3470 Federal Register / Vol. 80, No. 15 / Friday, January 23, 2015 / Rules and Regulations 

removes regulatory controls and 

administrative, civil, and criminal 

sanctions applicable to controlled 

substances for handlers and proposed 

handlers of naloxegol. Accordingly, it 

has the potential for some economic 

impact in the form of cost savings. 

Naloxegol is a new molecular entity 

and is not currently available or 

marketed in any country. According to 

publicly available information reviewed 

by the DEA, naloxegol is anticipated to 

enjoy patent protection for an extended 

period of time before generic 

equivalents may be manufactured and 

marketed in the United States. Although 

the number of manufacturers of 

naloxegol may initially be limited, there 

is potential for numerous handlers in 

various business activities, e.g., 

distributors, hospitals/clinics, 

pharmacies, practitioners, etc. 

This rule will affect all persons who 

would handle, or propose to handle, 

naloxegol. Due to the wide variety of 

unidentifiable and unquantifiable 

variables that potentially could 

influence the distribution and 

dispensing rates of new molecular 

entities, the DEA is unable to determine 

the number of entities and small entities 

which might handle naloxegol. 

However, the DEA estimates that all 

persons who would handle, or propose 

to handle, naloxegol are currently 

registered with the DEA to handle 

schedule II controlled substances. 

Therefore, the 1.5 million (1,469,418 as 

of September 2014) controlled substance 

registrations, representing 

approximately 426,714 entities, would 

be the maximum number of entities 

affected by this rule. The DEA estimates 

that 417,302 (97.8%) of 426,714 affected 

entities are ‘‘small entities’’ in 

accordance with the RFA and Small 

Business Administration size standards. 

The DEA estimates all controlled 

substances registrants handle both 

controlled and non-controlled 

substances and these registrants are 

expected to handle naloxegol. 

Additionally, since prospective 

naloxegol handlers are likely to handle 

other schedule II controlled substances, 

the cost savings they would receive as 

a result of the de-control of naloxegol 

would be nominal. As naloxegol 

handlers are likely to handle other 

schedule II controlled substances, they 

will need to maintain their DEA 

registration and keep the same security, 

reporting, and recordkeeping processes, 

equipment, and facilities in place and 

would experience only a nominal 

reduction in security, reporting, 

inventory, recordkeeping, and labeling 

costs. 

While the DEA does not have a basis 

to estimate the number of affected 

entities, the DEA estimates that the 

maximum number of affected entities is 

426,714 of which 417,302 are estimated 

to be small entities. Since the affected 

entities are expected to handle other 

schedule II controlled substances and 

maintain security, reporting, and 

recordkeeping facilities and processes 

consistent with schedule II controlled 

substances handling requirements, the 

DEA estimates any economic impact 

(cost savings) will be nominal. Because 

of these facts, this rule will not result in 

a significant economic impact on a 

substantial number of small entities. 

Unfunded Mandates Reform Act of 1995 

On the basis of information contained 

in the ‘‘Regulatory Flexibility Act’’ 

section above, the DEA has determined 

and certifies pursuant to the Unfunded 

Mandates Reform Act of 1995 (UMRA), 

2 U.S.C. 1501 et seq., that this action 

would not result in any federal mandate 

that may result ‘‘in the expenditure by 

State, local, and tribal governments, in 

the aggregate, or by the private sector, of 

$100,000,000 or more (adjusted for 

inflation) in any one year * * *.’’ 

Therefore, neither a Small Government 

Agency Plan nor any other action is 

required under provisions of UMRA. 

Paperwork Reduction Act 

This action does not impose a new 

collection of information requirement 

under the Paperwork Reduction Act, 44 

U.S.C. 3501–3521. This action would 

not impose recordkeeping or reporting 

requirements on State or local 

governments, individuals, businesses, or 

organizations. An agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information unless it displays a 

currently valid OMB control number. 

Congressional Review Act 

This rule is not a major rule as 

defined by section 804 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Congressional 

Review Act (CRA)). This rule will not 

result in: an annual effect on the 

economy of $100,000,000 or more; a 

major increase in costs or prices for 

consumers, individual industries, 

Federal, State, or local government 

agencies, or geographic regions; or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. However, pursuant to 

the CRA, the DEA has submitted a copy 

of this final rule to both Houses of 

Congress and to the Comptroller 

General. 

List of Subjects in 21 CFR Part 1308 

Administrative practice and 

procedure, Drug traffic control, 

Reporting and recordkeeping 

requirements. 

For the reasons set out above, 21 CFR 

part 1308 is amended to read as follows: 

PART 1308—SCHEDULES OF 

CONTROLLED SUBSTANCES 

■ 1. The authority citation for 21 CFR 

part 1308 continues to read as follows: 

Authority: 21 U.S.C. 811, 812, 871(b), 

unless otherwise noted. 

■ 2. In § 1308.12, revise the introductory 

text of paragraph (b)(1) to read as 

follows: 

§ 1308.12 Schedule II. 

* * * * * 

(b) * * * 

(1) Opium and opiate, and any salt, 

compound, derivative, or preparation of 

opium or opiate excluding 

apomorphine, thebaine-derived 

butorphanol, dextrorphan, nalbuphine, 

nalmefene, naloxegol, naloxone, and 

naltrexone, and their respective salts, 

but including the following: 

* * * * * 

Dated: January 16, 2015. 

Michele M. Leonhart, 

Administrator. 

[FR Doc. 2015–01172 Filed 1–22–15; 8:45 am] 

BILLING CODE 4410–09–P 

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: Final rule. 

SUMMARY: The Coast Guard is amending 

and reorganizing the regulations that 

govern the operation and administration 

of the Coast Guard Auxiliary, a 

uniformed, volunteer, non-military 

organization chartered by Congress. The 

amendments 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 


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Federal Register / Vol. 80, No. 15 / Friday, January 23, 2015 / Rules and Regulations 3471 

operations; and update provisions on 

liability protection for Auxiliary 

members assigned to Coast Guard duty. 

DATES: This final rule is effective 

February 23, 2015. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–1999–6712 and are 

available for inspection or copying at 

the 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, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. You may also 

find this docket on the Internet by going 

to http://www.regulations.gov, inserting 

USCG–1999–6712 in the ‘‘Search’’ box, 

and then clicking ‘‘Search.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mr. Stephen Minutolo, CG–BSX– 

11, U.S. Coast Guard Headquarters, Stop 

7501, 2703 Martin Luther King Jr. Ave. 

SE., Washington, DC 20593–7501; 

telephone 202 372–1267; email hqs-dgm-cgauxregs@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Ms. Cheryl 

Collins, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Abbreviations 

II. Regulatory History 

III. Basis and Purpose 

IV. Background 

V. Discussion of Comments and Changes 

VI. 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. Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

OMB Office of Management and Budget 

Pub. L. Public Law 

§ Section symbol 

U.S.C. United States Code 

II. Regulatory History 

The Coast Guard published a Notice 

of Proposed Rulemaking (NPRM) on 

May 10, 2013 (78 FR 27321). Six 

members of the public submitted 

comments on the proposed rule. Our 

responses to these submissions are set 

out in section V, below. 

III. Basis and Purpose 

The purpose of this final rule is to 

revise and reorganize the regulations 

governing the Coast Guard Auxiliary. 

The basis of this action is the Coast 

Guard’s statutory authority to 

administer the Coast Guard Auxiliary in 

14 U.S.C. chapters 23 and 25. 

IV. Background 

This final rule revises and reorganizes 

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 final rule. Through this final rule, 

the Coast Guard updates the regulations 

in accordance with recent legislation; 

clarifies Auxiliary powers, duties, and 

organization; amends provisions 

regarding Auxiliary membership; and 

addresses other administrative matters. 

These changes address several problems 

common to Auxiliary units. For a more 

complete list of problems this 

rulemaking is intended to address, see 

section III, ‘‘Background’’ in the NPRM, 

which is located in the docket. 

V. Discussion of Comments and 

Changes 

The Coast Guard received six 

submissions from members of the public 

about the NPRM. The Coast Guard 

appreciates the commenters’ time and 

effort to submit comments and will 

address each comment received. We 

have incorporated some of the 

comments into this final rule. 

We have divided the comments we 

received into two groups: Comments 

from members of the public that 

resulted in changes to the final rule and 

comments from members of the public 

that did not result in changes to the 

final rule. We have also included a 

group that discusses administrative 

changes made to the rule by the Coast 

Guard. 

Comments From Members of the Public 

Resulting in Changes to the Final Rule 

Three commenters requested that the 

Coast Guard not use the term 

‘‘disenrolled’’ for members who have 

died. The Coast Guard understands that 

the term ‘‘disenrolled’’ may have a 

negative connotation for some people. 

The Coast Guard respects and 

appreciates the contributions of every 

Auxiliary member who has completed 

their service honorably. We have 

removed the words ‘‘upon death’’ in 

§ 5.19 of the final rule text relating to 

reasons for which a member may be 

disenrolled. 

One commenter supported the Coast 

Guard’s proposal to remove the 25 

percent minimum ownership interest in 

a motorboat, yacht, aircraft, or radio 

station. The Coast Guard agrees that 

requiring a minimum ownership 

interest is unnecessary. The 25 percent 

minimum ownership interest 

requirement is being removed in this 

final rule. The remaining criteria for 

Auxiliary membership are set out in the 

Auxiliary Manual (COMDTINST 

M16790.1(series)). 

Comments From Members of the Public 

Not Resulting in Changes to the Final 

Rule 

This section addresses comments 

from the public requesting changes to 

the proposed regulatory text that the 

Coast Guard has decided not to adopt. 

For a number of the comments we 

received, the Coast Guard’s response is 

that the issue is best handled in Coast 

Guard policy, for the reasons discussed 

below. 

The Coast Guard received one 

comment suggesting that the Coast 

Guard clarify the restriction on 

Auxiliary participation in direct law 

enforcement. We agree that ‘‘direct law 

enforcement’’ should be defined as 

clearly and unambiguously as possible. 

However, the dynamic nature of 

Auxiliary operations and the need to 

amend operations policy suggest that 

the Auxiliary manual, not the Code of 

Federal Regulations (CFR), is the best 

place to define ‘‘law enforcement 

operations.’’ The Coast Guard is 

responsible for ensuring that Auxiliary 

operations are conducted safely and 

within the bounds of the Coast Guard 

and the Auxiliary’s authority. The scope 

and nature of Auxiliary operations are 

constantly evolving, sometimes rapidly. 

Missions which would have been 

unimaginable just a few years ago, such 

as port security and air intercept 

training, are now part of everyday 

Auxiliary operations. In addition, new 

operational restrictions sometimes come 

into place very quickly. In 2001, the 

Auxiliary suffered an aviation mishap 

with the loss of two lives. To minimize 

the chance of future mishaps, the Coast 

Guard and Auxiliary adopted new 

restrictions for Auxiliary aviation 

missions within weeks of the mishap. 

Because of the dynamic nature of Coast 

Guard and Auxiliary operations and the 

need for the rules governing operations 

to be responsive, the proper place to 

define ‘‘direct law enforcement’’ is the 


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Auxiliary Operations Policy Manual 

(COMDTINST M16798.3(series)), not 

the CFR. 

We received one comment requesting 

clarification of the term ‘‘personal 

property of the Auxiliary’’, particularly 

as it relates to licensing and insurance. 

‘‘Personal property of the Auxiliary’’ is 

property that is owned by or under the 

administrative control of an Auxiliary 

unit and used for Auxiliary purposes. 

Coast Guard policy in this area is set out 

in the Auxiliary Manual, ALCOAST 

600/05, and other Coast Guard 

Directives. The CFR is not the 

appropriate venue for addressing this 

matter because the rules about property 

owned by the Auxiliary are a matter of 

agency management and not subject to 

the Administrative Procedure Act. 

Therefore, we will not be incorporating 

the relevant Coast Guard policies into 

this final rule. 

Two commenters expressed concern 

that Auxiliary membership should not 

be open to persons under the age of 17. 

Current regulations restrict Auxiliary 

membership to persons 17 years of age 

or older. The Coast Guard does not 

anticipate opening membership in the 

Auxiliary to persons under the age of 

17. We proposed to remove that 

restriction from the CFR because 

minimum age for membership is a 

matter best addressed in Coast Guard 

policy. Detailed criteria for Auxiliary 

membership are set out in the Auxiliary 

Manual. This regulation change will not 

change the membership requirements in 

Section 3.A of the Auxiliary Manual. 

One commenter encouraged the Coast 

Guard to reimburse members for travel 

expenses and per diem. The Coast 

Guard supports the maximum 

reimbursement allowed by law and 

appropriations. This final rule does not 

change the travel and per diem 

reimbursement policies of the Coast 

Guard. 

The Coast Guard received two 

comments about compensation for an 

Auxiliarist who is injured or dies in the 

line of duty. One commenter noted that 

compensation for injury or death in the 

line of duty should be the same as for 

active duty members. This final rule 

continues the Coast Guard policy of 

providing the maximum compensation 

allowed by law for Auxiliary members 

who die or are injured in the line of 

duty. Another commenter suggested that 

the final rule specify the grade and step 

at which auxiliary members are 

compensated for injuries sustained in 

the line of duty. Paragraph 5.K.6.a. of 

the Auxiliary Manual and 14 U.S.C. 

707(a) provide that members who are 

injured or die in the performance of 

duty are compensated at a rate equal to 

the minimum rate of basic pay in effect 

for grade GS–9 of the General Schedule. 

The Coast Guard believes this policy 

addresses the commenter’s concern 

without changing the regulation. 

We received two comments about 

membership requirements. One 

commenter noted that the requirements 

for Auxiliary membership should not be 

more stringent than those for 

membership in the active duty Coast 

Guard. The Coast Guard agrees. 

Requirements for Auxiliary membership 

are driven by operational need and are 

not more stringent than for membership 

in the active duty Coast Guard. One 

commenter requested that the Coast 

Guard consider admitting members who 

have a reenlistment code of ‘‘RE–4’’ (not 

eligible to reenlist). This is a policy set 

out in paragraph 3.A.6.g of the Auxiliary 

Manual, and this rulemaking does not 

change that policy. 

One commenter suggested that the 

regulations on eligibility for 

membership include a caveat that 

Auxiliary membership does not entitle a 

permanent resident alien to expedited 

naturalization processing. The Coast 

Guard disagrees that a caveat is 

necessary. The commenter’s concern is 

already addressed by 14 U.S.C. 893, 

which provides that Auxiliary 

membership does not entitle a person to 

additional rights or benefits except as 

provided by law. 

One commenter expressed support for 

Auxiliary members acting as docents 

and tour guides for the Coast Guard and 

other federal and state property. The 

Coast Guard agrees. This mission has 

long been considered an authorized 

Auxiliary activity. 

Changes Made by the Coast Guard 

The Coast Guard is also making a 

limited number of changes to the 

proposed regulatory text. 

The Coast Guard is making three 

changes to proposed § 5.40. First, the 

Coast Guard is amending § 5.40(a) to 

clarify that the regulations are a 

restatement of policy already 

established by Coast Guard directives. 

Second, the Coast Guard is amending 

§ 5.40(b)(2) to include a description of 

the markings authorized on vessels, 

aircraft, motorized vehicles, trailers, and 

radio stations, which are personal 

property of the Auxiliary. These 

markings are already authorized by the 

U.S. Coast Guard Heraldry Manual 

(COMDTINST M5200.14 (series)) and 

paragraph 3.F.1 of the Auxiliary 

Operations Policy Manual. The third 

change is to § 5.40(b) (and in §§ 5.45, 

5.46, and 5.47, which mirror the 

language of § 5.40). This change clarifies 

the rules regarding the required display 

of the National Ensign, the patrol sign, 

the patrol ensign, and the Coast Guard 

ensign on vessels which have been 

accepted as facilities. The proposed rule 

required that these markings be 

displayed when the vessel was 

‘‘assigned to Coast Guard duty.’’ The 

final rule requires these markings be 

displayed when the vessel is ‘‘on 

patrol.’’ A strict reading of the Auxiliary 

Operations Policy Manual could lead a 

member to believe that a vessel is 

‘‘assigned to duty’’ (and must display 

the national ensign) as soon as written 

orders are issued, which is not the 

intent of this rule. The final rule 

requires display of the required 

markings when a vessel is on patrol, 

which is defined in the Auxiliary 

Operations Policy Manual as the time 

from getting underway until return to 

the dock or launch ramp. 

The Coast Guard corrected a 

description in § 5.44 regarding the 

Auxiliary facility decal, which 

described the slash as rising toward the 

hoist. A decal does not usually hang 

from a hoist, so the Coast Guard 

changed the description of the Auxiliary 

facility decal to read ‘‘rising toward the 

viewer’s right.’’ There is no substantive 

difference in the appearance of the decal 

and this change will not impact the 

observer. 

The Coast Guard is changing the 

definition of the term ‘‘vessel’’ in 33 

CFR 5.1 to conform to the definition in 

the Inland Navigation Rules, 33 CFR 

83.03(a). Prior to this final rule, 33 CFR 

1.05 defined vessel as ‘‘a motorboat or 

yacht.’’ This final rule expands the 

definition of vessel to include small 

craft such as kayaks, canoes, and 

personal watercraft. These small craft 

are already being used in support of 

Auxiliary missions. All vessels under 

the current regulations will continue to 

meet the definition of vessel in this final 

rule. 

The Coast Guard is amending the 

definition of the term ‘‘motorboat’’ in 33 

CFR 5.1 to include vessels longer than 

65 feet. This change allows (but does 

not require) the Coast Guard to accept 

as a facility a motorboat longer than 65 

feet. All vessels meeting the definition 

of motorboat in the current regulations 

will still be considered vessels under 

the new rule. 

The Coast Guard is amending 

proposed §§ 5.12 and 5.14. The purpose 

of this change is to clarify the proposed 

rule related to Auxiliary organization, 

including offices, titles, designations, 

and qualifications as ordered by the 

Commandant. Auxiliary members may 

wear the uniforms, uniform insignia, 

and awards that they are authorized to 

wear, but Auxiliary uniform insignia are 


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Federal Register / Vol. 80, No. 15 / Friday, January 23, 2015 / Rules and Regulations 3473 

a separate system from the insignia 

associated with military rank. This 

change is a clarification of the proposed 

regulatory text and reflects a longstanding policy. 

The Coast Guard is making these 

changes to §§ 5.01 5.12, 5.14, 5.40, 5.44, 

5.45, 5.46, and 5.47 without further 

notice and opportunity to comment 

because these changes are within the 

scope of the NPRM. All of subpart E of 

the proposed 33 CFR part 5 is a 

restatement of policy which already 

exists in the Heraldry Manual and the 

Auxiliary Operations Policy Manual and 

was proposed in the NPRM. The 

changes to the definitions in § 5.1 and 

the rules for uniforms and insignia in 

§§ 5.12 and 5.14 are in sections where 

changes were proposed in the NPRM. 

Furthermore, these changes do not 

change the effect of the rule proposed in 

the NPRM. 

In addition to revisions discussed 

above, this final rule changes two 

sections of the proposed rule for clarity. 

Because these changes only clarify 

existing or proposed text and will have 

no substantive effect on the public, 

notice and comment procedures are 

unnecessary. Therefore, the Coast Guard 

finds good cause exists under 5 U.S.C. 

553 for forgoing an NPRM with respect 

to these administrative changes. These 

changes are described below. 

In § 5.30(b)(3), the paragraph heading 

of the proposed rule referred to the 

status of ‘‘Public vessels,’’ when the 

section applies to vessels, aircraft, and 

radio stations which are owned by, in 

the custody of, or under the 

administrative jurisdiction of the 

Auxiliary. This section interprets 14 

U.S.C. 827, 828 and 829, which provide 

protection against third-party damage 

claims to Auxiliary facilities and 

equipment. The paragraph heading of 

the final rule was revised to accurately 

reflect the scope of the statutory 

protection. 

Section 5.36(a) deals with the loan of 

vessels, aircraft, radio stations, 

motorized vehicles, trailers, and other 

equipment. The words ‘‘aircraft, radio 

station, motorized vehicle, and other 

equipment’’ were left out of the fourth 

sentence and are added in the final rule. 

VI. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive Orders related to rulemaking. 

Below, we summarize our analyses 

based on 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. 

This final rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866. Accordingly, 

the final rule has not been reviewed by 

the Office of Management and Budget. 

The NPRM was published in the 

Federal Register on May 10, 2013 (78 

FR 27321). We received no public 

comments that change the substance of 

the requirements or the regulatory 

analysis embedded in that published 

NPRM, nor any specifics to that 

regulatory analysis. Therefore, we adopt 

the NPRM regulatory analysis as final 

without any changes. The NPRM 

regulatory analysis is replicated here for 

the final rule. 

The final rule conforms regulatory 

language to statutes, codifies many 

existing practices, clarifies procedures, 

increases procedural flexibility for the 

Coast Guard and Auxiliarists, increases 

overall efficiency in the process, and reorganizes content to improve clarity. 

There are no costs to either the federal 

government or the private sector 

associated with these proposed changes. 

This final rule 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 uniformed 

volunteers. Auxiliary units (‘‘flotillas’’) 

are neither corporations nor charities 

and often encounter administrative 

trouble with banks, insurance 

companies, and businesses. This 

rulemaking clarifies for the public the 

nature, organization, and purpose of the 

Auxiliary, and conforms the regulatory 

language to the Auxiliary statutes, as 

amended by legislative 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 

the Auxiliary Manual, chapter 9 and the 

Auxiliary Operations Policy Manual, 

chapter 3 and section B–2. 

These changes 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 as Coast Guard 

employees for the purpose of death 

gratuity payments. 

The primary benefit of this final rule 

is to conform regulatory language to the 

legislative changes described in section 

III, Background. This rulemaking makes 

it easier and more efficient for 

Auxiliarists to interact with banks, 

insurance agents, and the Coast Guard. 

Banks help process reimbursements (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 1. There are no costs associated 

with the changes. 


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3474 Federal Register / Vol. 80, No. 15 / Friday, January 23, 2015 / Rules and Regulations 

TABLE 1—33 CFR PART 5 CATEGORIES AND DISCUSSION OF CHANGES

Proposed section Category of 

change Cost impact Discussion of changes 

§ 5.1 ................... Revise section ... None—Administrative revisions 

made consistent with statutory 

changes.

Revises the definition of ‘‘Act’’ to ‘‘Auxiliary Act’’ and to include recent statutory amendments, including the Coast Guard Authorization Act of 1996 (Pub L. 104–324), 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 Transportation 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 parts or 

completed definitions for ‘‘Personal property of the Auxiliary’’ and 

‘‘Direct law enforcement’’. Amended definition for ‘‘Facility or facilities’’, ‘‘radio station’’, ‘‘vessel’’, ‘‘motorboat’’, and ‘‘Secretary’’. 

§ 5.3 ................... Revise section ... None—Administrative revisions 

made consistent with statutory 

changes.

Discusses Auxiliary purpose and scope of activities to conform to 

language in 14 U.S.C. 822, as amended in 1996. 

§ 5.5 ................... Revise and expand section.None—Clarification of existing law Added to clarify non-military nature of Auxiliary and composition of 

elected and appointed officers. 

§ 5.7 ................... Revise section ... None ............................................. Describes Commandant’s authority to redelegate to the Auxiliary 

and existing delegations. 

§ 5.9 ................... Revise section ... None—Reorganization and revision to reflect current practice.Existing contents covered in new § 5.10. New content establishes 

various Coast Guard directives and publications as appropriate 

references. Provides details of Auxiliary activities through Source 

1: Auxiliary Manual and Source 2: Auxiliary Operations Policy 

Manual. 

§ 5.10 ................. Add section ........ None—Removes Barrier to Entry New content moved from § 5.9 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. 

§ 5.11 ................. Revise section ... None—Reorganization ................. Existing content removed as redundant of 14 U.S.C. 825; new content moved with minor edits from § 5.25. 

§ 5.12 ................. Add section ........ None—Reorganization ................. New content moved with minor edits from § 5.21. 

§ 5.13 ................. Revise section ... None—Reorganization ................. Existing content covered by § 5.10 and published in the Auxiliary 

Manual, Chapter 3A. New content moved with minor edits from 

§ 5.23. 

§ 5.14 ................. Add section ........ None—Reorganization ................. New content moved from § 5.61—Uniforms and § 5.63—Insignia and 

combined. See Source 1 for additional background. 

§ 5.15 ................. Reserved ........... None—Reorganization and Clarification.Existing content moved to § 5.10 and revised for clarity. 

§ 5.16 ................. Add section ........ None—Reorganization ................. New content moved from § 5.55—Compensation and § 5.57—Traveling expenses and per diem and combined with minor edit. 

§ 5.17 ................. Revise section ... None—Reorganization and Clarification of Current Practice consistent with statute.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. 

§ 5.18 ................. 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 1, Chapter 5 Section K: Claims, Injury, or Death while 

Assigned to Duty and K.6.: Death of an Auxiliarist while Assigned 

to Duty. No new cost to the Coast Guard or Auxiliary as this is 

current practice. 

§ 5.19 ................. Revise section ... None—Reorganization ................. Existing content moved to § 5.26(b); new content moved from current § 5.17. 

§ 5.20 ................. Add section ........ None—Reorganization, revisions 

to reflect current practice.

Moved from § 5.31. The Coast Guard amends this section to remove the word ‘‘specific’’. It also implements current policy on exclusion from law enforcement responsibilities and authority of 

Auxiliarists and recognition that status and authority of Auxiliarists 

in various duty assignments may be limited compared to their 

Coast Guard counterparts. 

Remove § 5.21 ... None—Reorganization ................. Moved to § 5.12. 

§ 5.22 ................. Add section ........ None—Reorganization ................. Existing content moved to § 5.12. New content moved from § 5.27 

and 5.29 with minimal edits. 

Remove § 5.23 ... None—Reorganization ................. Moved to § 5.13. 

§ 5.24 ................. Add section ........ None—Current practice ................ Added to include information about procedures for assignment to 

duty of Auxiliarists and their facilities. This section codifies the language in the Auxiliary Manual. 

Remove § 5.25 ... None—Reorganization ................. Moved to § 5.11. 

§ 5.26 ................. Add section ........ None—Reorganization ................. New content moved from § 5.33. Added minor edited item from 

§ 5.19. 

Remove § 5.27 ... None—Reorganization ................. Moved to § 5.22. 


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TABLE 1—33 CFR PART 5 CATEGORIES AND DISCUSSION OF CHANGES—Continued 

Proposed section Category of 

change Cost impact Discussion of changes 

Remove § 5.29 ... None—Reorganization ................. Moved to § 5.22. 

§ 5.30 ................. Add section ........ None—Clarification of current 

practice.

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. 

Remove § 5.31 ... None—Reorganization ................. Moved to § 5.20. 

§ 5.32 ................. Add section ........ None—Reorganization ................. Incorporates provisions of § 5.41. 

Remove § 5.33 ... None—Reorganization ................. Moved to § 5.26. 

§ 5.34 ................. Add section ........ None—Clarification of current 

practice consistent with statute.

This section is added to address offers of use personal property of 

the Auxiliary, pursuant to 14 U.S.C. 821. Incorporates provisions 

of § 5.41. 

Remove § 5.35 ... None—Reorganization ................. Incorporated into § 5.36. 

§ 5.36 ................. Add section ........ None—Clarification of current 

practice.

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. 

Remove § 5.37 ... None—Reorganization ................. Incorporated into § 5.36. 

Remove § 5.39 ... None—Reorganization ................. Moved without change to § 5.36(b). 

§ 5.40 ................. Add section ........ None—Clarification of current 

practice.

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. 

§ 5.41 ................. Revise section ... None—Clarification of current 

practice.

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). 

§ 5.42 ................. Add section ........ None—Clarification of current 

practice.

Content moved from § 5.47. Prescribes the use of the Auxiliary ensign in accordance with Auxiliary policy. 

§ 5.43 ................. Revise section ... None—Current practice ................ Existing content moved to § 5.30. Codifies the description of the 

Auxiliary mark from the Auxiliary Manual. 

§ 5.44 ................. Add section ........ None—Clarification of current 

practice.

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. 

§ 5.45 ................. Revise section ... None—Reorganization and clarification of current practice.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. 

§ 5.46 ................. Add section ........ None—Clarification of current 

practice.

Added to address the proper use of the Auxiliary patrol ensign. 

Moved part of § 5.48 to this location. 

§ 5.47 ................. Revise section ... None—Reorganization and Current practice.Existing content moved to §§ 5.40, 5.41, and 5.42. Codifies the display of the Coast Guard ensign as described in Auxiliary policy. 

§ 5.48 ................. Revise section ... None—Reorganization and clarification of current practice.Existing content moved to §§ 5.40 and 5.46. New content added to 

address the additional markings of Auxiliary aircraft and reflect the 

allowance for Auxiliary aircraft to display the Auxiliary facility 

decal. 

Remove § 5.49 ... None—Reorganization ................. Concept moved to § 5.30. 

Remove § 5.55 ... None—Reorganization ................. Moved to § 5.16. 

Remove § 5.57 ... None—Reorganization ................. Moved to § 5.16. 

Remove § 5.59 ... None—Reorganization ................. Moved to § 5.18(b) and (c) and revised. 

Remove § 5.61 ... None—Reorganization ................. Moved to § 5.14. 

Remove § 5.63 ... None—Reorganization ................. Moved to § 5.14. 

Remove § 5.65 ... None—Current Practice ............... Internal policy in Auxiliary Manual Chapter 11, and in Coast Guard 

Medals and Awards Manual, COMDTINST M1650.25. See also 

14 U.S.C. 502. 

Remove § 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 final rule will 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 final rule will not have 

a significant economic impact on a 

substantial number of small entities. 

C. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, Public Law 104– 

121, we offered to assist small entities 


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3476 Federal Register / Vol. 80, No. 15 / Friday, January 23, 2015 / Rules and Regulations 

in understanding this rule so that they 

could better evaluate its effects on them 

and participate in the rulemaking. The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). 

D. Collection of Information 

This final rule calls 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 rule under Executive Order 13132 

and have determined that it is 

consistent with the fundamental 

federalism principles and preemption 

requirements described in Executive 

Order 13132. This rule revises and 

reorganizes Coast Guard regulations 

governing the Coast Guard Auxiliary. 

The rule is an exercise of authority 

specifically granted to the Coast Guard 

in chapters 23 and 25 of Title 14 (Coast 

Guard), U.S.C., and is a matter of 

internal administration. It does not 

prevent states from establishing local 

law enforcement, public safety, or 

response capabilities. Therefore, this 

rule does not have implications for 

federalism under Executive Order 

13132. 

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 discretionary 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 rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

G. Taking of Private Property 

This rule will 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 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 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 might 

disproportionately affect children. 

J. Indian Tribal Governments 

This 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 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. 

L. Technical Standards 

The National Technology Transfer 

and Advancement Act, codified as a 

note to 15 U.S.C. 272, directs agencies 

to use voluntary consensus standards in 

their regulatory activities unless the 

agency provides Congress, through 

OMB, 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 rule 

does not use technical standards. 

Therefore, we did not consider the use 

of voluntary consensus standards. 

M. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD 

(National Environmental Policy Act 

Implementing Procedures and Policy 

For Considering Environmental Impacts 

Manual), which guide the Coast Guard 

in complying with the National 

Environmental Policy Act of 1969, 42 

U.S.C. 4321–4370f, and have concluded 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. This 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. An environmental analysis 

checklist and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 5 

Volunteers. 

For the reasons discussed in the 

preamble, the Coast Guard revises 33 

CFR part 5 to read as follows: 

PART 5—COAST GUARD AUXILIARY 

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 Offices, titles, designations, 

qualifications, and recognition. 

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. 


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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 for use 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 sign. 

5.46 Auxiliary patrol ensign. 

5.47 Coast Guard ensign. 

5.48 Marking of aircraft. 

Authority: 14 U.S.C. 633, 821, 822, 823, 

823a, 824, 826, 827, 828, 829, 830, 831, 832, 

892. 

Subpart A—General 

§ 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 includes 

boarding a vessel for law enforcement 

purposes, carrying firearms or law 

enforcement equipment (handcuffs, 

pepper spray, etc.), investigating 

complaints of negligent operations, 

serving subpoenas, and covert 

operations. For more details see Chapter 

4.E. of the Auxiliary Operations Policy 

Manual, COMDTINST M16798.3 

(series). 

Facility 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. 

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 any water craft, 

including non-displacement craft and 

seaplanes, used, or capable of being 

used, as a means of transportation on 

water. 

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. 

(c) Auxiliary units 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 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 § 5.7 

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. 

§ 5.7 Administration, specific 

authorizations. 

(a) The Commandant may delegate 

any authority vested in him or her 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, 

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. 


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(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 Auxiliary Manual 

(Commandant Instruction 

M16790.1(series)) and the Auxiliary 

Operations Policy Manual 

(Commandant Instruction 

M16798.3(series)). Those directives and 

publications can be found online at 

http://www.uscg.mil/auxiliary/

publications/comdtinst/. 

Subpart B—Membership 

§ 5.10 Eligibility for membership. 

(a) To be eligible for membership in 

the Auxiliary, a person must— 

(1) 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 

(2) 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. 

§ 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 Offices, titles, designations, 

qualifications, and recognition. 

Members of the Auxiliary will have 

such offices, titles, designations, 

qualifications, and recognition for 

achievements as prescribed by the 

Commandant. 

§ 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. 

(a) Members of the Auxiliary are 

authorized to wear uniforms, uniform 

insignia, and awards as prescribed by 

the Commandant. Auxiliary uniform 

insignia indicate, and are solely 

associated with, Auxiliary offices, titles, 

designations, qualifications, and 

achievements. Auxiliary uniform 

insignia do not indicate rank in any 

military service or government agency. 

(b) Members of the Auxiliary may 

purchase from the Coast Guard such 

uniforms, insignia, and awards 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. 

§ 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. 

§ 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 

between a place of assigned duty and 

either the Auxiliarist’s 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 Public Law 104–208 (5 U.S.C. 8133 

Note). 

§ 5.19 Disenrollment. 

A member of the Auxiliary will be 

disenrolled on the member’s request, 

upon ceasing to possess the 

qualifications for membership, for 

cause, or upon direction of the 

Commandant. 

Subpart C—Activities, Operations, and 

Training 

§ 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 that duty’s 

execution as a member of the 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. 

§ 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. 


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Federal Register / Vol. 80, No. 15 / Friday, January 23, 2015 / Rules and Regulations 3479 

§ 5.26 Training, examination, and 

assignment. 

(a) The Commandant will prescribe, 

through the Coast Guard Auxiliary 

directives referenced in § 5.9, 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 Coast 

Guard Reserve. 

Subpart D—Facilities and Other 

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) Federal status of facilities and 

other equipment. A vessel, aircraft, or 

radio station owned by, in the custody 

of, or under the administrative 

jurisdiction of the Auxiliary will be 

considered a public vessel of the United 

States, public vessel of the Coast Guard, 

public aircraft, Coast Guard Aircraft, 

and/or government station, in 

accordance with federal law. 

(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 

referenced in § 5.9. 

(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 referenced in § 5.9. 

(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 reinventoried as of the time, date, and 

place of re-delivery, and mutually 

settled by the owner and the Coast 

Guard representative. If the vessel, 

aircraft, radio station, motorized 

vehicle, trailer, or other equipment 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 

§ 5.40 Distinctive markings for vessels, 

aircraft, motorized vehicles, trailers, radio 

stations, and other equipment. 

(a) This subpart describes the design 

and display of distinctive markings used 

by Auxiliary vessels, aircraft, motorized 

vehicles, trailers, radio stations, and 

other equipment. These markings are 

established in the directives referenced 

in § 5.9 and the U.S. Coast Guard 

Heraldry Manual (COMDTINST 

M5200.14(series)). 

(b) Auxiliary markings on vessels, 

aircraft, motorized vehicles, trailers, 

radio stations and other equipment. (1) 

Vessels, aircraft, motorized vehicles, 

trailers, radio stations, and 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, and 

other equipment which are personal 

property of the Auxiliary may be 

marked ‘‘U.S. COAST GUARD 

AUXILIARY’’, ‘‘U.S. COAST GUARD 

AUX’’, or ‘‘USCGAUX’’ in accordance 

with Coast Guard policy. 

(3) Vessels, aircraft, motorized 

vehicles, trailers, radio stations, and 

other equipment which have been 

accepted as facilities shall display the 

Auxiliary facility decal (§ 5.44). 

(4) Vessels that have been accepted as 

facilities and are on patrol, whether or 

not they are underway, shall display the 


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3480 Federal Register / Vol. 80, No. 15 / Friday, January 23, 2015 / Rules and Regulations 

National Ensign, the patrol sign (§ 5.45) 

and either the patrol ensign (§ 5.46) or 

the Coast Guard ensign (§ 5.47) as 

appropriate and able. 

(5) Vessels that have been accepted as 

facilities and are on patrol, whether or 

not they are underway, and have a Coast 

Guard commissioned, warrant, or noncommissioned officer onboard shall 

display the Coast Guard ensign in place 

of the patrol ensign. 

(c)(1) Any person who desires to 

reproduce Coast Guard Auxiliary 

markings for non-Coast Guard Auxiliary 

use must obtain approval from 

Commandant (CG–BSX–11), Attn: 

Auxiliary Division, U.S. Coast Guard 

Stop 7501, 2703 Martin Luther King Jr. 

Ave. SE., Washington, DC 20593–7501. 

(2) Unauthorized use of Auxiliary 

markings is subject to the penalties of 14 

U.S.C. 638, 639 and 892. 

§ 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. 

§ 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 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. 

§ 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 § 5.41, is 

centered in the diagonal blue stripe. 

(b) Display. The Auxiliary mark is 

used to identify personal property of the 

Auxiliary and on Coast Guard Auxiliary 

authorized publications, stationery, 

jewelry, and similar items. 

§ 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 viewer’s right. 

The red (Coast Guard red) slash is 

followed, on the viewer’s left, 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 viewer’s right 

and followed, on the viewer’s left, 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, 

motorized vehicles, trailers, radio 

stations and other equipment accepted 

for use by the Coast Guard must display 

the Auxiliary facility decal as 

authorized in the Auxiliary Operations 

Policy Manual referenced in § 5.9. 

(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-toport 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, 

and the full-size decal must be 

displayed 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. 

(4) On motorized vehicles, trailers and 

other equipment, the decal must be 

displayed on a clearly visible exterior 

location. 

§ 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 on patrol, 

whether or not the vessel is underway. 

(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 

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 ensign. 

(a) Description. The field of the 

Auxiliary patrol 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. Vessels that have been 

accepted as facilities shall display the 

Auxiliary patrol ensign when on patrol, 

whether or not the vessel is underway. 

The Auxiliary patrol ensign must be 

displayed at the mast head or from the 

most conspicuous hoist. 

§ 5.47 Coast Guard ensign. 

(a) Description. The Coast Guard 

ensign is described in 33 CFR 23.15. 

(b) Display. Vessels that have been 

accepted as facilities and that have a 

Coast Guard commissioned, warrant or 

non-commissioned officer onboard shall 

display the Coast Guard ensign in place 

of the Auxiliary patrol ensign while on 

patrol, whether or not the vessel is 

underway. The Coast Guard ensign must 

be displayed at the mast head or from 

the most conspicuous hoist. 

§ 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 are 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. 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 80, No. 15 / Friday, January 23, 2015 / Rules and Regulations 3481 

Dated: January 16, 2015. 

J.C. Burton, 

Captain, U.S. Coast Guard, Director of 

Inspections and Compliance. 

[FR Doc. 2015–01045 Filed 1–22–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2013–0226; FRL–9914–77] 

Flupyradifurone; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of 

flupyradifurone in or on multiple 

commodities which are identified and 

discussed later in this document. Bayer 

CropScience requested these tolerances 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

January 23, 2015. Objections and 

requests for hearings must be received 

on or before March 24, 2015, and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2013–0226, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Susan Lewis, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; main telephone 

number: (703) 305–7090; email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

site at http://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/

40tab_02.tpl. To access the OCSPP test 

guidelines referenced in this document 

electronically, please go to http://

www.epa.gov/ocspp and select ‘‘Test 

Methods and Guidelines.’’ 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2013–0226 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before March 24, 2015. Addresses for 

mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2013–0226, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be CBI or 

other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at 

http://www.epa.gov/dockets. 

II. Summary of Petitioned-For 

Tolerance 

In the Federal Register of June 5, 2013 

(78 FR 33785) (FRL–9386–2), EPA 

issued a document pursuant to FFDCA 

section 408(d)(3), 21 U.S.C. 346a(d)(3), 

announcing the filing of a pesticide 

petition (PP 2F8101) by Bayer 

CropScience LP, 2 T.W. Alexander Dr., 

P.O. Box 12014, Research Triangle Park, 

NC 27709. The petition requested that 

40 CFR part 180 be amended by 

establishing tolerances for residues of 

flupyradifurone, 4-[[(6-chloro-3- 

pyridinyl)methyl](2,2- 

difluoroethyl)amino]-2(5H)-furanone, 

and its metabolites, difluoro acetic acid 

(DFA) and 4-[(2,2- 

difluoroethyl)amino]furan-2(5H)-one 

(DFEAF), in or on the following 

commodities: Aspirated grains fractions 

at 40 parts per million (ppm); root 

vegetables except sugar beets (crop 

subgroup 1B) at 1.5 ppm; tuberous and 

corm vegetables (crop subgroup 1C) at 

0.5 ppm; onion, bulb, subgroup, (crop 

subgroup 3–07A) at 0.3 ppm; onion, 

green, subgroup, (crop subgroup 3–07B) 

at 3 ppm; leafy vegetable, except 

Brassica vegetables (crop group 4) at 40 

ppm; taro leaves at 40 ppm; head and 

stem Brassica (crop subgroup 5A) at 6 

ppm; leafy Brassica greens (crop 

subgroup 5B) at 40 ppm; turnip greens 

at 40 ppm; edible-podded legume 

vegetables (crop subgroup 6A) at 5 ppm; 

succulent, shelled pea and bean (crop 

subgroup 6B) at 4 ppm; dried, shelled 

pea and bean (except soybean) (crop 

subgroups 6C) at 6 ppm; foliage of 

legume vegetables, including soybeans 

(crop group 7), forage, green vines at 40 

ppm; foliage of legume vegetables, 

including soybeans (crop group 7), hay 

at 50 ppm; soybean, seed at 4 ppm; 


emcdonald on DSK67QTVN1PROD with RULES