Part

5

203

302

damage or loss.

5.14 Benefits, rights and privileges.

AUTHORITY: §§ 5.7 to 5.14, inclusive, issued under 55 Stat. 9; 14 U. S. C., Sup., Chapter 9. SOURCE: 5.7 to 5.14, inclusive, contained in Regulations, Acting Commandant, approved by the Secretary of the Navy, April 20, 1945, 10 F.R. 4356.

$5.7 Preamble. The regulations for the United States Coast Guard Auxiliary as amended, (33 CFR, Supps., 5.0-5.6) are hereby revoked and the following regulations are prescribed for the United States Coast Guard Auxiliary. All orders, rules, enrollments, privileges or other benefits made, issued, or granted pursuant to the regulations hereby revoked, and in effect on April 24, 1945, shall continue in effect, if not inconsistent with the Coast Guard Auxiliary and Reserve Act of 1941, as amended, until modified or revoked pursuant to §§ 5.7 to 5.14, inclusive.

Part

10 Air raid and blackout regulations for vessels, harbors, ports, and waterfront facilities. [Revoked] 11 Coast Guard Retiring Review Board. [Added]

Appendix A-Waivers of navigation and vessel inspection laws and regulations. [Note]

§ 5.8. Definitions. When used in §§ 5.7 to 5.14, inclusive, the terms:

(a) "Act" means the Coast Guard Auxiliary and Reserve Act of 1941, as amended.

(b) "Auxiliary" means the United States Coast Guard Auxiliary established pursuant to the Act.

(c) "Commandant" means the Commandant of the United States Coast Guard.

(d) "Member" means any person who is a member of the Auxiliary.

(e) "Vessel" means a motorboat or yacht.

(f) "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.

(g) "Yacht" means either (1) any documented or numbered vessel used exclusively for pleasure, or (2) any sailboat used exclusively for pleasure over 16 feet in length measured from end to end over the deck excluding sheer.

(h) "Radio station" means any equipment (including a building which houses such equipment) the use of which to transmit communications by radio is authorized pursuant to law.

(i) "Aircraft" means any contrivance now known or hereafter invented, used

or designed for navigation of or flight in the air.

(j) "Secretary" means the Secretary of the Navy when the Coast Guard operates as part of the Navy and the Secretary of the Treasury when the Coast Guard operates in the Treasury Department.

(k) "Facility" or "facilities" means a vessel, aircraft and/or radio station.

§ 5.9 Purpose, organization and administration—(a) Purpose. The Auxiliary was created in order to assist the Coast Guard, in the language of the Act:

(1) To promote safety and to effect rescues on and over the high seas and on navigable waters;

(2) To promote efficiency in the operation of motorboats and yachts;

(3) To foster a wider knowledge of, and better compliance with, the laws, rules, and regulations governing the operation of motorboats and yachts; and

(4) To facilitate other operations of the Coast Guard.

(b) Organization. The Auxiliary is a nonmilitary organization administered by the Commandant, under the direction of the Secretary.

(c) Administration. Any authority co ferred by these regulations upon the Commandant may be delegated by him to such personnel of the Coast Guard, in such manner and to such extent, as he deems necessary or appropriate for the functioning, organization, and internal administration of the Auxiliary.

§ 5.10 Personnel-(a) Eligibility. To be eligible for membership in the Auxiliary, a person (male or female) must:

(1) Be a citizen of the United States or of its Territories and possessions, including the Philippine Islands; and

(2) Either (i) own not less than a twenty-five percent interest in a motorboat, yacht, aircraft or radio station; or

(ii) Have had such special training or experience as to qualify him, in the opinion of the Commandant, for duty in the Auxiliary.

(b) Membership in military organizations. Members of the Auxiliary may also be enrolled, enlisted or commissioned in the Coast Guard Reserve. Membership in the Auxiliary is not a bar to membership in any other naval or military organization.

(c) Applications for membership. Applications for membership in the Auxil

iary shall be made on the prescribed form. The Commandant shall prescribe the qualifications to be met by candidates claiming eligibility under § 5.10 (a) (2).

(d) Admission to membership. An applicant who is accepted for membership shall be enrolled in the Auxiliary for a term of three years and shall be issued a membership certificate and identification card. The Commandant shall prescribe the terms under which membership may be renewed, duplicate certificates or cards issued, and other requirements and limitations on the use, display and surrender of such certificates and cards. Mere ownership of such a certificate or card shall not entitle a member of the Auxiliary to be vested with or exercise any right, privilege, power, or duty vested in or imposed upon the personnel of the Coast Guard or the Coast Guard Reserve.

(e) Disenrollment. A member of the Auxiliary shall be disenrolled:

(1) On request.

(2) Upon ceasing to possess the qualifications for membership, unless such deficiency shall be remedied within six months thereafter.

(3) For cause.

(4) Upon direction of the Commandant.

(5) Upon death of a member.

The Commandant shall prescribe the terms under which disenrolled members may be re-enrolled, the procedure to be followed for disenrolling for cause (§ 5.10 (e) (3) above), the character of the disenrollment, and the document or documents to be surrendered upon disenrollment.

(f) Training. Pursuant to such terms as the Commandant may prescribe, correspondence courses of the Coast Guard Institute may be made available to members of the Auxiliary.

(g) Ranks, titles, designations, grades. Members of the Auxiliary shall have such ranks, titles, designations or grades, pursuant to such qualifications, as may be prescribed by the Commandant.

(h) Advancement. The Commandant shall prescribe the circumstances and qualifications under which members of the Auxiliary may be advanced.

(i) Honorary members. For conspicuous service to or active interest in the Auxiliary, the Commandant may award any person with honorary membership

in the Auxiliary. An honorary member of the Auxiliary, solely by reason of such honorary membership, shall not be entitled to any of the rights, benefits, privileges, duties or obligations of regular members of the Auxiliary.

§ 5.11 Assignment to duty-(a) Specific duties. Members of the Auxiliary shall not be assigned to specific duties until they have been found, after appropriate training and examination, to be competent to perform such duties.

(b) Assignment to motorboat, yacht, aircraft or radio station. No member of the Auxiliary shall be placed in charge of a motorboat, yacht, aircraft or radio station assigned to Coast Guard duty unless he has been specifically designated by authority of the Commandant to perform such duty.

(c) Powers and authorities. Members of the Auxiliary, when assigned to specific duties shall, unless otherwise limited by the Commandant, be vested with same power and authority, in execution of such duties, as members of the regular Coast Guard assigned to similar duty.

(d) Training, examination and assignment. The Commandant shall prescribe the type of training, qualifications and examinations required before a member of the Auxiliary shall be deemed qualified to perform duties, and shall prescribe the circumstances and manner in which members of the Auxiliary shall be authorized to perform regular and emergency specific duties.

§ 5.12 Facilities-(a) Use of facilities: The Coast Guard is authorized to utilize in the conduct of duties incident to the saving of life and property, including air-sea rescue operations, in the patrol of marine parades and regattas, or for any other purpose incident to the carrying out of the functions and duties of the Coast Guard, any motorboat, yacht, aircraft, or radio station placed at its disposition for any of such purposes by any member of the Auxiliary, by any corporation, partnership, or association, or by any State or political subdivision thereof.

(b) Offer of facilities. Any member of the Auxiliary, corporation, partnership, or association, or any State or political subdivision thereof, desiring to place a vessel, aircraft, or radio station at the disposal of the Coast Guard pursuant to the Act and §§ 5.7 to 5.14, inclusive, shall communicate with the

Coast Guard, indicating in such communication which facility is offered. Except in emergencies, an offer to the Coast Guard must be made on the prescribed form.

(c) Acceptance of facilities. No vessel, aircraft or radio station shall 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 acceptance.

(d) Emergencies. In an emergency, as declared by the Commandant, the offer of a vessel, aircraft, or radio station may be made without the use of the prescribed offer form, and such facility may be accepted on behalf of the Coast Guard without the use of the prescribed acceptance form.

(e) Public vessels, aircraft and radio stations. While assigned to Coast Guard duty, as authorized herein:

(1) A motorboat or yacht shall be deemed to be a public vessel of the United States, and within the meaning of the act of June 15, 1936, as amended, shall be deemed to be a vessel of the United States Coast Guard;

(2) An aircraft shall be deemed to be a vessel of the United States Coast Guard within the meaning of the act of June 15, 1936, as amended, and shall be deemed to be a "public aircraft" within the meaning of the act of June 23, 1938, as amended;

(3) A radio station shall be deemed to be a radio station of the United States Coast Guard and a "Government station" within the meaning of the act of June 19, 1934, as amended.

(f) Return of facility. A vessel, aircraft, or radio station placed at the disposal of the Coast Guard for a specific period, shall be returned at the expiration of such period, unless circumstances or emergent need make the return impracticable at that time. The Commandant shall prescribe the method, time and documents to be exchanged upon the return to the owner of any facility.

(g) Flag or pennant. The flag or pennant, prescribed by the Secretary, may be displayed by any vessel, aircraft or radio station at such times and under such circumstances as may be authorized by the Commandant. The penalty for the unauthorized flying of any flag or pennant of the Auxiliary is set forth in § 5.14 (g).

§ 5.13 Reimbursement for operating expenses, damage or loss-(a) Reimbursement for expenses. Any person whose vessel, aircraft or radio station has been offered to and accepted by the Coast Guard shall, in accordance with instructions of the Commandant, be reimbursed for the actual necessary expenses of operation of such vessel, aircraft or radio station when assigned to Coast Guard duty. "Actual necessary expenses of operation" includes payment for fuel, oil, power, water, supplies, provisions, and replacement or repair of equipment.

(b) Damaged equipment or facilities. The Commandant shall prescribe the nature of reports to be made upon the return of a vessel, aircraft or radio station. If such report shows that the vessel, aircraft or radio station has been damaged, or that any equipment thereof is in need of replacement or repair the Commandant shall cause an investigation to be made. If as a result of such investigation it is found:

(1) That the responsibility for the damage rests with the Coast Guard; and

(2) That the vessel, aircraft or radio station has been offered to and accepted by the Coast Guard; and

(3) That at the time the damage was incurred the facility was assigned, by competent authority, to specific Coast Guard duties; the damages may be repaired or the equipment replaced, in the discretion of the Commandant, either (1) by the Coast Guard or (2) by the owner of the facility at his own expense for which reimbursement will be made by the Coast Guard.

In

(c) Constructive or actual loss. case of the constructive or actual loss of a vessel, aircraft or radio station, where such loss is reported to the Coast Guard within six months from the date of such loss, the Commandant shall cause an investigation to be made. If as a result of such investigation it is found:

(1) That the responsibility for the loss rests with the Coast Guard; and

(2) That the vessel, aircraft or radio station had been offered to and accepted by the Coast Guard; and

(3) That at the time of the loss, the facility was assigned, by competent authority, to specific Coast Guard duties; the Coast Guard will make such payment to the owner of the facility, as in the discretion of the Commandant, whose decision shall be final, will compensate

such owner for the constructive or actual loss of his vessel, aircraft or radio station.

§ 5.14 Benefits, rights and privileges— (a) Compensation. No member of the Auxiliary shall receive any compensation for his services as a member of the Auxiliary.

(b) Traveling expenses and per diem. A member of the Auxiliary, when assigned to specific duties, may be paid actual necessary traveling expenses, including a per diem allowance of not to exceed $6 in lieu of subsistence, while traveling and while on duty away from his home. No per diem, however, will be paid for any period during which a member of the Auxiliary is furnished quarters and subsistence by the Government, nor will per diem be paid for any period while a member of the Auxiliary is performing duty on a vessel.

(c) Medical treatment and hospitalization. When any member of the Auxiliary is physically injured or dies as a result of physical injury incurred while performing patrol duty or any other specific duty to which he has been assigned, such member or his beneficiary shall be entitled to the same benefits as are now or as may hereafter be provided for temporary members of the Coast Guard Reserve who suffer physical injury or death resulting from physical injury incurred in line of duty Members of the Auxiliary who contract sickness or disease while performing patrol duty or any other specific duty to which they have been assigned shall be entitled to the same hospital treatment as is afforded members of the Regular Coast Guard.

(d) Uniforms. Members of the Auxiliary may purchase from the Coast Guard at actual cost such uniforms as may be prescribed by the Secretary. Such uniforms may be worn by members of the Auxiliary under such circumstances and upon such occasions as may be prescribed by the Commandant.

(e) Insignia. Insignia, as prescribed by the Secretary, may be purchased from the Coast Guard at actual cost and may be worn by members of the Auxiliary under such circumstances, at such places, and upon such occasions as may be prescribed by the Commandant.

(f) Medals. Under such terms as he may prescribe and of such design as he may approve, the Commandant may make awards, including medals, to members of the Auxiliary.

(g) Penalties. Section 302 of the act reads, in part, as follows:

Any person who shall without proper authority, fly from any building, aircraft, motorboat, yacht, or other vessel, any flag or pennant or display any identifying insignia or wear any insignia of the Auxiliary or Reserve, or wear any uniform of the Auxiliary shall, upon conviction thereof, be punished by a fine not exceeding $500.

(h) Limitation of rights, privileges and benefits. Section 12 of the act

reads as follows:

Distribution of regulations.

6.301

Powers of Captains of the port; special circumstances.

6.302

6.303

Primary responsibility.

6.304

Vessels subject to this subpart.

6.305

Ports at which regulations apply.

"Disabled" vessels.

6.306

6.307

6.315

6.316

6.320

6.321

Effect of local or unusual conditions.

SABOTAGE

Reporting of sabotage.

Precautions against sabotage.

MANNING OF VESSELS

Vessels "out of service."

Additional requirements or waiver.

6.322 Manning of vessels in port.

6.323 6.324

Relief crews.

Officers and men on duty to be on alert.

GUARDING OF VESSELS