as follows:
Subpart A—General
Sec.
5.1
5.3
5.5
5.7
5.9
Definitions.
Purpose.
Organization, officers, and leadership.
Administration, specific authorizations.
References.
Subpart B—Membership
5.10 Eligibility for membership.
5.11 Honorary members.
5.12 Ranks, titles, designations, or grades.
5.13 Advancement.
5.14 Uniforms and insignia.
5.15 [Reserved]
5.16 Compensation and travel expenses.
5.17 Status of members as Federal
employees.
5.18 Injury or death in the line of duty.
5.19 Disenrollment.
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions which do not individually or
cumulatively have a significant effect on
the human environment. A preliminary
environmental analysis checklist
supporting this determination is
available in the docket where indicated
under the ‘‘Public Participation and
Request for Comments’’ section of this
preamble. This proposed rule involves
the operation and administration of the
Coast Guard Auxiliary and falls under
section 2.B.2, figure 2–1, paragraphs
(34)(a), (b), (c), and (d) of the
Instruction. These paragraphs exempt
regulations which are editorial or
procedural, concern internal agency
functions or organization, concern the
training and qualifying of maritime
personnel, and concern the inspection
of vessels, respectively. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
Subpart C—Activities, Operations, and
Training
5.20 Authority.
5.22 Assignment to duties.
5.24 Procedure for assignment to duty.
5.26 Training, examination, and
assignment.
List of subjects in 33 CFR Part 5
§ 5.1
Volunteers.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 5 as follows:
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Subpart D—Facilities and other equipment
5.30 Facilities and other equipment.
5.32 Offer of member-owned vessels,
aircraft, radio stations, motorized
vehicles, trailers, and other equipment
for use as a facility.
5.34 Offers of personal property of the
Auxiliary as a facility.
5.36 Loan of vessels, aircraft, radio stations,
motorized vehicles, trailers, or other
equipment to the Coast Guard.
Subpart E—Auxiliary Markings
5.40 Distinctive markings for vessels,
aircraft, motorized vehicles, trailers,
radio stations, and other equipment.
5.41 Auxiliary emblem.
5.42 Auxiliary ensign.
5.43 Auxiliary mark.
5.44 Auxiliary facility decal.
5.45 Patrol signs.
5.46 Auxiliary patrol boat ensign.
5.47 Coast Guard Ensign.
5.48 Marking of aircraft.
Authority: 14 U.S.C. 633, 821, 822, 823,
823a, 824, 825, 826, 827, 828, 829, 830, 831,
832, 892; Department of Homeland Security
Delegation No. 0170.1
Subpart A—General
Definitions.
Certain terms used in this part are
defined as follows:
Aircraft means any contrivance now
known or hereafter invented, used, or
designed for navigation of or flight in
the air.
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Auxiliary means the United States
Coast Guard Auxiliary established
pursuant to the Auxiliary Act.
Auxiliary Act means the laws
governing the Coast Guard Auxiliary,
codified in chapters 23 and 25 of Title
14, United States Code (14 U.S.C. 821–
894).
Commandant means the Commandant
of the United States Coast Guard.
Direct Law Enforcement is described
in Chapter 4.E. of the Auxiliary
Operations Policy Manual,
COMDTINST M16798.3E, and includes
boarding a vessel for law enforcement
purposes, carrying on their person
firearms or law enforcement equipment
(handcuffs, pepper spray, etc.),
investigating complains of negligent
operations, serving subpoenas, and
covert operations.
Facility or facilities means a vessel,
aircraft, radio station, motorized
vehicle, trailer, or other equipment
accepted for use by the Coast Guard.
Member means any person who is a
member of the Auxiliary.
Motorboat means any documented or
numbered vessel propelled by
machinery, not more than 65 feet in
length, measured end-to-end over the
deck, excluding sheer.
Personal property of the Auxiliary
means a vessel, aircraft, radio station,
motorized vehicle, trailer, or other
equipment owned by, or under the
administrative jurisdiction of, the Coast
Guard Auxiliary or an Auxiliary unit,
and that is used solely for Auxiliary
purposes and in accordance with the
Auxiliary Act.
Radio station means any equipment
(including a building, recreational
vehicle, trailer, or other motorized
vehicle which houses such equipment)
used for radio communication or
direction finding.
Secretary means the Secretary of the
Department in which the Coast Guard is
operating.
Vessel means a motorboat or yacht.
Yacht means either—
(1) Any documented or numbered
vessel used exclusively for pleasure; or
(2) Any sailboat used exclusively for
pleasure more than 16 feet in length
measured end-to-end over the deck,
excluding sheer.
§ 5.3
Purpose.
(a) The Auxiliary is a uniformed,
volunteer, non-military organization
administered by the Commandant under
the direction of the Secretary.
(b) The purpose of the Auxiliary is to
assist the Coast Guard, as authorized by
the Commandant, in performing any
Coast Guard function, power, duty, role,
mission, or operation authorized by law.
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(c) Auxiliary units may assist the
Coast Guard in maintenance and
upkeep, and in conducting tours of
Coast Guard and other Federal- or Stateowned structures and property.
(d) The Auxiliary may assist Federal,
State, and municipal agencies, as
authorized by the Commandant.
§ 5.5 Organization, officers, and
leadership.
(a) The Coast Guard Auxiliary is
organized pursuant to the Auxiliary Act
and Coast Guard regulations.
Organizational elements include a
national board and staff, national
leadership, areas, districts, regions,
divisions, and flotillas. A flotilla is the
basic organizational unit of the
Auxiliary.
(b) The Auxiliary has elected and
appointed officers.
(1) Elected officers are in charge of
Auxiliary units and elements at both the
national and local levels of the
Auxiliary organization. The Unit Leader
is the senior elected officer at each level
of the Auxiliary organization: Flotilla
Commanders, Division Commanders,
District Commodores, and the National
Commodore are unit leaders.
(2) Appointed officers are appointed
by elected officers and hold staff
positions in Auxiliary units at both the
national and local levels of the
Auxiliary organization.
(c) For all Auxiliary units, the Unit
Leader is the person authorized to
exercise the authority set forth in § 5.07
of this part on behalf of his or her unit,
and may delegate that authority.
(d) For all Auxiliary units, the
Finance Officer is the person authorized
to handle, transfer and disburse bank
accounts, monies, stocks, bonds, and
other items of intangible personal
property on behalf of his or her
Auxiliary Unit.
rmajette on DSK2TPTVN1PROD with PROPOSALS-1
§ 5.7 Administration, specific
authorizations.
(a) The Commandant may delegate
any authority vested in him by the
Auxiliary Act or by this part to
personnel of the Coast Guard and
members of the Auxiliary in the manner
and to the extent as the Commandant
deems necessary or appropriate for the
functioning, organization, and internal
administration of the Auxiliary.
(b) The Commandant has authorized
Auxiliary Unit Leaders to take the
following actions in furtherance of the
authorized missions of the Auxiliary.
This is not an exclusive list—
(1) Acquire, own, hold, use, and
dispose of vessels, aircraft, motorized
vehicles, trailers, radio stations, and
electronic equipment and other items of
tangible, personal property;
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(2) Accept ownership, custody, or use
of vessels, boats, aircraft, radio stations,
motorized vehicles, trailers, electronic
equipment, and other tangible property
from the Coast Guard, from other
Federal, State, or municipal agencies, or
from private or non-profit groups;
(3) Create and manage bank accounts,
monies, stocks, bonds, and other
financial instruments;
(4) Accept and use gifts, grants,
legacies, and bequests;
(5) Accept funds, materials, services,
and the use of facilities from public and
private entities and Federal, State, or
municipal agencies;
(6) Enter into licenses, leases,
contracts, memoranda of agreement, or
understanding, and other agreements;
and
(7) Enter into cooperative agreements
and grant agreements with the Coast
Guard and other Federal, State, or
municipal agencies.
(c) The national board of the
Auxiliary may form a corporation under
State law and Coast Guard policy to
manage the Auxiliary’s fiscal affairs.
The national corporation may—
(1) Hold copyrights, trademarks, and
titles to Auxiliary property;
(2) Contract with the Coast Guard and
other Federal, State, and municipal
agencies to procure such goods and
services;
(3) Receive grants, gifts, and other
items on behalf of the Auxiliary; and
(4) Conduct other activities as may be
authorized by the Commandant.
(d) An Auxiliary district or region
may form a corporation under State law
and Coast Guard policy.
§ 5.9
References.
Further guidance on Auxiliary
missions and activities may be found in
Coast Guard directives and publications,
including the Coast Guard Auxiliary
Manual (Commandant Instruction
M16790.1 (series)) and the Coast Guard
Auxiliary Operations Policy Manual
(Commandant Instruction M16798.3
(series)). Those directives and
publications can be found online at
https://www.uscg.mil/auxiliary/
publications/comdtinst/.
(b) An applicant who is accepted for
membership will be enrolled in the
Auxiliary and will be issued a
membership certificate and
identification card. Possession of a
membership certificate or identification
card does not entitle a person to any
rights or privileges of the Coast Guard
or the Coast Guard Reserve except as
authorized by the Commandant.
§ 5.11
Honorary members.
The Commandant may grant any
person honorary membership in the
Auxiliary. An honorary member of the
Auxiliary, solely by reason of such
honorary membership, is not entitled to
any of the rights, benefits, privileges,
duties, or obligations of Auxiliary
membership.
§ 5.12 Ranks, titles, designations, or
grades.
The members of the Auxiliary will
have such ranks, titles, designations, or
grades, pursuant to their qualifications,
as the Commandant considers
necessary.
§ 5.13
Advancement.
The Commandant will prescribe the
circumstances and qualifications under
which members of the Auxiliary may be
advanced in offices and programs.
§ 5.14
Uniforms and insignia.
Members of the Auxiliary may
purchase from the Coast Guard such
uniforms and insignia as may be
authorized by the Secretary. Such
uniforms and insignia may be worn by
members of the Auxiliary under such
circumstances and upon such occasions
as may be authorized by the
Commandant.
§ 5.15
[Reserved]
§ 5.16
Compensation and travel expenses.
(a) Except as provided in paragraph
(b) of this section, no member of the
Auxiliary will receive any
compensation for services as a member
of the Auxiliary.
(b) A member of the Auxiliary may be
paid actual necessary travelling
expenses, including a per diem
allowance.
Subpart B—Membership
§ 5.10
§ 5.17 Status of members as Federal
Employees.
Members of the Auxiliary are not
considered Federal employees except as
provided by 14 U.S.C. 823a or other
provisions of law.
Eligibility for membership.
(a) To be eligible for membership in
the Auxiliary, a person must be a United
States citizen, a national of the United
States or of its Territories and
possessions, or an alien lawfully
admitted for permanent residence; and
must meet the standards for enrollment,
retention, and conduct established by
the Commandant.
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§ 5.18
Injury or death in the line of duty.
(a) The performance of duty, as the
term is used in this part, includes time
spent in the performance of duty, travel
between duty locations, and travel to
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and from a place of assigned duty and
the permanent residence or other
appropriate non-duty destination.
(b) A member of the Auxiliary who
incurs physical injury or contracts
sickness or disease in the performance
of duty is entitled to medical and dental
care until the resulting impairment
cannot be materially improved by
further hospitalization or treatment. A
member of the Auxiliary who incurs
physical injury or contracts sickness or
disease in the performance of duty is
entitled to obtain medical care from the
Coast Guard, including through Coast
Guard arrangements with a contract
provider, the Public Health Service, the
Department of Defense, or a Veterans’
Administration facility.
(c) If a member of the Auxiliary is
physically injured or dies as a result of
physical injury, and the injury is
incurred in the performance of duty, the
member or the member’s beneficiaries
are authorized to receive compensation
in accordance with 14 U.S.C. 707, 5
U.S.C. 8133 and 8134 and section 651
of Pub. L. 104–208 (5 U.S.C. 8133 Note).
§ 5.19
Disenrollment.
A member of the Auxiliary will be
disenrolled on request, upon ceasing to
possess the qualifications for
membership, for cause, upon direction
of the Commandant, or upon death.
Subpart C—Activities, Operations and
Training
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§ 5.20
Authority.
(a) Except as provided in paragraphs
(b) and (c) of this section, or otherwise
limited by the Commandant, members
of the Auxiliary assigned to duty will
have the same authority in its execution
as a member of the regular Coast Guard
who is assigned to a similar duty.
(b) Members of the Auxiliary are not
authorized to engage in direct law
enforcement or military missions.
(c) Members of the Auxiliary are not
authorized to enforce limited access
areas, regulated navigation areas, or
special local regulations. Members of
the Auxiliary assigned to patrol limited
access areas, regulated navigation areas,
or areas regulated under special local
regulations may advise the public
regarding compliance with the limited
access area, regulated navigation area, or
areas regulated by special local
regulations.
§ 5.22
Assignment to duties.
Members of the Auxiliary will not be
assigned duties until they have been
found to be competent to perform such
duties and have been designated by
authority of the Commandant to perform
such duties.
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§ 5.24
Procedure for assignment to duty.
Members and facilities may be
assigned to duty by any of the following
procedures:
(a) Verbal or written orders issued by
competent Coast Guard authority;
(b) The actual performance of an
authorized activity or mission by a
qualified member of the Auxiliary; or
(c) Other procedures, as designated by
the Commandant.
§ 5.26 Training, examination, and
assignment.
(a) The Commandant will prescribe,
through the Coast Guard Auxiliary
references described in § 5.09 of this
part, the type of training, qualifications,
and examinations required before a
member of the Auxiliary will be deemed
qualified to perform certain duties, and
will prescribe the circumstances and
manner in which members of the
Auxiliary will be authorized to perform
regular and emergency duties.
(b) The Commandant may authorize
members of the Auxiliary to pursue
correspondence courses and distancelearning courses conducted by the Coast
Guard Institute or other authorized
Coast Guard providers and to attend
other courses and training available to
members of the Coast Guard or Reserve.
Subpart D—Facilities and Equipment
§ 5.30
Facilities and Other Equipment.
(a) This subpart contains regulations
related to the facilities and other
equipment used by the Auxiliary or
loaned by the Auxiliary to the Coast
Guard.
(b) Status. (1) Duty. Personal property
of the Auxiliary, except when used for
other than Auxiliary purposes in
accordance with 14 U.S.C. 822, will be
considered assigned to authorized Coast
Guard duty at all times.
(2) Liability. Personal property of the
Auxiliary, except when used for other
than Auxiliary purposes in accordance
with 14 U.S.C. 822, will be treated as
property of the United States for the
purposes of the Federal Tort Claims Act,
the Military Claims Act, the Public
Vessels Act, the Suits in Admiralty Act,
the Admiralty Extension Act, and other
matters related to non-contractual civil
liability. Personal property of the
Auxiliary is not normally covered for
damage to the property itself.
(3) Public vessels. Vessels, aircraft,
and radio stations loaned to, or whose
custody has been given to, the Auxiliary
by the Coast Guard or other Federal
agencies remain public vessels of the
United States, vessels of the Coast
Guard, public aircraft, Coast Guard
aircraft, or government stations, as
applicable.
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(c) Expenses. (1) The Coast Guard may
reimburse expenses related to the use,
operation, or maintenance of a facility.
(2) The Coast Guard may reimburse
expenses for damage or loss to or by a
facility, including remediation,
restoration, repair, replacement, or
salvage costs.
(3) The Coast Guard may provide an
allowance for the maintenance of a
facility.
§ 5.32 Offers of member-owned vessels,
aircraft, radio stations, motorized vehicles,
trailers, and other equipment for use as a
facility.
(a) Members of the Auxiliary wishing
to offer vessels, aircraft, radio stations,
motorized vehicles, trailers, or other
equipment for use as a facility must
follow the procedures set forth in the
Auxiliary Operations Policy Manual
described in § 5.09 of this part.
(b) Upon acceptance of the vessels,
aircraft, radio stations, motorized
vehicles, trailers, or other equipment as
a facility, the Coast Guard will issue to
the member the appropriate numbers
and decals identifying the facility as a
Coast Guard Auxiliary facility.
(c) In an emergency, vessels, aircraft,
radio stations, motorized vehicles,
trailers, or other equipment may be
accepted by the Coast Guard without an
inventory or the use of the prescribed
forms.
§ 5.34 Offers of personal property of the
Auxiliary for use as a facility.
(a) Auxiliary units wishing to offer
personal property of the Auxiliary
(usually unit-owned property) for use as
a facility must follow the procedures set
forth in the Auxiliary Operations Policy
Manual described in § 5.09 of this part.
(b) Upon acceptance of the personal
property of the Auxiliary as a facility,
the Coast Guard will issue to the
Auxiliary unit the appropriate numbers
and decals identifying the facility as a
Coast Guard Auxiliary facility.
(c) In an emergency, personal
property of the Auxiliary may be
accepted by the Coast Guard without an
inventory or the use of prescribed forms.
§ 5.36 Loan of vessels, aircraft, radio
stations, motorized vehicles, trailers, or
other equipment to the Coast Guard.
(a) A vessel, aircraft, radio station,
motorized vehicle, trailer, or other
equipment may be loaned to the Coast
Guard for a specific period, and must be
returned at the expiration of that period,
unless circumstances or an emergency
make the return impracticable at that
time. The Commandant will determine
the method, time, and documents to be
exchanged upon the return to the owner
of any facility. The property will be re-
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inventoried as of the time, date, and
place of re-delivery, and mutually
settled by the owner and the Coast
Guard representative. If the vessel was
accepted during an emergency, any
claim for lost equipment or stores must
be supported by invoices showing the
date of purchase and the cost thereof by
the person submitting the claim. The
Coast Guard representative will take all
proper precautions to protect the
owner’s interest, as well as that of the
United States.
(b) Except as permitted in paragraph
(c) of this section, no vessel, aircraft,
radio station, motorized vehicle, trailer,
or other equipment will be deemed
loaned to the Coast Guard until an
acceptance, on the prescribed form, has
been signed on behalf of the Coast
Guard by a person authorized by the
Commandant to sign such an acceptance
and a complete inventory of consumable
and expendable stores and equipment
has been made and mutually settled by
the owner and the Coast Guard
representative.
(c) In an emergency, a vessel, aircraft,
radio station, motorized vehicle, trailer,
or other equipment may be loaned to
Coast Guard without an inventory or the
use of the prescribed form.
Subpart E—Auxiliary Markings
rmajette on DSK2TPTVN1PROD with PROPOSALS-1
§ 5.40 Distinctive markings for vessels,
aircraft, motorized vehicles, trailers, radio
stations, and other equipment.
(a) This subpart establishes
regulations for the display of distinctive
markings of vessels, aircraft, motorized
vehicles, trailers, radio stations, and
other equipment used by the Auxiliary.
(b) Auxiliary markings on vessels,
aircraft, motorized vehicles, trailers,
radio stations and other equipment. (1)
Vessels, aircraft, motorized vehicles,
trailers, and radio stations or other
equipment which are owned by
Auxiliary members, or are personal
property of the Auxiliary, or are
otherwise affiliated with the Auxiliary
may display the Auxiliary Emblem
(§ 5.41), the Auxiliary Ensign (§ 5.42),
and/or the Auxiliary Mark (§ 5.43).
(2) Vessels, aircraft, motorized
vehicles, trailers, radio stations or other
equipment which have been accepted as
Auxiliary facilities shall display the
Auxiliary Facility Decal (§ 5.44).
(3) Facilities which are assigned to
Coast Guard duty shall display the
National Ensign, the Patrol Sign (§ 5.45)
and either the Patrol Boat Ensign
(§ 5.46) or the Coast Guard Ensign
(§ 5.47) as appropriate and able.
(4) Facilities which are assigned to
Coast Guard duty and have a Coast
Guard commissioned, warrant, or non-
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commissioned officer onboard may
display the Coast Guard Ensign in place
of the Patrol Boat Ensign.
(c)(1) Any person who desires to
reproduce Coast Guard Auxiliary
markings for non-Coast Guard Auxiliary
use must obtain approval from the U.S.
Coast Guard Auxiliary Division (CG–
BSX–1), 2100 2nd St. SW., Stop 7581,
Washington, DC 20593–7581.)
(2) Unauthorized use of Auxiliary
markings is subject to the penalties of 14
U.S.C. 638, 639 and 892.
shield with a medium blue (Coast Guard
blue) Coast Guard Auxiliary emblem
centered on a broad diagonal red (Coast
Guard red) slash which is at a 70 degree
angle, rising toward the hoist. The red
(Coast Guard red) slash is followed,
away from the hoist, by two narrow,
parallel stripes—first a white stripe, and
then a medium blue (Coast Guard blue)
stripe. The entire design is centered on
the shield. The lower part displays two
laterally radiating wreath branches
centered immediately beneath the
shield. A broad diagonal red (Coast
§ 5.41 Auxiliary emblem.
Guard red) slash, which is at a 70 degree
(a) Description. The Auxiliary emblem angle, rising toward the hoist and
consists of a disk with the shield of the
followed, away from the hoist, by two
Coat of Arms of the United States
narrow, parallel stripes, first a white
circumscribed by an annulet edged and
stripe and then a medium blue (Coast
inscribed ‘‘U.S. COAST GUARD
Guard blue) stripe, is displayed on the
AUXILIARY’’, all in front of two crossed wreath’s right-hand branch.
anchors.
(b) Display. Vessels, aircraft, and
(b) Display. The Auxiliary emblem is
radio stations that are accepted for use
used as identification on Auxiliary
by the Coast Guard must display the
ensigns, flags, pennants, decals, and
Auxiliary facility decal as authorized in
patrol signs. The emblem is used on
the Auxiliary Operations Policy Manual
Auxiliary insignia, such as the member
described in § 5.09 of this part.
collar device, cap device, and Auxiliary
(1) On vessels, the decal must be
aviator, coxswain, and Auxiliary
displayed on the port side of the vessel
Operator (AUXOP) devices, and on
so as to be visible by another vessel
publications, stationery, clothing, and
when meeting such vessel in a port-tojewelry.
port situation.
(2) On aircraft, the decal must be
§ 5.42 Auxiliary ensign.
displayed on the pilot’s side of the
(a) Description. The field of the
forward half of the aircraft.
Auxiliary ensign is medium blue (Coast
(3) On radio facilities, the miniature
Guard blue) with a broad diagonal white decal must be displayed on the radio, on
slash upon which a matching blue Coast the exterior or interior of the building or
Guard Auxiliary emblem is centered.
trailer in which the radio is housed, or,
The white slash must be at a 70 degree
in the case of mobile radios, on any
angle, rising away from the hoist.
legal place on the motor vehicle in
(b) Display. The Coast Guard
which the radio is contained.
Auxiliary ensign may be displayed by
§ 5.45 Patrol sign.
any member of the Auxiliary on a
(a) Description. The Auxiliary facility
vessel, aircraft, radio station, building,
patrol sign has the words ‘‘Coast Guard
or other location at any time, under
Auxiliary Patrol’’ in black or dark blue
such conditions as the Commandant
lettering and must contain the Auxiliary
may direct.
emblem, as described in this subpart,
§ 5.43 Auxiliary mark.
centered within the confines of a broad
(a) Description. The Auxiliary mark
diagonal red (Coast Guard red) stripe
consists of a broad diagonal blue stripe
which is at a 70 degree angle rising
followed (to the left or aft) by two
toward the bow of the vessel. The red
narrow stripes—first a white stripe, and (Coast Guard red) stripe is followed,
then a red stripe. The Auxiliary
away from the bow, by two narrow,
emblem, as described in § 5.41 of this
parallel stripes—first a white stripe, and
subpart, is centered in the diagonal blue then a medium blue (Coast Guard blue)
stripe.
stripe. The background of the sign must
(b) Display. The Auxiliary identifying be white.
(b) Display. (1) The patrol sign must
mark is used to identify personal
be displayed by vessels while assigned
property of the Auxiliary and on Coast
to Coast Guard duty.
Guard Auxiliary authorized
(2) The patrol sign must be displayed
publications, stationery, jewelry, and
on the forward half of each side and
similar items.
may be displayed on the stern of the
§ 5.44 Auxiliary facility decal.
vessel.
(3) The patrol sign may be displayed
(a) Description. The Auxiliary facility
on each side of a motorized vehicle or
decal is composed of two parts. The
trailer containing a mobile radio or
upper part is a conventional white
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Federal Register / Vol. 78, No. 91 / Friday, May 10, 2013 / Proposed Rules
radio direction finding unit while
assigned to Coast Guard duty. Normally,
they will be placed in any legal position
on the upper half of both sides of the
vehicle.
§ 5.46
Auxiliary Patrol Boat ensign.
Coast Guard Ensign
(a) Description. The Coast Guard
ensign is described in 33 CFR 23.15.
(b) Display. The Coast Guard ensign
may be displayed in place of the
Auxiliary patrol boat ensign on a vessel
while it is assigned to Coast Guard duty
and has a Coast Guard commissioned,
warrant, or non-commissioned officer
onboard. The Coast Guard ensign must
be displayed at the mast head or from
the most conspicuous hoist.
§ 5.48
Marking of aircraft.
rmajette on DSK2TPTVN1PROD with PROPOSALS-1
(a) Aircraft owned by members of the
Auxiliary or that are personal property
of the Auxiliary may also display the
Auxiliary emblem on both sides of the
vertical stabilizer (outside of the
stabilizer for twin tail aircraft) or on
both sides of the fuselage aft of the
wing.
(b) Aircraft which have been accepted
as facilities may be marked with the
Auxiliary Mark (§ 5.43) and/or the word
‘‘RESCUE’’ on the underside of the wing
or fuselage for easier identification from
the ground.
Dated: April 30, 2013.
Paul F. Thomas,
Captain, U.S. Coast Guard, Director of
Inspections and Compliance.
[FR Doc. 2013–10882 Filed 5–9–13; 8:45 am]
BILLING CODE 9110–04–P
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14:33 May 09, 2013
Jkt 229001
Coast Guard
33 CFR Parts 101, 104, 105, and 106
[Docket No. USCG–2007–28915]
(a) Description. The field of the
Auxiliary Patrol Boat ensign is white. A
medium blue (Coast Guard blue) Coast
Guard Auxiliary emblem is centered on
a broad diagonal red (Coast Guard red)
slash which is at a 70 degree angle,
rising toward the hoist. The red (Coast
Guard red) slash is followed, away from
the hoist, by two narrow, parallel
stripes—first a white stripe, and then a
medium blue (Coast Guard blue) stripe.
The entire design is centered on the
ensign.
(b) Display. The Auxiliary Patrol Boat
Ensign is flown on vessel facilities when
assigned to Coast Guard duty. The
Auxiliary patrol boat ensign must be
displayed at the mast head or from the
most conspicuous hoist.
§ 5.47
DEPARTMENT OF HOMELAND
SECURITY
RIN 1625–AB21
Transportation Worker Identification
Credential (TWIC)—Reader
Requirements
Coast Guard, DHS.
ACTION: Proposed rule; extension of
comment period.
AGENCY:
The Coast Guard is extending
the comment period for the notice of
proposed rulemaking (NPRM) published
March 22, 2013, entitled
‘‘Transportation Worker Identification
Credential (TWIC)—Reader
Requirements’’ for 30 days. This
extension of the comment period is
designed to accommodate requests from
the public for more time to review the
proposed rule and associated analysis.
DATES: The comment period for the
proposed rule published March 22,
2013, at 78 FR 17781, is extended.
Comments and related material must be
submitted to the docket by June 20,
2013.
SUMMARY:
You may submit comments
identified by docket number using any
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov.
• Fax: 202–493–2251.
• Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Commander Loan T.
O’Brien, U.S. Coast Guard, telephone
202–372–1133, email
Loan.T.O’Brien@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Barbara
Hairston, Program Manager, Docket
Operations, telephone 202–366–9826.
ADDRESSES:
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27335
SUPPLEMENTARY INFORMATION:
A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking, indicate the specific section
of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
You may submit your comments and
material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number (USCG–2007–28915) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number (USCG–2007–28915) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
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]]>Agencies
[Federal Register Volume 78, Number 91 (Friday, May 10, 2013)]
[Proposed Rules]
[Pages 27321-27335]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10882]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 5
[Docket No. USCG-1999-6712]
RIN 1625-AB66
Revision of Auxiliary Regulations
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to revise and reorganize the
regulations that govern the operation and administration of the Coast
Guard Auxiliary, a uniformed, volunteer, non-military organization
chartered by Congress. The proposed changes would conform the
regulatory language to changes in the laws governing the Coast Guard
Auxiliary, clarify the Auxiliary's organization, status, and role in
Coast Guard operations, and update provisions on liability protection
for Auxiliary members assigned to Coast Guard duty.
DATES: Comments and related material must either be submitted to our
online docket via https://www.regulations.gov on or before August 8,
2013 or reach the Docket Management facility by that date.
ADDRESSES: You may submit comments identified by docket number USCG-
1999-6712 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section
[[Page 27322]]
below for instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Mr. Stephen Minutolo, CG-BSX-11, U.S. Coast Guard
Headquarters, 2100 2nd St. SW., Stop 7581, Washington, DC 20593-7581;
telephone 202 372-1267; email hqs-dg-m-cgauxregs@uscg.mil. If you have
questions on viewing or submitting material to the docket, call Barbara
Hairston, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
D. Public Meeting
II. Abbreviations
III. Background
IV. Discussion of Proposed Rule
V. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to https://www.regulations.gov and will include any
personal information you have provided.
A. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-1999-6712), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online, or by fax, mail or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so that the Coast Guard can contact you if the Coast Guard has
questions regarding your submission.
To submit your comments online, go to https://www.regulations.gov.
Insert ``USCG-1999-6712'' in the Search box and click ``Search.'' Click
on the ``Comment Now'' button next on the line with this document.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope.
We will consider all comments and material received during the
comment period. The Coast Guard may change this proposed rule in view
of your comments.
B. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
insert ``USCG-1999-6712'' in the Search box and click ``Search.'' Click
on the ``Open Docket Folder'' link and click on each comment or
document you would like to view. If you do not have access to the
Internet, you may view the docket by visiting the Docket Management
Facility in Room W12-140 on the ground floor of the Department of
Transportation West Building, 1200 New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. We have an agreement with the Department of
Transportation to use the Docket Management Facility.
C. Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
D. Public Meeting
We do not now plan to hold a public meeting, but you may submit a
request for one to the docket using one of the methods specified under
ADDRESSES. In your request, explain why you believe a public meeting
would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
II. Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
Pub. L. Public Law
Sec. Section symbol
SAMA Standard Auxiliary Maintenance Allowance
U.S.C. United States Code
USCG United States Coast Guard
1996 Act The Coast Guard Authorization Act of 1996
III. Background
This proposed rule would revise and reorganize the regulations
governing the Coast Guard Auxiliary. The Coast Guard Auxiliary
regulations were last updated in 2003 (68 FR 9534, Feb 28, 2003) and
1996 (61 FR 33662, June 28, 1996), but these changes did not address
all of the legislative changes being addressed in this proposed rule.
Through this proposed rule, the Coast Guard would update the
regulations in accordance with recent legislation; clarify Auxiliary
powers, duties, and organization; amend provisions regarding Auxiliary
membership; and address other administrative matters. These changes
would address several problems common to Auxiliary units.
First, this proposed rule is necessary to conform Coast Guard
regulations to current law. The following changes to the Auxiliary's
governing statutes, codified at Title 14, Chapter 23 of the U.S. Code
(collectively referred to in this document as ``legislative changes'')
are addressed by this rulemaking:
The Coast Guard and Maritime Transportation Act of 2012
(Pub. L. 112-213) section 215, extending eligibility for Auxiliary
membership to nationals of the United States and aliens lawfully
admitted for permanent residence.
The Coast Guard and Maritime Transportation Act of 2006
(Pub. L. 109-241) section 208, authorizing the Auxiliary to use motor
vehicles in support of Auxiliary functions and duties.
The Coast Guard and Maritime Transportation Act of 2004
(Pub. L. 108-293), section 226, allowing personal property of the
Auxiliary to be treated as United States property for liability
purposes.
The Maritime Transportation Security Act of 2002 (Pub. L.
107-295), section 415, authorizing payment of a death gratuity to
Auxiliary members who died in the line of duty.
The Coast Guard Authorization Act of 1996 (Pub. L. 104-
324) (``The 1996 Act'') authorizing the Auxiliary organizational
structure, extending civil liability protection to Auxiliary units and
members, and authorizing the Auxiliary to form a corporation. The 1996
Act also redefined the purpose of
[[Page 27323]]
the Auxiliary, ``to assist the Coast Guard . . . in performing any
Coast Guard function. . . . '' The previous definition enumerated
specific missions (promoting safety, effecting rescues, promoting
efficiency in the operation of motorboats and yachts, and fostering
wider knowledge of boating laws), along with a catch-all provision
(``facilitate other operations of the Coast Guard.'').
The Coast Guard Authorization Act of 1986 (Pub L. 99-640)
authorized the payment of interest on reimbursement claims.
In 2006, conforming amendments to 14 U.S.C. 821(b) and
823a(b) in The Act to Complete the Codification of Title 46, United
States Code, ``Shipping,'' as Positive Law (Pub. L. 109-304) made non-
substantive, editorial changes to 14 U.S.C. 821(b) and 823a(b).
Second, this proposed rule would clarify the organization of the
Auxiliary and the authority given to Auxiliary units and officers to
conduct Auxiliary business. This change is necessary to help Auxiliary
units interact with commercial service providers, such as banks and
insurance companies, who may be reluctant to enter into a business
relationship with an Auxiliary unit without a better understanding of
the nature of the Auxiliary and its relationship with the regular Coast
Guard.
Third, the proposed rule would clarify for operational commanders
the Auxiliary's ability to participate in Coast Guard operations and to
work with other federal, state and local agencies.
Finally, this proposed rule would reorganize the Auxiliary
regulations by eliminating unnecessary sections and organizing 33 CFR
part 5 into five subject-oriented subparts, making it easier to find
regulations about particular topics.
Consistent with these objectives, the Coast Guard proposes to
revise and reorganize the regulations at 33 CFR part 5.
IV. Discussion of Proposed Rule
This discussion provides both a summary and a section-by-section
analysis of proposed changes to regulations in 33 CFR part 5.
Generally, existing sections are removed entirely, revised, or moved to
another section (where they may be revised or combined with other
provisions). Added sections are entirely new numbers and headings;
these sections do not exist in the current 33 CFR part 5. Removed
sections exist in the current 33 CFR part 5 but not in the proposed
rule. Provisions that are merely restatements of existing law will be
removed from the regulations. Revised sections exist in the current 33
CFR part 5, but are being changed in the proposed rule. Often some or
all of the contents of the section are exported to another section;
these are identified as moved.
Tables 1A and 1B describe the proposed distribution and deletion of
existing sections and the derivation of proposed new sections.
Table 1A is a distribution table. Table 1A describes what will
happen to each section of the current regulations under the proposed
rule. For example, the third row of Table 1A tells the reader that, in
the proposed rule, Sec. 5.05 will be moved to Sec. 5.3(a) and how the
text will change.
Table 1B is a derivation table. Table 1B describes where the
provisions of the proposed regulations came from. For example, the
sixth row of Table 1B tells the reader the language of Sec. 5.10 came
from Sec. Sec. 5.09, 5.13 and 5.15. If, for any section there is no
text in the second column, that means the proposed text is new and
unrelated to the contents of the existing section. To see where the
content of the existing section moved, see Table 1A.
Table 1A--Distribution Table
------------------------------------------------------------------------
Summary of proposed
Existing (old) section Proposed (new) changes to existing
section section
------------------------------------------------------------------------
Sec. 5.01................... Sec. 5.1....... Added definitions for
``Auxiliary Act'',
``Direct law
enforcement'',
``Personal property
of the Auxiliary''.
Amended the
definitions for
``Facility or
facilities'',
``Radio station'',
and ``Secretary''.
Sec. 5.03................... Revised.
Sec. 5.05................... Moved to Sec. Added ``uniformed.''
5.3(a).
Sec. 5.07................... Sec. 5.7....... Revised. Added new
provisions.
Sec. 5.09................... Moved to Sec. Revised. Eliminated
5.10. minimum age
requirement and 25
percent ownership
requirement. Added
eligibility for U.S.
nationals and aliens
lawfully admitted
for permanent
residence.
Sec. 5.11................... Removed.
Sec. 5.13................... Removed.
Sec. 5.15................... Moved to Sec. Revised.
5.10(b).
Sec. 5.17................... Moved to Sec.
5.19.
Sec. 5.19................... Moved to Sec. Revised.
5.26(b).
Sec. 5.21................... Moved to Sec.
5.12.
Sec. 5.23................... Moved to Sec.
5.13.
Sec. 5.25................... Moved to Sec.
5.11.
Sec. 5.27................... Moved to Sec. Revised.
5.22.
Sec. 5.29................... Removed.
Sec. 5.31................... Moved to Sec. Revised.
5.20(a).
Sec. 5.33................... Moved to Sec.
5.26(a).
Sec. 5.35................... Moved to Sec. Revised.
5.36.
Sec. 5.37................... Moved to Sec. Revised.
5.36.
Sec. 5.39................... Moved to Sec.
5.36(b).
Sec. 5.41................... Moved to Sec. Revised.
Sec. 5.32(c),
5.34(c) and
5.36(c).
Sec. 5.43................... Moved to Sec. Revised.
5.30(b)(3).
Sec. 5.45................... Moved to Sec.
5.36(a).
Sec. 5.47(a)................ Moved to Sec.
5.42(b).
Sec. 5.47(b)................ Moved to Sec.
5.42(a).
Sec. 5.47(c)................ Moved to Sec.
5.41(a).
Sec. 5.48(a)................ Moved to Sec.
5.40(c)(2).
Sec. 5.48(b)................ Moved to Sec.
5.46(a).
Sec. 5.49................... Moved to Sec. Revised.
5.30(c)(1).
[[Page 27324]]
Sec. 5.55................... Moved to Sec.
5.16(a).
Sec. 5.57................... Moved to Sec.
5.16(b).
Sec. 5.59................... Moved to Sec. Revised.
5.18(b) and (c).
Sec. 5.61................... Moved to Sec.
5.14.
Sec. 5.63................... Moved to Sec.
5.14.
Sec. 5.65................... Removed.
Sec. 5.69................... Removed.
------------------------------------------------------------------------
Table 1B--Derivation Table
------------------------------------------------------------------------
Existing (old)
Proposed (new) section section Proposed change
------------------------------------------------------------------------
Sec. 5.1.................... Sec. 5.01...... Added definitions for
``Auxiliary Act'',
``Direct law
enforcement'',
``Personal property
of the Auxiliary''.
Amended the
definitions for
``Facility or
facilities'',
``Radio station''
and ``Secretary''.
Sec. 5.3.................... Paragraph (a) Added new provisions.
imported from
Sec. 5.05.
Sec. 5.5.................... Sec. 5.05...... Added new provisions.
Sec. 5.7.................... Sec. 5.07...... Added new provisions.
Sec. 5.9.................... ................. Added new provisions.
Sec. 5.10................... Imported language New section.
from Sec. Sec.
5.09, 5.13, and
5.15.
Sec. 5.11................... Imported language
from Sec.
5.25.
Sec. 5.12................... Imported language New section.
from Sec. 5.21.
Sec. 5.13................... Imported language
from Sec.
5.23.
Sec. 5.14................... Imported language New section.
from Sec. Sec.
5.61 and 5.63.
Sec. 5.15................... ................. Reserved for future
use.
Sec. 5.16................... Imported language New section.
from Sec. Sec.
5.55 and 5.57.
Sec. 5.17................... ................. Added new provisions.
Sec. 5.18................... Paragraphs (b) New section. Added
and (c) imported new provisions.
language from
Sec. 5.59.
Sec. 5.19................... Imported language
from Sec.
5.17.
Sec. 5.20................... Imported and New section.
amended language
from Sec. 5.31.
Sec. 5.22................... Imported language New section.
from Sec. Sec.
5.27 and 5.29.
Sec. 5.24................... ................. New section. Added
new provisions.
Sec. 5.26................... Paragraph (a) New section.
imported from
Sec. 5.33.
Paragraph (b)
imported from
Sec. 5.19.
Sec. 5.30................... Imported language New section.
from Sec. 5.43.
Sec. 5.32................... Imported and New section.
amended language
from Sec. 5.41.
Sec. 5.34................... Imported language New section.
from Sec. 5.41.
Sec. 5.36................... Imported and New section.
amended
provisions from
Sec. Sec.
5.35, 5.37,
5.39, 5.41, and
5.45.
Sec. 5.40................... Paragraph (c)(2) New section. Added
imported from new provisions.
Sec. Sec.
5.47 and 5.48.
Sec. 5.41................... ................. Added new provisions.
Sec. 5.42................... Imported language New section.
from 5.47(a) and
(b).
Sec. 5.43................... ................. Added new provisions.
Sec. 5.44................... ................. New section. New
provisions.
Sec. 5.45................... ................. Added new provisions.
Sec. 5.46................... Imported language New section.
from Sec. 5.48.
Sec. 5.47................... ................. Added new provisions.
Sec. 5.48................... ................. Added new provisions.
------------------------------------------------------------------------
Subpart A--General
Sec. 5.1--Definitions: We propose to revise this section to
update several definitions.
The definition of ``Act,'' which currently includes only ``the
Coast Guard Auxiliary and Reserve Act of 1941, as amended and
recodified by [the] Act of August 4, 1949'' would be deleted and
replaced by a new definition, ``Auxiliary Act'', which includes the
provisions of the U.S. Code dealing most directly with the Auxiliary
(14 U.S.C. 821-894), including the legislative changes set out in
section III, Background.
The definition of ``facility'' would be amended to add motorized
vehicles, trailers, and other equipment accepted for use by the Coast
Guard.
The definition of ``radio station'' would be amended to clarify
that it includes any equipment used for radio communications or
direction finding as well as a building or vehicle housing such
equipment.
The definition of ``Secretary'' would be amended to reflect the
nature of the
[[Page 27325]]
Coast Guard's service. Most of the time, the Coast Guard is a part of
the Department of Homeland Security and the Coast Guard's Secretary is
the Secretary of DHS. In time of war, the Coast Guard may be
transferred to the Department of the Navy, and the Coast Guard's
Secretary is the Secretary of the Navy. The proposed language is
standard language for Coast Guard regulations in which the term
Secretary is defined.
The proposed definitions section would also include a definition of
``direct law enforcement.'' Direct law enforcement is described in
Chapter 4.E. of the Auxiliary Operations Policy Manual, COMDTINST
16798.3E (series), and is used in other Auxiliary publications and
section 5.20(b) of the proposed rule.
Finally, we propose to define a new term, ``Personal property of
the Auxiliary,'' to cover motor boats, yachts, aircraft, radio
stations, motorized vehicles, trailers, or other equipment owned by or
under the administrative jurisdiction of the Auxiliary and used solely
for Auxiliary purposes, as provided by section 226 of the Coast Guard
and Maritime Transportation Act of 2004 (Pub. L. 108-293, codified at
14 U.S.C. 821(d)(2)).
Sec. 5.3--Purpose: We propose to clarify the purpose of the
Auxiliary to conform to current statutory language. The new language is
broader than the existing regulation, in keeping with the current
language of 14 U.S.C. 822.
Proposed paragraphs (a) and (b) of this section review basic
information about the Auxiliary. Paragraph (c) of this section would
specify that Auxiliary units may act as caretakers, docents, or tour
guides for Coast Guard and other Federal- or State-owned property, a
customary role which many Coast Guard units may not be aware is an
authorized mission of the Auxiliary. Paragraph (d) of this section
would be a new provision supporting the Commandant's commitment to
strengthening partnerships with other Federal, State and local
agencies.
Sec. 5.5--Organization, officers, and leadership: We propose to
revise this section to explain the organization and composition of the
Auxiliary. Because of the Auxiliary's unique nature as a
Congressionally-chartered volunteer organization, its units are
sometimes not recognized as distinct from the Coast Guard. This
explanation would also assist Auxiliary units in their dealings with
commercial institutions (e.g. banks and insurance companies).
Sec. 5.7--Administration, specific authorizations: This section
would address the Commandant's ability to delegate authority, and
provide examples of specific actions that the Commandant has delegated
to the Auxiliary. It would also clarify that the Auxiliary national
board and Auxiliary districts or regions may incorporate under State
law and pursuant to Coast Guard policy, and establish basic functions
of the Auxiliary's national corporation.
Sec. 5.9--References: We propose to move the contents of existing
Sec. 5.09 to new Sec. 5.10. We propose to add a new section Sec. 5.9
to establish various Coast Guard directives and publications as
appropriate references for the Coast Guard and the public. Those
directives and publications can be found online at https://www.uscg.mil/auxiliary/publications/comdtinst/.
Subpart B--Membership
This proposed new subpart would contain regulations relating to
members and membership eligibility, discipline and compensation.
Sec. 5.10--Eligibility for membership: We propose to add this
section to consolidate and revise existing Sec. Sec. 5.09, 5.11, 5.13,
and 5.15.
Paragraph (a) would identify the basic eligibility criteria for
Auxiliary membership and eliminate the minimum age requirement and the
25-percent ownership requirement in Sec. 5.09 of the current
regulations. This paragraph also incorporates the 2012 legislative
change that authorizes eligibility for Auxiliary membership to include
nationals of the United States \1\ and aliens lawfully admitted for
permanent residence. The minimum age is not set by statute.
---------------------------------------------------------------------------
\1\ ``Nationals of the United States'' includes all U.S.
citizens as well as individuals who, though not citizens, owe
permanent allegiance to the United States. 8 U.S.C. 1101(a) (22).
Non-citizen nationals currently are primarily American Samoans and
Swain Islanders.
---------------------------------------------------------------------------
Current Auxiliary policy does not require any portion of ownership
in any vessel or other equipment as a pre-condition for membership. The
25-percent ownership requirement in the current regulations was founded
on an ownership requirement in the Act of Aug 4, 1949 (63 Stat. 555)
which required that members either have an ownership interest in a
motorboat, yacht, aircraft, or radio station, or possess special
training or experience which qualifies them for duty. Current Auxiliary
policy and practice is to consider all prospective members under the
``special training or experience'' provision, including applicants who
are willing to undergo training in order to qualify. Although owners of
vessels or other equipment would still be eligible for membership,
removing the ownership requirement from the CFR will emphasize the
importance of training and experience for prospective auxiliary members
and reduce the chance of a prospective member mistakenly believing that
not being a vessel owner precludes him or her from membership.
Paragraph (b) incorporates the provisions of the current Sec.
5.15--Admission for membership, without substantive change.
Sec. 5.11--Honorary members: Provisions of the existing Sec.
5.11, ``Membership in military organizations'', would be removed, as
they are unnecessarily duplicative of law (14 U.S.C. 825) and policy.
We propose to revise this section to incorporate existing Sec. 5.25
``Honorary members.''
Sec. 5.12--Ranks, titles, designations, or grades: This new
section contains language, without substantive change, from existing
Sec. 5.21.
Sec. 5.13--Advancement: Provisions of existing Sec. 5.13 would
be moved to Sec. 5.10. Proposed Sec. 5.13 states that the Commandant
will prescribe policy on advancement, which will be described in
Auxiliary policy manuals. This language was moved with minor edits from
Sec. 5.23.
Sec. 5.14--Uniforms and insignia: We propose to add this section
to incorporate provisions of existing Sec. Sec. 5.61 and 5.63.
Sec. 5.15: We propose to remove and reserve this section. The
provisions of existing Sec. 5.15 would be consolidated in Sec. 5.10.
Sec. 5.16--Compensation and travel expenses: This section would
specify that Auxiliarists are not authorized to receive compensation
for their services, but may be paid actual necessary travel expenses.
This section combines existing Sec. Sec. 5.55 and 5.57.
Sec. 5.17--Status of members as Federal employees: Provisions of
existing Sec. 5.17 would be moved to Sec. 5.19. We propose to add new
language in this section to clarify that Auxiliarists are not
considered Federal employees, except as provided by 14 U.S.C. 823a.
Sec. 5.18--Injury or death in the line of duty: We propose to add
this section to clarify the compensation an Auxiliarist is entitled to
receive if injured or killed in the performance of duty; codify Coast
Guard policy on what is ``performance of duty'' in the context of
Auxiliary activity, describe Auxiliarists' access to medical and dental
care; and summarize compensation provisions for the beneficiaries of
Auxiliarists who are injured or die in the performance of duty.
[[Page 27326]]
Paragraph (a) of this section would codify Coast Guard policy and
practice relating to the definition of ``performance of duty'' in the
context of Auxiliary activity. The Coast Guard compensates members for
injuries sustained in the performance of duty under 14 U.S.C. 707 and
832 and the Federal Employees Compensation Act, 5 U.S.C. 8101 et seq.
Existing Coast Guard policy extends this coverage to include travel to
and from the Auxiliarists' permanent residence to a place of duty (see
paragraph 7.O.2.c. of the Administrative Investigation Manual COMDTINST
M5830.1). This proposed rule would codify the Coast Guard's practice of
including stops en route and incidental to duty, and travel between
duty locations, as ``performance of duty.''
Paragraphs (b) and (c) of this section would specify Auxiliarists'
entitlement to hospitalization, medical care, and compensation for
injury or death in the performance of duty. Paragraphs (b) and (c) of
this section were imported from existing Sec. 5.59. These entitlements
are taken from three different statutory provisions:
14 U.S.C. 832 provides that Auxiliarists are entitled to
hospitalization and medical care as if they were members of the
Temporary Reserve.
14 U.S.C. 707 provides that temporary members of the
reserve who are injured or die while performing active duty will be
compensated as if they were civilian employees with basic pay
equivalent to grade GS-9.
The note to 5 U.S.C. 8133 provides additional compensation
eligibility for civilian employees killed in the performance of duty.
Sec. 5.19--Disenrollment: The provisions of existing Sec. 5.19
would be incorporated into new Sec. 5.28. We propose to revise this
section to incorporate provisions from existing Sec. 5.17 without
substantive change.
Subpart C--Activities, Operations and Training
Sec. 5.20--Authority: We propose to add this section to clarify
the limits on Auxiliarists' authority in the performance of their
duties. Paragraph (a) would incorporate the provisions of existing
Sec. 5.31. Paragraph (b) would state the prohibition on Auxiliarists
engaging in direct law enforcement or military operations. Paragraph
(c) would clarify that Auxiliarists' authority in supporting
enforcement of limited access areas, regulated navigation areas, and
special local regulations is limited to advising the public of such
restrictions.
Sec. 5.21: We propose to move this section to Sec. 5.12.
Sec. 5.22--Assignment to duties: We propose to consolidate the
provisions of existing Sec. Sec. 5.27 and 5.29 regarding assignment to
duty in this section.
Sec. 5.23: We propose to remove this section, as its provisions
would be consolidated in new Sec. 5.13.
Sec. 5.24--Procedure for assignment to duty: We propose to add
this section to include information about procedures for assignment to
duty of Auxiliarists and their facilities.
Sec. 5.25: We propose to remove this section, as its provisions
would be consolidated in new Sec. 5.11.
Sec. 5.27: We propose to remove this section, as its provisions
would be consolidated in new Sec. 5.22.
Sec. 5.26--Training, examination, and assignment: We propose to
consolidate existing Sec. Sec. 5.19 and 5.33 into this new section to
explain that the Commandant will set the training, qualification and
examination requirements for Auxiliarists and may authorize
Auxiliarists to take correspondence and distance-learning courses from
Coast Guard providers.
Sec. 5.29: We propose to consolidate this section into new Sec.
5.22.
Subpart D--Facilities and Equipment
Subpart D would contain the regulations dealing with vessels,
aircraft, radio stations, motor vehicles, or other equipment used by
the Auxiliary, the treatment of such facilities as United States
property, and the procedures for transferring administrative
jurisdiction of such property to and from the Auxiliary.
Sec. 5.30--Facilities and other equipment: We propose to add this
section to codify Coast Guard policy regarding duty status, liability
protection, and status as a public vessel of facilities and other
equipment used by the Auxiliary, and to revise provisions for
reimbursement of facility operating expenses.
Paragraph (b)(1) ``Duty status'' would clarify that personal
property of the Auxiliary (typically unit-owned property) is considered
assigned to authorized Coast Guard duty at all times. This is
consistent with Coast Guard policy, established by paragraph D.2. of
ALCOAST 600/05, ``Changes to Auxiliary Administrative Policies.''
Paragraph (b)(2) would clarify the scope of liability protection
for personal property of the Auxiliary. The Commandant has directed
that personal property of the Auxiliary be treated as property of the
United States for the purposes of the Federal Tort Claims Act, the
Military Claims Act, the Public Vessels Act, the Suits in Admiralty
Act, the Admiralty Extension Act, and other matters related to non-
contractual civil liability, in accordance with provisions of 14 U.S.C.
821(d)(2), as amended by the Coast Guard and Maritime Transportation
Act of 2004 (Pub L. 108-293).
Paragraph (b)(3), ``Public vessels,'' will clarify that facilities
loaned or given to the Auxiliary by the Coast Guard or other Federal
agencies retain their public status.
Paragraph (c), ``Expenses,'' codifies Coast Guard policy for
reimbursement of expenses incurred by Auxiliarists for the use,
operation, maintenance, damage, or loss of their facilities.
Sec. 5.31: We propose to consolidate this section into new Sec.
5.20.
Sec. 5.32--Offer of member-owned vessels, aircraft, radio
stations, motorized vehicles, trailers, and other equipment for use as
a facility: We propose to add this section to update the terms of
existing Sec. 5.37. This proposed section would apply when Auxiliary
members want to offer member-owned vessels, aircraft, radio stations,
motorized vehicles, trailers, and other equipment for use as a
facility. Specific procedures for these offers are in the Auxiliary
Policy Manual.
Sec. 5.34--Offers of personal property of the Auxiliary as a
facility: We propose to add this section to describe Coast Guard policy
for personal property of the Auxiliary to be accepted as a facility.
This proposed section would apply when an Auxiliary unit has ownership
or administrative jurisdiction over a vessel, aircraft, radio station,
motorized vehicle, trailer, or other equipment and wants to offer it
for use as a facility. Specific procedures for these offers are in the
Auxiliary Policy Manual.
Sec. 5.37 Offer of facilities: We propose to remove this section
as its provisions would be consolidated in new Sec. 5.32.
Sec. 5.35: We propose to remove this section because it restates
language contained in 14 U.S.C. 826.
Sec. 5.36--Loan of vessels, aircraft, radio stations, motorized
vehicles, trailers, or other equipment to the Coast Guard: This section
would apply when a person wants to loan a vessel, aircraft, radio
station, motorized vehicle, trailer, or other equipment to the Coast
Guard for Coast Guard use. This section would consolidate and update
provisions of existing Sec. Sec. 5.35, 5.37, 5.39, 5.41, and 5.45 and
would add motorized vehicles, trailers, and other equipment owned by
members or Auxiliary units to the list of property which may be loaned
to the Coast Guard. In addition, this section
[[Page 27327]]
would specify procedures for the return of facilities at the expiration
of the loan period, clarify that facilities will not be considered
loaned until accepted by a person authorized by the Commandant, and
provide for waiver of loan procedures in an emergency.
Sec. 5.39--Acceptance of facilities: We propose to remove this
section. Provisions of the existing Sec. 5.39 would be consolidated in
new Sec. 5.30.
Subpart E--Auxiliary Markings
This new subpart will describe the distinctive marks, decals and
ensigns (flags) the public is likely to see on Auxiliary facilities.
Sections of the current 33 CFR part 5 will be moved into this subpart.
The proposed regulations would not change the design or display of any
marks, decals, or ensigns. Marks which were previously described only
in the Auxiliary Manual COMDTINST M16790.1 (series) or the Coast Guard
Heraldry Manual COMDTINST M5200.18A would be described here, which
would help the public more easily identify Auxiliary facilities.
Auxiliary markings distinguish Auxiliary boats, aircraft, and other
equipment. Ensigns are flags flown by or at an asset (e.g., flown on a
flag staff at a building) to signify that the asset is associated with
the Auxiliary or Coast Guard. Decals are markings adhesively applied to
the asset to denote its status as an Auxiliary facility that has been
accepted for use by the Coast Guard. Patrol signs are placards,
normally removable and of a proportionate size for the vessel on which
they are displayed, which indicate to nearby vessels that the vessel is
engaged in Auxiliary activities. The Auxiliary mark is a permanent
marking signifying that the asset belongs to the Auxiliary in terms of
custody, ownership, or as personal property.
Sec. 5.40--Distinctive markings for vessels, aircraft, motorized
vehicles, trailers, radio stations, and other equipment: This section
incorporates provisions of the current Sec. Sec. 5.47 and 5.48. We
propose to add this section on facility markings to clarify for both
Auxiliarists and the public the identification of Auxiliary vessels,
aircraft, motorized vehicles, trailers, radio stations, and other
equipment, and advise the public of the penalties for unauthorized
display of Auxiliary markings.
Sec. 5.41--Auxiliary emblem: We propose to revise this section.
Provisions of the existing Sec. 5.41 would be distributed to
Sec. Sec. 5.32(c), 5.34(c), and 5.36(c). The proposed section would
incorporate provisions of existing Sec. 5.47(c) describing the
Auxiliary emblem and explain the use of the emblem as identification.
Sec. 5.42--Auxiliary ensign: The provisions of this proposed new
section would be imported from existing Sec. 5.47 and would describe
the Auxiliary ensign and its display.
Sec. 5.43--Auxiliary mark: We propose to revise this section.
Provisions of the existing Sec. 5.43 would be moved to Sec.
5.30(b)(3) or removed. The proposed revised section would describe the
Auxiliary mark and its display.
Sec. 5.44--Auxiliary facility decal: We propose to add this
section to describe the Auxiliary facility decal and its display.
Sec. 5.45--Patrol signs: We propose to revise this section. The
provisions of the current section would move to Sec. 5.36(a). The
revised section would describe the Auxiliary patrol sign and its
display.
Sec. 5.46--Auxiliary patrol boat ensign: This proposed new section
would describe the Auxiliary patrol boat ensign and its display. These
provisions would be imported from the current Sec. 5.48.
Sec. 5.47--Coast Guard ensign: We propose to revise this section.
Provisions of the existing Sec. 5.47 would be moved to Sec. 5.46. The
revised section would describe the correct display of the Coast Guard
ensign and cross-reference to the official description of the Coast
Guard ensign at 33 CFR 23.15.
Sec. 5.48--Auxiliary patrol boat ensign: We propose to revise this
section. Provisions of the existing Sec. 5.48 would be moved to Sec.
5.46. The revised section would describe markings that may be displayed
on Auxiliary aircraft.
Sec. 5.49--Reimbursement for expenses: We propose to remove this
section; its provisions would be moved to Sec. 5.30(c).
Sec. 5.55: We propose to remove this section; its provisions would
be consolidated in Sec. 5.16.
Sec. 5.57: We propose to remove this section; its provisions would
be consolidated in Sec. 5.16.
Sec. 5.59: We propose to remove this section because its
provisions would be consolidated in Sec. 5.18.
Sec. 5.61: We propose to remove this section because its
provisions would be consolidated in Sec. 5.14.
Sec. 5.63: We propose to remove this section because its
provisions would be consolidated in Sec. 5.14.
Sec. 5.65: We propose to remove this section because its
provisions (dealing with the eligibility of Auxiliary members for Coast
Guard medals and awards) are more appropriately covered in the primary
Auxiliary policy reference, the Coast Guard Auxiliary Manual (COMDTINST
M16790.1 (series)). Medals and awards are a matter of agency management
and agency personnel, and therefore exempt from the Administrative
Procedure Act (5 U.S.C. 553(a)(2)).
Sec. 5.69: We propose to remove this section because it restates,
verbatim, language contained in 14 U.S.C. 893.
V. Regulatory Analysis
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 14 of these statutes or executive orders.
A. Regulatory Planning and Review
Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') direct agencies
to assess the costs and benefits of available regulatory alternatives
and, if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. The Coast Guard has determined that this NPRM is
not a ``significant regulatory action'' under section 3(f) of Executive
Order 12866. Accordingly, the NPRM has not been reviewed by the Office
of Management and Budget. A draft regulatory assessment follows.
The proposed rule would conform regulatory language to statutes,
codify many existing practices, clarify procedures, increase procedural
flexibility for Coast Guard and Auxiliarists, increase overall
efficiency in the process, and re-organize content to improve clarity.
There are no costs to either the federal government or the private
sector associated with these proposed changes. This notice of proposed
rulemaking applies to members and prospective members of the Coast
Guard Auxiliary and people and companies that interact with the
Auxiliary. The Auxiliary is a Congressionally-chartered component of
the Coast Guard made up of civilian volunteers. Auxiliary units
(``flotillas'') are neither corporations nor charities and often
encounter administrative trouble with banks, insurance companies, and
businesses. This rulemaking would clarify for the public the nature,
organization, and purpose of the Auxiliary, and conform the regulatory
language to the Auxiliary statutes, as amended by legislative
[[Page 27328]]
changes. Many of these changes are already reflected in Coast Guard
policies and manuals. For example, the financial aspects of these
regulations, such as reimbursement of expenses, including the Standard
Auxiliary Maintenance Allowance (SAMA), incorporate already existing
practices and authorities, as detailed in Auxiliary Manual COMDTINST
M16790.1 (series), chapter 9 and Auxiliary Operations Policy Manual
COMDTINST M16798.3 (series), chapter 3 and section B-2.
These proposed changes would update our regulations to capture our
current practices regarding reimbursement of Auxiliary facility
expenses and maintenance costs. The payment of death gratuities to the
representatives of Auxiliarists who die in the performance of duty
while assigned to duty is currently funded pursuant to legislative
authorization and supported by Commandant policy (COMDTINST 12550.21A,
CG Death Gratuity Payment), enabling Auxiliarists to be regarded
equally as Coast Guard employees for the purpose of death gratuity
payments.
The primary benefit of this proposed rule would be to conform
regulatory language to the legislative changes described in section
III, Background. This would result in increased efficiencies in
Auxiliary interactions with the Coast Guard and with the public,
including Auxiliarists' interaction with banks and insurance agents.
Banks help provide reimbursement (via direct deposit) for operations
and other missions requiring Auxiliarists to incur an initial expense
from their personal funds. Insurance agents' relationships are also
important, as Auxiliarists may be reimbursed for damages to their
vessels when those vessels are engaged in waterborne or airborne
operational patrols.
We have classified the proposed changes into categories, as listed
in Table 2. There are no costs associated with the changes.
Table 2--33 CFR Part 5 Categories and Discussion of Proposed Changes
----------------------------------------------------------------------------------------------------------------
Proposed section Category of change Cost impact Discussion of proposed changes
----------------------------------------------------------------------------------------------------------------
Sec. 5.1...................... Revise section.... None--Administrative Revises the definition of ``Act''
revisions made to ``Auxiliary Act'' and to
consistent with include recent statutory
statutory changes. amendments, including Coast
Guard Authorization Act of 1996
amendments, the 2002 amendment
contained in the Maritime
Transportation Security Act of
2002 (Pub. L. 107-295), the 2004
amendment contained in the Coast
Guard and Maritime
Transportation Security Act of
2004 (Pub. L. 108-293), the 2006
amendments contained in the
Coast Guard and Maritime
Security Act of 2006 (Pub. L.
109-241) and the 2012 amendments
contained the Coast Guard and
Maritime Transportation Act of
2012 (Pub. L. 112-213). Added
definitions for ``Personal
property of the Auxiliary'' and
``Direct law enforcement''.
Amended definition for
``Facility or facilities'',
``radio station'' and
``Secretary''.
Sec. 5.3...................... Revise section.... None--Administrative Discusses Auxiliary purpose and
revisions made scope of activities to conform
consistent with to language in 14 U.S.C. 822, as
statutory changes. amended in 1996.
Sec. 5.5...................... Revise and expand None--Clarification of Added to clarify non-military
section. existing law. nature of Auxiliary and
composition of elected and
appointed officers.
Sec. 5.7...................... Revise section.... None................... Defines the nature and authority
of Auxiliary.
Sec. 5.9...................... Revise section.... None--Reorganization Existing contents covered in new
and revision to section Sec. 5.10. New content
reflect current establishes various Coast Guard
practice. directives and publications as
appropriate references. Provides
details of Auxiliary activities
through Source 1: Auxiliary
Manual COMDTINST M16790.1
(series) and Source 2: Auxiliary
Operations Policy Manual
COMDTINST M16798.3 (series).
Sec. 5.10..................... Add section....... None--Removes Barrier New content moved from 5.09 and
to Entry. revised. Eliminates minimum age
and ownership requirements to
remove unnecessary barriers to
entry into Auxiliary. Reflects
recent legislative change that
authorizes eligibility for
Auxiliary members to include
United States nationals and
aliens lawfully admitted for
permanent residence.
Sec. 5.11..................... Revise section.... None--Reorganization... Existing content removed as
redundant of 14 U.S.C. 825; new
content moved with minor edits
from Sec. 5.25.
Sec. 5.12..................... Add section....... None--Reorganization... New content moved with minor
edits from Sec. 5.21.
Sec. 5.13..................... Revise section.... None--Reorganization... Existing content covered by Sec.
5.10 and published in the
Auxiliary manual COMDT
INSTM16790.1 (series), Chapter
3A. New content moved with minor
edits from Sec. 5.23.
Sec. 5.14..................... Add section....... None--Reorganization... New content moved from Sec.
5.61-- Uniforms and Sec. 5.63--
Insignia and combined. See
Source 1 for additional
background.
Sec. 5.15..................... Reserved.......... None--Reorganization Existing content moved to Sec.
and Clarification. 5.10 and revised for clarity.
Sec. 5.16..................... Add section....... None--Reorganization... New content moved from Sec.
5.55--Compensation and Sec.
5.57--Traveling expenses and per
diem and combined with minor
edit.
Sec. 5.17..................... Revise section.... None--Reorganization Existing content moved to Sec.
and Clarification of 5.19. New content added to
Current Practice clarify the status of
consistent with Auxiliarists as Federal
statute. employees only as provided for
by 14 U.S.C. 823a.
[[Page 27329]]
Sec. 5.18..................... Add section....... None--Clarification of Added to clarify the benefits
Current Practice. paid in case of injury or death
while assigned to duty. In
general, these benefits are
currently covered in AFC-08
account for civilian pay.
Procedures already in place. See
Source One, Chapter 5 Section K:
Claims, Injury, or Death while
Assigned to Duty and K.6.: Death
of an Auxiliarist while Assigned
to Duty. No net cost to the
Coast Guard or Auxiliary.
Sec. 5.19..................... Revise section.... None--Reorganization... Existing content moved to Sec.
5.26(b); new content moved from
current Sec. 5.17.
Sec. 5.20..................... Add section....... None--Reorganization, Moved from Sec. 5.31. The Coast
revisions to reflect Guard would amend this section
current practice. to remove the word ``specific''.
It would also implement current
policy on exclusion from law
enforcement power and authority
of Auxiliarists and recognition
that status and authority of
Auxiliarists in various duty
assignments may be limited
beyond that of their regular
Coast Guard counterparts.
Remove Sec. 5.21 None--Reorganization... Moved to Sec. 5.12.
Sec. 5.22..................... Add section....... None--Reorganization... Existing content moved to Sec.
5.12. New content moved from
Sec. Sec. 5.27 and 5.29 with
minimal edits.
Remove Sec. 5.23 None--Reorganization... Moved to Sec. 5.13.
Sec. 5.24..................... Add section....... None--Current practice. Added to include information
about procedures for assignment
to duty of Auxiliarists and
their facilities. This section
would codify the language in the
Auxiliary Manual, based on the
1996 Act.
Remove Sec. 5.25 None--Reorganization... Moved to Sec. 5.11.
Sec. 5.26..................... Add section....... None--Reorganization... New content moved from Sec.
5.33. Added minor edited item
from Sec. 5.19.
Remove Sec. 5.27 None--Reorganization... Moved to Sec. 5.22.
Remove Sec. 5.29 None--Reorganization... Moved to Sec. 5.22.
Sec. 5.30..................... Add section....... None--Reorganization... New section with clarification of
facilities' duty status.
Clarification of facilities'
liability status, in accordance
with 14 U.S.C. 821(d)(2).
New section to clarify expense
reimbursement using concepts
from current Sec. 5.49.
Remove Sec. 5.31 None--Reorganization... Moved to Sec. 5.20.
Sec. 5.32..................... Add section....... None--Reorganization... Incorporates provisions of Sec.
5.41.
Remove Sec. 5.33 None--Reorganization... Moved to Sec. 5.26.
Sec. 5.34..................... Add section....... None--Clarification of This section would be added to
current practice address offers of use personal
consistent with property of the Auxiliary,
statute. pursuant to 14 U.S.C. 821.
Incorporates provisions of Sec.
5.41.
Remove Sec. 5.35 None--Reorganization... Incorporated into Sec. 5.36.
Sec. 5.36..................... Add section....... None--Clarification of New provision on how member-owned
current practice. or unit-owned property can be
loaned to the Coast Guard (no
Auxiliarists onboard).
Incorporates provisions from
current Sec. Sec. 5.35, 5.37,
5.39, 5.41, and 5.45.
Remove Sec. 5.37 None--Reorganization... Incorporated into Sec. 5.36.
Remove Sec. 5.39 None--Reorganization... Moved without change to Sec.
5.36(b).
Sec. 5.40..................... Add section....... None--Clarification of Added this new section on
current practice. facility markings to ensure
clarity for both the Auxiliary
and public regarding the
identification of Auxiliary
vessels, aircraft, motorized
vehicles, trailers, radio
stations, and other equipment
when assigned to Coast Guard
duty.
Sec. 5.41..................... Revise section.... None--Clarification of Concept of existing section moved
current practice. to Sec. Sec. 5.32(c),
5.34(c), and 5.36(c). Added
language to describe the
Auxiliary emblem and discuss
when it can be worn and used.
Paragraph (b) moved from section
Sec. 5.47(c).
Sec. 5.42..................... Add section....... None--Clarification of Content moved from 5.47.
current practice. Prescribes the use of the
Auxiliary ensign in accordance
with Auxiliary policy.
Sec. 5.43..................... Revise section.... None--Current practice. Existing content moved to Sec.
5.30. New content would codify
the description of the Auxiliary
mark from the Auxiliary Manual.
Sec. 5.44..................... Add section....... None--Clarification of Added to prescribe the use of the
current practice. Auxiliary facility decal as a
distinctive marking for vessels,
aircraft, and radio stations
that have been offered,
inspected, and accepted for
Coast Guard use.
Sec. 5.45..................... Revise section.... None--Reorganization Concept of existing section moved
and clarification of to Sec. 5.36(a). Added new
current practice. content to describe the use of
Auxiliary patrol signs as
distinctive markings for
vessels, motorized vehicles, and
trailers when assigned to duty.
Sec. 5.46..................... Add section....... None--Clarification of Added to address the proper use
current practice. of the Auxiliary patrol boat
ensign. Moved part of Sec.
5.48 to this location.
[[Page 27330]]
Sec. 5.47..................... Revise section.... None--Reorganization Existing content moved to Sec.
and Current practice. Sec. 5.40, 5.41, and 5.42. New
content would codify the display
of the Coast Guard ensign as
described in Auxiliary policy.
Sec. 5.48..................... Revise section.... None--Reorganization Existing content moved to Sec.
and clarification of Sec. 5.40 and 5.46. New
current practice. content added to address the
additional markings of Auxiliary
aircraft. Would reflect the
allowance for Auxiliary aircraft
to display the Auxiliary
facility decal.
Remove Sec. 5.49 None--Reorganization... Concept moved to Sec. 5.30.
Remove Sec. 5.55 None--Reorganization... Moved to Sec. 5.16.
Remove Sec. 5.57 None--Reorganization... Moved to Sec. 5.16.
Remove Sec. 5.59 None--Reorganization... Moved to Sec. 5.18 (b) and (c)
and revised.
Remove Sec. 5.61 None--Reorganization... Moved to Sec. 5.14.
Remove Sec. 5.63 None--Reorganization... Moved to Sec. 5.14.
Remove Sec. 5.65 None--Current Practice. Internal policy in Auxiliary
Manual COMDTINST M16790.1
(series) Chapter 11, and in
Coast Guard Medals and Awards
Manual, COMDTINST M1650.25. See
also 14 U.S.C. 502.
Remove Sec. 5.69 None--Duplicative...... Duplicative of 14 U.S.C. 893.
----------------------------------------------------------------------------------------------------------------
Source 1 Auxiliary Manual COMDTINST M16790.1 (series).
Source 2 Auxiliary Operations Policy Manual COMDTINST M16798.3 (series).
B. Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
This rule imposes no direct costs; consequently, there are no
impacts on small entities to consider.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this proposed rule will not have a significant economic impact on a
substantial number of small entities.
C. Assistance for Small Entities
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment to the
Docket Management Facility at the address under ADDRESSES. In your
comment, explain why you think your business or organization qualifies,
how and to what degree this rule would economically affect it.
D. Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
E. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under E.O. 13132 and
have determined that it does not have implications for federalism under
that Order.
F. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their regulatory
actions. In particular, the Act addresses actions that may result in
the expenditure by a State, local, or tribal government, in the
aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
G. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
H. Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that may
disproportionately affect children.
J. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
K. Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant regulatory
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
[[Page 27331]]
L. Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies. This proposed rule does not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.
M. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under the ``Public
Participation and Request for Comments'' section of this preamble. This
proposed rule involves the operation and administration of the Coast
Guard Auxiliary and falls under section 2.B.2, figure 2-1, paragraphs
(34)(a), (b), (c), and (d) of the Instruction. These paragraphs exempt
regulations which are editorial or procedural, concern internal agency
functions or organization, concern the training and qualifying of
maritime personnel, and concern the inspection of vessels,
respectively. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
List of subjects in 33 CFR Part 5
Volunteers.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 5 as follows:
Title 33--Navigation and Navigable Waters
PART 5--COAST GUARD AUXILIARY
0
1. Revise part 5 to read as follows:
Subpart A--General
Sec.
5.1 Definitions.
5.3 Purpose.
5.5 Organization, officers, and leadership.
5.7 Administration, specific authorizations.
5.9 References.
Subpart B--Membership
5.10 Eligibility for membership.
5.11 Honorary members.
5.12 Ranks, titles, designations, or grades.
5.13 Advancement.
5.14 Uniforms and insignia.
5.15 [Reserved]
5.16 Compensation and travel expenses.
5.17 Status of members as Federal employees.
5.18 Injury or death in the line of duty.
5.19 Disenrollment.
Subpart C--Activities, Operations, and Training
5.20 Authority.
5.22 Assignment to duties.
5.24 Procedure for assignment to duty.
5.26 Training, examination, and assignment.
Subpart D--Facilities and other equipment
5.30 Facilities and other equipment.
5.32 Offer of member-owned vessels, aircraft, radio stations,
motorized vehicles, trailers, and other equipment for use as a
facility.
5.34 Offers of personal property of the Auxiliary as a facility.
5.36 Loan of vessels, aircraft, radio stations, motorized vehicles,
trailers, or other equipment to the Coast Guard.
Subpart E--Auxiliary Markings
5.40 Distinctive markings for vessels, aircraft, motorized vehicles,
trailers, radio stations, and other equipment.
5.41 Auxiliary emblem.
5.42 Auxiliary ensign.
5.43 Auxiliary mark.
5.44 Auxiliary facility decal.
5.45 Patrol signs.
5.46 Auxiliary patrol boat ensign.
5.47 Coast Guard Ensign.
5.48 Marking of aircraft.
Authority: 14 U.S.C. 633, 821, 822, 823, 823a, 824, 825, 826,
827, 828, 829, 830, 831, 832, 892; Department of Homeland Security
Delegation No. 0170.1
Subpart A--General
Sec. 5.1 Definitions.
Certain terms used in this part are defined as follows:
Aircraft means any contrivance now known or hereafter invented,
used, or designed for navigation of or flight in the air.
Auxiliary means the United States Coast Guard Auxiliary established
pursuant to the Auxiliary Act.
Auxiliary Act means the laws governing the Coast Guard Auxiliary,
codified in chapters 23 and 25 of Title 14, United States Code (14
U.S.C. 821-894).
Commandant means the Commandant of the United States Coast Guard.
Direct Law Enforcement is described in Chapter 4.E. of the
Auxiliary Operations Policy Manual, COMDTINST M16798.3E, and includes
boarding a vessel for law enforcement purposes, carrying on their
person firearms or law enforcement equipment (handcuffs, pepper spray,
etc.), investigating complains of negligent operations, serving
subpoenas, and covert operations.
Facility or facilities means a vessel, aircraft, radio station,
motorized vehicle, trailer, or other equipment accepted for use by the
Coast Guard.
Member means any person who is a member of the Auxiliary.
Motorboat means any documented or numbered vessel propelled by
machinery, not more than 65 feet in length, measured end-to-end over
the deck, excluding sheer.
Personal property of the Auxiliary means a vessel, aircraft, radio
station, motorized vehicle, trailer, or other equipment owned by, or
under the administrative jurisdiction of, the Coast Guard Auxiliary or
an Auxiliary unit, and that is used solely for Auxiliary purposes and
in accordance with the Auxiliary Act.
Radio station means any equipment (including a building,
recreational vehicle, trailer, or other motorized vehicle which houses
such equipment) used for radio communication or direction finding.
Secretary means the Secretary of the Department in which the Coast
Guard is operating.
Vessel means a motorboat or yacht.
Yacht means either--
(1) Any documented or numbered vessel used exclusively for
pleasure; or
(2) Any sailboat used exclusively for pleasure more than 16 feet in
length measured end-to-end over the deck, excluding sheer.
Sec. 5.3 Purpose.
(a) The Auxiliary is a uniformed, volunteer, non-military
organization administered by the Commandant under the direction of the
Secretary.
(b) The purpose of the Auxiliary is to assist the Coast Guard, as
authorized by the Commandant, in performing any Coast Guard function,
power, duty, role, mission, or operation authorized by law.
[[Page 27332]]
(c) Auxiliary units may assist the Coast Guard in maintenance and
upkeep, and in conducting tours of Coast Guard and other Federal- or
State-owned structures and property.
(d) The Auxiliary may assist Federal, State, and municipal
agencies, as authorized by the Commandant.
Sec. 5.5 Organization, officers, and leadership.
(a) The Coast Guard Auxiliary is organized pursuant to the
Auxiliary Act and Coast Guard regulations. Organizational elements
include a national board and staff, national leadership, areas,
districts, regions, divisions, and flotillas. A flotilla is the basic
organizational unit of the Auxiliary.
(b) The Auxiliary has elected and appointed officers.
(1) Elected officers are in charge of Auxiliary units and elements
at both the national and local levels of the Auxiliary organization.
The Unit Leader is the senior elected officer at each level of the
Auxiliary organization: Flotilla Commanders, Division Commanders,
District Commodores, and the National Commodore are unit leaders.
(2) Appointed officers are appointed by elected officers and hold
staff positions in Auxiliary units at both the national and local
levels of the Auxiliary organization.
(c) For all Auxiliary units, the Unit Leader is the person
authorized to exercise the authority set forth in Sec. 5.07 of this
part on behalf of his or her unit, and may delegate that authority.
(d) For all Auxiliary units, the Finance Officer is the person
authorized to handle, transfer and disburse bank accounts, monies,
stocks, bonds, and other items of intangible personal property on
behalf of his or her Auxiliary Unit.
Sec. 5.7 Administration, specific authorizations.
(a) The Commandant may delegate any authority vested in him by the
Auxiliary Act or by this part to personnel of the Coast Guard and
members of the Auxiliary in the manner and to the extent as the
Commandant deems necessary or appropriate for the functioning,
organization, and internal administration of the Auxiliary.
(b) The Commandant has authorized Auxiliary Unit Leaders to take
the following actions in furtherance of the authorized missions of the
Auxiliary. This is not an exclusive list--
(1) Acquire, own, hold, use, and dispose of vessels, aircraft,
motorized vehicles, trailers, radio stations, and electronic equipment
and other items of tangible, personal property;
(2) Accept ownership, custody, or use of vessels, boats, aircraft,
radio stations, motorized vehicles, trailers, electronic equipment, and
other tangible property from the Coast Guard, from other Federal,
State, or municipal agencies, or from private or non-profit groups;
(3) Create and manage bank accounts, monies, stocks, bonds, and
other financial instruments;
(4) Accept and use gifts, grants, legacies, and bequests;
(5) Accept funds, materials, services, and the use of facilities
from public and private entities and Federal, State, or municipal
agencies;
(6) Enter into licenses, leases, contracts, memoranda of agreement,
or understanding, and other agreements; and
(7) Enter into cooperative agreements and grant agreements with the
Coast Guard and other Federal, State, or municipal agencies.
(c) The national board of the Auxiliary may form a corporation
under State law and Coast Guard policy to manage the Auxiliary's fiscal
affairs. The national corporation may--
(1) Hold copyrights, trademarks, and titles to Auxiliary property;
(2) Contract with the Coast Guard and other Federal, State, and
municipal agencies to procure such goods and services;
(3) Receive grants, gifts, and other items on behalf of the
Auxiliary; and
(4) Conduct other activities as may be authorized by the
Commandant.
(d) An Auxiliary district or region may form a corporation under
State law and Coast Guard policy.
Sec. 5.9 References.
Further guidance on Auxiliary missions and activities may be found
in Coast Guard directives and publications, including the Coast Guard
Auxiliary Manual (Commandant Instruction M16790.1 (series)) and the
Coast Guard Auxiliary Operations Policy Manual (Commandant Instruction
M16798.3 (series)). Those directives and publications can be found
online at https://www.uscg.mil/auxiliary/publications/comdtinst/.
Subpart B--Membership
Sec. 5.10 Eligibility for membership.
(a) To be eligible for membership in the Auxiliary, a person must
be a United States citizen, a national of the United States or of its
Territories and possessions, or an alien lawfully admitted for
permanent residence; and must meet the standards for enrollment,
retention, and conduct established by the Commandant.
(b) An applicant who is accepted for membership will be enrolled in
the Auxiliary and will be issued a membership certificate and
identification card. Possession of a membership certificate or
identification card does not entitle a person to any rights or
privileges of the Coast Guard or the Coast Guard Reserve except as
authorized by the Commandant.
Sec. 5.11 Honorary members.
The Commandant may grant any person honorary membership in the
Auxiliary. An honorary member of the Auxiliary, solely by reason of
such honorary membership, is not entitled to any of the rights,
benefits, privileges, duties, or obligations of Auxiliary membership.
Sec. 5.12 Ranks, titles, designations, or grades.
The members of the Auxiliary will have such ranks, titles,
designations, or grades, pursuant to their qualifications, as the
Commandant considers necessary.
Sec. 5.13 Advancement.
The Commandant will prescribe the circumstances and qualifications
under which members of the Auxiliary may be advanced in offices and
programs.
Sec. 5.14 Uniforms and insignia.
Members of the Auxiliary may purchase from the Coast Guard such
uniforms and insignia as may be authorized by the Secretary. Such
uniforms and insignia may be worn by members of the Auxiliary under
such circumstances and upon such occasions as may be authorized by the
Commandant.
Sec. 5.15 [Reserved]
Sec. 5.16 Compensation and travel expenses.
(a) Except as provided in paragraph (b) of this section, no member
of the Auxiliary will receive any compensation for services as a member
of the Auxiliary.
(b) A member of the Auxiliary may be paid actual necessary
travelling expenses, including a per diem allowance.
Sec. 5.17 Status of members as Federal Employees.
Members of the Auxiliary are not considered Federal employees
except as provided by 14 U.S.C. 823a or other provisions of law.
Sec. 5.18 Injury or death in the line of duty.
(a) The performance of duty, as the term is used in this part,
includes time spent in the performance of duty, travel between duty
locations, and travel to
[[Page 27333]]
and from a place of assigned duty and the permanent residence or other
appropriate non-duty destination.
(b) A member of the Auxiliary who incurs physical injury or
contracts sickness or disease in the performance of duty is entitled to
medical and dental care until the resulting impairment cannot be
materially improved by further hospitalization or treatment. A member
of the Auxiliary who incurs physical injury or contracts sickness or
disease in the performance of duty is entitled to obtain medical care
from the Coast Guard, including through Coast Guard arrangements with a
contract provider, the Public Health Service, the Department of
Defense, or a Veterans' Administration facility.
(c) If a member of the Auxiliary is physically injured or dies as a
result of physical injury, and the injury is incurred in the
performance of duty, the member or the member's beneficiaries are
authorized to receive compensation in accordance with 14 U.S.C. 707, 5
U.S.C. 8133 and 8134 and section 651 of Pub. L. 104-208 (5 U.S.C. 8133
Note).
Sec. 5.19 Disenrollment.
A member of the Auxiliary will be disenrolled on request, upon
ceasing to possess the qualifications for membership, for cause, upon
direction of the Commandant, or upon death.
Subpart C--Activities, Operations and Training
Sec. 5.20 Authority.
(a) Except as provided in paragraphs (b) and (c) of this section,
or otherwise limited by the Commandant, members of the Auxiliary
assigned to duty will have the same authority in its execution as a
member of the regular Coast Guard who is assigned to a similar duty.
(b) Members of the Auxiliary are not authorized to engage in direct
law enforcement or military missions.
(c) Members of the Auxiliary are not authorized to enforce limited
access areas, regulated navigation areas, or special local regulations.
Members of the Auxiliary assigned to patrol limited access areas,
regulated navigation areas, or areas regulated under special local
regulations may advise the public regarding compliance with the limited
access area, regulated navigation area, or areas regulated by special
local regulations.
Sec. 5.22 Assignment to duties.
Members of the Auxiliary will not be assigned duties until they
have been found to be competent to perform such duties and have been
designated by authority of the Commandant to perform such duties.
Sec. 5.24 Procedure for assignment to duty.
Members and facilities may be assigned to duty by any of the
following procedures:
(a) Verbal or written orders issued by competent Coast Guard
authority;
(b) The actual performance of an authorized activity or mission by
a qualified member of the Auxiliary; or
(c) Other procedures, as designated by the Commandant.
Sec. 5.26 Training, examination, and assignment.
(a) The Commandant will prescribe, through the Coast Guard
Auxiliary references described in Sec. 5.09 of this part, the type of
training, qualifications, and examinations required before a member of
the Auxiliary will be deemed qualified to perform certain duties, and
will prescribe the circumstances and manner in which members of the
Auxiliary will be authorized to perform regular and emergency duties.
(b) The Commandant may authorize members of the Auxiliary to pursue
correspondence courses and distance-learning courses conducted by the
Coast Guard Institute or other authorized Coast Guard providers and to
attend other courses and training available to members of the Coast
Guard or Reserve.
Subpart D--Facilities and Equipment
Sec. 5.30 Facilities and Other Equipment.
(a) This subpart contains regulations related to the facilities and
other equipment used by the Auxiliary or loaned by the Auxiliary to the
Coast Guard.
(b) Status. (1) Duty. Personal property of the Auxiliary, except
when used for other than Auxiliary purposes in accordance with 14
U.S.C. 822, will be considered assigned to authorized Coast Guard duty
at all times.
(2) Liability. Personal property of the Auxiliary, except when used
for other than Auxiliary purposes in accordance with 14 U.S.C. 822,
will be treated as property of the United States for the purposes of
the Federal Tort Claims Act, the Military Claims Act, the Public
Vessels Act, the Suits in Admiralty Act, the Admiralty Extension Act,
and other matters related to non-contractual civil liability. Personal
property of the Auxiliary is not normally covered for damage to the
property itself.
(3) Public vessels. Vessels, aircraft, and radio stations loaned
to, or whose custody has been given to, the Auxiliary by the Coast
Guard or other Federal agencies remain public vessels of the United
States, vessels of the Coast Guard, public aircraft, Coast Guard
aircraft, or government stations, as applicable.
(c) Expenses. (1) The Coast Guard may reimburse expenses related to
the use, operation, or maintenance of a facility.
(2) The Coast Guard may reimburse expenses for damage or loss to or
by a facility, including remediation, restoration, repair, replacement,
or salvage costs.
(3) The Coast Guard may provide an allowance for the maintenance of
a facility.
Sec. 5.32 Offers of member-owned vessels, aircraft, radio stations,
motorized vehicles, trailers, and other equipment for use as a
facility.
(a) Members of the Auxiliary wishing to offer vessels, aircraft,
radio stations, motorized vehicles, trailers, or other equipment for
use as a facility must follow the procedures set forth in the Auxiliary
Operations Policy Manual described in Sec. 5.09 of this part.
(b) Upon acceptance of the vessels, aircraft, radio stations,
motorized vehicles, trailers, or other equipment as a facility, the
Coast Guard will issue to the member the appropriate numbers and decals
identifying the facility as a Coast Guard Auxiliary facility.
(c) In an emergency, vessels, aircraft, radio stations, motorized
vehicles, trailers, or other equipment may be accepted by the Coast
Guard without an inventory or the use of the prescribed forms.
Sec. 5.34 Offers of personal property of the Auxiliary for use as a
facility.
(a) Auxiliary units wishing to offer personal property of the
Auxiliary (usually unit-owned property) for use as a facility must
follow the procedures set forth in the Auxiliary Operations Policy
Manual described in Sec. 5.09 of this part.
(b) Upon acceptance of the personal property of the Auxiliary as a
facility, the Coast Guard will issue to the Auxiliary unit the
appropriate numbers and decals identifying the facility as a Coast
Guard Auxiliary facility.
(c) In an emergency, personal property of the Auxiliary may be
accepted by the Coast Guard without an inventory or the use of
prescribed forms.
Sec. 5.36 Loan of vessels, aircraft, radio stations, motorized
vehicles, trailers, or other equipment to the Coast Guard.
(a) A vessel, aircraft, radio station, motorized vehicle, trailer,
or other equipment may be loaned to the Coast Guard for a specific
period, and must be returned at the expiration of that period, unless
circumstances or an emergency make the return impracticable at that
time. The Commandant will determine the method, time, and documents to
be exchanged upon the return to the owner of any facility. The property
will be re-
[[Page 27334]]
inventoried as of the time, date, and place of re-delivery, and
mutually settled by the owner and the Coast Guard representative. If
the vessel was accepted during an emergency, any claim for lost
equipment or stores must be supported by invoices showing the date of
purchase and the cost thereof by the person submitting the claim. The
Coast Guard representative will take all proper precautions to protect
the owner's interest, as well as that of the United States.
(b) Except as permitted in paragraph (c) of this section, no
vessel, aircraft, radio station, motorized vehicle, trailer, or other
equipment will be deemed loaned to the Coast Guard until an acceptance,
on the prescribed form, has been signed on behalf of the Coast Guard by
a person authorized by the Commandant to sign such an acceptance and a
complete inventory of consumable and expendable stores and equipment
has been made and mutually settled by the owner and the Coast Guard
representative.
(c) In an emergency, a vessel, aircraft, radio station, motorized
vehicle, trailer, or other equipment may be loaned to Coast Guard
without an inventory or the use of the prescribed form.
Subpart E--Auxiliary Markings
Sec. 5.40 Distinctive markings for vessels, aircraft, motorized
vehicles, trailers, radio stations, and other equipment.
(a) This subpart establishes regulations for the display of
distinctive markings of vessels, aircraft, motorized vehicles,
trailers, radio stations, and other equipment used by the Auxiliary.
(b) Auxiliary markings on vessels, aircraft, motorized vehicles,
trailers, radio stations and other equipment. (1) Vessels, aircraft,
motorized vehicles, trailers, and radio stations or other equipment
which are owned by Auxiliary members, or are personal property of the
Auxiliary, or are otherwise affiliated with the Auxiliary may display
the Auxiliary Emblem (Sec. 5.41), the Auxiliary Ensign (Sec. 5.42),
and/or the Auxiliary Mark (Sec. 5.43).
(2) Vessels, aircraft, motorized vehicles, trailers, radio stations
or other equipment which have been accepted as Auxiliary facilities
shall display the Auxiliary Facility Decal (Sec. 5.44).
(3) Facilities which are assigned to Coast Guard duty shall display
the National Ensign, the Patrol Sign (Sec. 5.45) and either the Patrol
Boat Ensign (Sec. 5.46) or the Coast Guard Ensign (Sec. 5.47) as
appropriate and able.
(4) Facilities which are assigned to Coast Guard duty and have a
Coast Guard commissioned, warrant, or non-commissioned officer onboard
may display the Coast Guard Ensign in place of the Patrol Boat Ensign.
(c)(1) Any person who desires to reproduce Coast Guard Auxiliary
markings for non-Coast Guard Auxiliary use must obtain approval from
the U.S. Coast Guard Auxiliary Division (CG-BSX-1), 2100 2nd St. SW.,
Stop 7581, Washington, DC 20593-7581.)
(2) Unauthorized use of Auxiliary markings is subject to the
penalties of 14 U.S.C. 638, 639 and 892.
Sec. 5.41 Auxiliary emblem.
(a) Description. The Auxiliary emblem consists of a disk with the
shield of the Coat of Arms of the United States circumscribed by an
annulet edged and inscribed ``U.S. COAST GUARD AUXILIARY'', all in
front of two crossed anchors.
(b) Display. The Auxiliary emblem is used as identification on
Auxiliary ensigns, flags, pennants, decals, and patrol signs. The
emblem is used on Auxiliary insignia, such as the member collar device,
cap device, and Auxiliary aviator, coxswain, and Auxiliary Operator
(AUXOP) devices, and on publications, stationery, clothing, and
jewelry.
Sec. 5.42 Auxiliary ensign.
(a) Description. The field of the Auxiliary ensign is medium blue
(Coast Guard blue) with a broad diagonal white slash upon which a
matching blue Coast Guard Auxiliary emblem is centered. The white slash
must be at a 70 degree angle, rising away from the hoist.
(b) Display. The Coast Guard Auxiliary ensign may be displayed by
any member of the Auxiliary on a vessel, aircraft, radio station,
building, or other location at any time, under such conditions as the
Commandant may direct.
Sec. 5.43 Auxiliary mark.
(a) Description. The Auxiliary mark consists of a broad diagonal
blue stripe followed (to the left or aft) by two narrow stripes--first
a white stripe, and then a red stripe. The Auxiliary emblem, as
described in Sec. 5.41 of this subpart, is centered in the diagonal
blue stripe.
(b) Display. The Auxiliary identifying mark is used to identify
personal property of the Auxiliary and on Coast Guard Auxiliary
authorized publications, stationery, jewelry, and similar items.
Sec. 5.44 Auxiliary facility decal.
(a) Description. The Auxiliary facility decal is composed of two
parts. The upper part is a conventional white shield with a medium blue
(Coast Guard blue) Coast Guard Auxiliary emblem centered on a broad
diagonal red (Coast Guard red) slash which is at a 70 degree angle,
rising toward the hoist. The red (Coast Guard red) slash is followed,
away from the hoist, by two narrow, parallel stripes--first a white
stripe, and then a medium blue (Coast Guard blue) stripe. The entire
design is centered on the shield. The lower part displays two laterally
radiating wreath branches centered immediately beneath the shield. A
broad diagonal red (Coast Guard red) slash, which is at a 70 degree
angle, rising toward the hoist and followed, away from the hoist, by
two narrow, parallel stripes, first a white stripe and then a medium
blue (Coast Guard blue) stripe, is displayed on the wreath's right-hand
branch.
(b) Display. Vessels, aircraft, and radio stations that are
accepted for use by the Coast Guard must display the Auxiliary facility
decal as authorized in the Auxiliary Operations Policy Manual described
in Sec. 5.09 of this part.
(1) On vessels, the decal must be displayed on the port side of the
vessel so as to be visible by another vessel when meeting such vessel
in a port-to-port situation.
(2) On aircraft, the decal must be displayed on the pilot's side of
the forward half of the aircraft.
(3) On radio facilities, the miniature decal must be displayed on
the radio, on the exterior or interior of the building or trailer in
which the radio is housed, or, in the case of mobile radios, on any
legal place on the motor vehicle in which the radio is contained.
Sec. 5.45 Patrol sign.
(a) Description. The Auxiliary facility patrol sign has the words
``Coast Guard Auxiliary Patrol'' in black or dark blue lettering and
must contain the Auxiliary emblem, as described in this subpart,
centered within the confines of a broad diagonal red (Coast Guard red)
stripe which is at a 70 degree angle rising toward the bow of the
vessel. The red (Coast Guard red) stripe is followed, away from the
bow, by two narrow, parallel stripes--first a white stripe, and then a
medium blue (Coast Guard blue) stripe. The background of the sign must
be white.
(b) Display. (1) The patrol sign must be displayed by vessels while
assigned to Coast Guard duty.
(2) The patrol sign must be displayed on the forward half of each
side and may be displayed on the stern of the vessel.
(3) The patrol sign may be displayed on each side of a motorized
vehicle or trailer containing a mobile radio or
[[Page 27335]]
radio direction finding unit while assigned to Coast Guard duty.
Normally, they will be placed in any legal position on the upper half
of both sides of the vehicle.
Sec. 5.46 Auxiliary Patrol Boat ensign.
(a) Description. The field of the Auxiliary Patrol Boat ensign is
white. A medium blue (Coast Guard blue) Coast Guard Auxiliary emblem is
centered on a broad diagonal red (Coast Guard red) slash which is at a
70 degree angle, rising toward the hoist. The red (Coast Guard red)
slash is followed, away from the hoist, by two narrow, parallel
stripes--first a white stripe, and then a medium blue (Coast Guard
blue) stripe. The entire design is centered on the ensign.
(b) Display. The Auxiliary Patrol Boat Ensign is flown on vessel
facilities when assigned to Coast Guard duty. The Auxiliary patrol boat
ensign must be displayed at the mast head or from the most conspicuous
hoist.
Sec. 5.47 Coast Guard Ensign
(a) Description. The Coast Guard ensign is described in 33 CFR
23.15.
(b) Display. The Coast Guard ensign may be displayed in place of
the Auxiliary patrol boat ensign on a vessel while it is assigned to
Coast Guard duty and has a Coast Guard commissioned, warrant, or non-
commissioned officer onboard. The Coast Guard ensign must be displayed
at the mast head or from the most conspicuous hoist.
Sec. 5.48 Marking of aircraft.
(a) Aircraft owned by members of the Auxiliary or that are personal
property of the Auxiliary may also display the Auxiliary emblem on both
sides of the vertical stabilizer (outside of the stabilizer for twin
tail aircraft) or on both sides of the fuselage aft of the wing.
(b) Aircraft which have been accepted as facilities may be marked
with the Auxiliary Mark (Sec. 5.43) and/or the word ``RESCUE'' on the
underside of the wing or fuselage for easier identification from the
ground.
Dated: April 30, 2013.
Paul F. Thomas,
Captain, U.S. Coast Guard, Director of Inspections and Compliance.
[FR Doc. 2013-10882 Filed 5-9-13; 8:45 am]
BILLING CODE 9110-04-P
