[Federal Register Volume 80, Number 15 (Friday, January 23, 2015)]
[Rules and Regulations]
[Pages 3470-3481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01045]


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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.

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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

[[Page 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 <a href="/cdn-cgi/l/email-protection#f39b8280de9794de9ede909492868b81969480b386809094dd9e9a9f"><span class="__cf_email__" data-cfemail="cfa7bebce2aba8e2a2e2aca8aebab7bdaaa8bc8fbabcaca8e1a2a6a3">[email protected]</span></a>. 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
Sec.  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 Sec.  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

[[Page 3472]]

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 Sec.  5.40. 
First, the Coast Guard is amending Sec.  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 Sec.  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 Sec.  5.40(b) (and in Sec. Sec.  5.45, 
5.46, and 5.47, which mirror the language of Sec.  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 Sec.  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 Sec. Sec.  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

[[Page 3473]]

a separate system from the insignia associated with military rank. This 
change is a clarification of the proposed regulatory text and reflects 
a long-standing policy.
    The Coast Guard is making these changes to Sec. Sec.  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 Sec.  5.1 and the rules for uniforms 
and insignia in Sec. Sec.  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 Sec.  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 re-organizes 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.

[[Page 3474]]



                           Table 1--33 CFR Part 5 Categories and Discussion of Changes
----------------------------------------------------------------------------------------------------------------
          Proposed section             Category of change          Cost impact          Discussion of changes
----------------------------------------------------------------------------------------------------------------
Sec.   5.1.........................  Revise section........  None--Administrative    Revises the definition of
                                                              revisions made          ``Act'' to ``Auxiliary
                                                              consistent with         Act'' and to include
                                                              statutory changes.      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''.
Sec.   5.3.........................  Revise section........  None--Administrative    Discusses Auxiliary purpose
                                                              revisions made          and scope of activities to
                                                              consistent with         conform to language in 14
                                                              statutory changes.      U.S.C. 822, as amended in
                                                                                      1996.
Sec.   5.5.........................  Revise and expand       None--Clarification of  Added to clarify non-
                                      section.                existing law.           military nature of
                                                                                      Auxiliary and composition
                                                                                      of elected and appointed
                                                                                      officers.
Sec.   5.7.........................  Revise section........  None..................  Describes Commandant's
                                                                                      authority to redelegate to
                                                                                      the Auxiliary and existing
                                                                                      delegations.
Sec.   5.9.........................  Revise section........  None--Reorganization    Existing contents covered
                                                              and revision to         in new Sec.   5.10. New
                                                              reflect current         content establishes
                                                              practice.               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.
Sec.   5.10........................  Add section...........  None--Removes Barrier   New content moved from Sec.
                                                              to Entry.                 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.
Sec.   5.11........................  Revise section........  None--Reorganization..  Existing content removed as
                                                                                      redundant of 14 U.S.C.
                                                                                      825; new content moved
                                                                                      with minor edits from Sec.
                                                                                        5.25.
Sec.   5.12........................  Add section...........  None--Reorganization..  New content moved with
                                                                                      minor edits from Sec.
                                                                                      5.21.
Sec.   5.13........................  Revise section........  None--Reorganization..  Existing content covered by
                                                                                      Sec.   5.10 and published
                                                                                      in the Auxiliary Manual,
                                                                                      Chapter 3A. New content
                                                                                      moved with minor edits
                                                                                      from Sec.   5.23.
Sec.   5.14........................  Add section...........  None--Reorganization..  New content moved from Sec.
                                                                                        5.61--Uniforms and Sec.
                                                                                       5.63--Insignia and
                                                                                      combined. See Source 1 for
                                                                                      additional background.
Sec.   5.15........................  Reserved..............  None--Reorganization    Existing content moved to
                                                              and Clarification.      Sec.   5.10 and revised
                                                                                      for clarity.
Sec.   5.16........................  Add section...........  None--Reorganization..  New content moved from Sec.
                                                                                        5.55--Compensation and
                                                                                      Sec.   5.57--Traveling
                                                                                      expenses and per diem and
                                                                                      combined with minor edit.
Sec.   5.17........................  Revise section........  None--Reorganization    Existing content moved to
                                                              and Clarification of    Sec.   5.19. New content
                                                              Current Practice        added to clarify the
                                                              consistent with         status of Auxiliarists as
                                                              statute.                Federal employees only as
                                                                                      provided for by 14 U.S.C.
                                                                                      823a.
Sec.   5.18........................  Add section...........  None--Clarification of  Added to clarify the
                                                              Current Practice.       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.
Sec.   5.19........................  Revise section........  None--Reorganization..  Existing content moved to
                                                                                      Sec.   5.26(b); new
                                                                                      content moved from current
                                                                                      Sec.   5.17.
Sec.   5.20........................  Add section...........  None--Reorganization,   Moved from Sec.   5.31. The
                                                              revisions to reflect    Coast Guard amends this
                                                              current practice.       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 Sec.   5.21....  None--Reorganization..  Moved to Sec.   5.12.
Sec.   5.22........................  Add section...........  None--Reorganization..  Existing content moved to
                                                                                      Sec.   5.12. New content
                                                                                      moved from Sec.   5.27 and
                                                                                      5.29 with minimal edits.
                                     Remove Sec.   5.23....  None--Reorganization..  Moved to Sec.   5.13.
Sec.   5.24........................  Add section...........  None--Current practice  Added to include
                                                                                      information about
                                                                                      procedures for assignment
                                                                                      to duty of Auxiliarists
                                                                                      and their facilities. This
                                                                                      section codifies the
                                                                                      language in the Auxiliary
                                                                                      Manual.
                                     Remove Sec.   5.25....  None--Reorganization..  Moved to Sec.   5.11.
Sec.   5.26........................  Add section...........  None--Reorganization..  New content moved from Sec.
                                                                                        5.33. Added minor edited
                                                                                      item from Sec.   5.19.
                                     Remove Sec.   5.27....  None--Reorganization..  Moved to Sec.   5.22.

[[Page 3475]]

 
                                     Remove Sec.   5.29....  None--Reorganization..  Moved to Sec.   5.22.
Sec.   5.30........................  Add section...........  None--Clarification of  New section with
                                                              current practice.       clarification of
                                                                                      facilities' duty status.
                                                                                     Clarification of
                                                                                      facilities' liability
                                                                                      status, in accordance with
                                                                                      14 U.S.C. 821(d)(2).
                                                                                     New section to clarify
                                                                                      expense reimbursement
                                                                                      using concepts from
                                                                                      current Sec.   5.49.
                                     Remove Sec.   5.31....  None--Reorganization..  Moved to Sec.   5.20.
Sec.   5.32........................  Add section...........  None--Reorganization..  Incorporates provisions of
                                                                                      Sec.   5.41.
                                     Remove Sec.   5.33....  None--Reorganization..  Moved to Sec.   5.26.
Sec.   5.34........................  Add section...........  None--Clarification of  This section is added to
                                                              current practice        address offers of use
                                                              consistent with         personal property of the
                                                              statute.                Auxiliary, pursuant to 14
                                                                                      U.S.C. 821. Incorporates
                                                                                      provisions of Sec.   5.41.
                                     Remove Sec.   5.35....  None--Reorganization..  Incorporated into Sec.
                                                                                      5.36.
Sec.   5.36........................  Add section...........  None--Clarification of  New provision on how member-
                                                              current practice.       owned or unit-owned
                                                                                      property can be loaned to
                                                                                      the Coast Guard (no
                                                                                      Auxiliarists onboard).
                                                                                      Incorporates provisions
                                                                                      from current Sec.  Sec.
                                                                                      5.35, 5.37, 5.39, 5.41,
                                                                                      and 5.45.
                                     Remove Sec.   5.37....  None--Reorganization..  Incorporated into Sec.
                                                                                      5.36.
                                     Remove Sec.   5.39....  None--Reorganization..  Moved without change to
                                                                                      Sec.   5.36(b).
Sec.   5.40........................  Add section...........  None--Clarification of  Added this new section on
                                                              current practice.       facility markings to
                                                                                      ensure clarity for both
                                                                                      the Auxiliary and public
                                                                                      regarding the
                                                                                      identification of
                                                                                      Auxiliary vessels,
                                                                                      aircraft, motorized
                                                                                      vehicles, trailers, radio
                                                                                      stations, and other
                                                                                      equipment when assigned to
                                                                                      Coast Guard duty.
Sec.   5.41........................  Revise section........  None--Clarification of  Concept of existing section
                                                              current practice.       moved to Sec.  Sec.
                                                                                      5.32(c), 5.34(c), and
                                                                                      5.36(c). Added language to
                                                                                      describe the Auxiliary
                                                                                      emblem and discuss when it
                                                                                      can be worn and used.
                                                                                      Paragraph (b) moved from
                                                                                      section Sec.   5.47(c).
Sec.   5.42........................  Add section...........  None--Clarification of  Content moved from Sec.
                                                              current practice.       5.47. Prescribes the use
                                                                                      of the Auxiliary ensign in
                                                                                      accordance with Auxiliary
                                                                                      policy.
Sec.   5.43........................  Revise section........  None--Current practice  Existing content moved to
                                                                                      Sec.   5.30. Codifies the
                                                                                      description of the
                                                                                      Auxiliary mark from the
                                                                                      Auxiliary Manual.
Sec.   5.44........................  Add section...........  None--Clarification of  Added to prescribe the use
                                                              current practice.       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.
Sec.   5.45........................  Revise section........  None--Reorganization    Concept of existing section
                                                              and clarification of    moved to Sec.   5.36(a).
                                                              current practice.       Added new content to
                                                                                      describe the use of
                                                                                      Auxiliary patrol signs as
                                                                                      distinctive markings for
                                                                                      vessels, motorized
                                                                                      vehicles, and trailers
                                                                                      when assigned to duty.
Sec.   5.46........................  Add section...........  None--Clarification of  Added to address the proper
                                                              current practice.       use of the Auxiliary
                                                                                      patrol ensign. Moved part
                                                                                      of Sec.   5.48 to this
                                                                                      location.
Sec.   5.47........................  Revise section........  None--Reorganization    Existing content moved to
                                                              and Current practice.   Sec.  Sec.   5.40, 5.41,
                                                                                      and 5.42. Codifies the
                                                                                      display of the Coast Guard
                                                                                      ensign as described in
                                                                                      Auxiliary policy.
Sec.   5.48........................  Revise section........  None--Reorganization    Existing content moved to
                                                              and clarification of    Sec.  Sec.   5.40 and
                                                              current practice.       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 Sec.   5.49....  None--Reorganization..  Concept moved to Sec.
                                                                                      5.30.
                                     Remove Sec.   5.55....  None--Reorganization..  Moved to Sec.   5.16.
                                     Remove Sec.   5.57....  None--Reorganization..  Moved to Sec.   5.16.
                                     Remove Sec.   5.59....  None--Reorganization..  Moved to Sec.   5.18(b) and
                                                                                      (c) and revised.
                                     Remove Sec.   5.61....  None--Reorganization..  Moved to Sec.   5.14.
                                     Remove Sec.   5.63....  None--Reorganization..  Moved to Sec.   5.14.
                                     Remove Sec.   5.65....  None--Current Practice  Internal policy in
                                                                                      Auxiliary Manual Chapter
                                                                                      11, and in Coast Guard
                                                                                      Medals and Awards Manual,
                                                                                      COMDTINST M1650.25. See
                                                                                      also 14 U.S.C. 502.
                                     Remove Sec.   5.69....  None--Duplicative.....  Duplicative of 14 U.S.C.
                                                                                      893.
----------------------------------------------------------------------------------------------------------------
Source 1 Auxiliary Manual COMDTINST M16790.1 (series).
Source 2 Auxiliary Operations Policy Manual COMDTINST M16798.3 (series).

B. Small Entities

    Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have 
considered whether this 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

[[Page 3476]]

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.

[[Page 3477]]

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


Sec.  5.1  Definitions.

    Certain terms used in this part are defined as follows:
    Aircraft means any contrivance now known or hereafter invented, 
used, or designed for navigation of or flight in the air.
    Auxiliary means the United States Coast Guard Auxiliary established 
pursuant to the Auxiliary Act.
    Auxiliary Act means the laws governing the Coast Guard Auxiliary, 
codified in chapters 23 and 25 of Title 14, United States Code (14 
U.S.C. 821-894).
    Commandant means the Commandant of the United States Coast Guard.
    Direct Law Enforcement 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.


Sec.  5.3  Purpose.

    (a) The Auxiliary is a uniformed, volunteer, non-military 
organization administered by the Commandant under the direction of the 
Secretary.
    (b) The purpose of the Auxiliary is to assist the Coast Guard, as 
authorized by the Commandant, in performing any Coast Guard function, 
power, duty, role, mission, or operation authorized by law.
    (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.


Sec.  5.5  Organization, officers, and leadership.

    (a) The Coast Guard Auxiliary is organized pursuant to the 
Auxiliary Act and Coast Guard regulations. Organizational elements 
include a national board and staff, national leadership, areas, 
districts, regions, divisions, and flotillas. A flotilla is the basic 
organizational unit of the Auxiliary.
    (b) The Auxiliary has elected and appointed officers.
    (1) Elected officers are in charge of Auxiliary units and elements 
at both the national and local levels of the Auxiliary organization. 
The Unit Leader is the senior elected officer at each level of the 
Auxiliary organization: Flotilla Commanders, Division Commanders, 
District Commodores, and the National Commodore are unit leaders.
    (2) Appointed officers are appointed by elected officers and hold 
staff positions in Auxiliary units at both the national and local 
levels of the Auxiliary organization.
    (c) For all Auxiliary units, the Unit Leader is the person 
authorized to exercise the authority set forth in Sec.  5.7 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.


Sec.  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.

[[Page 3478]]

    (c) The national board of the Auxiliary may form a corporation 
under State law and Coast Guard policy to manage the Auxiliary's fiscal 
affairs. The national corporation may--
    (1) Hold copyrights, trademarks, and titles to Auxiliary property;
    (2) Contract with the Coast Guard and other Federal, State, and 
municipal agencies to procure such goods and services;
    (3) Receive grants, gifts, and other items on behalf of the 
Auxiliary; and
    (4) Conduct other activities as may be authorized by the 
Commandant.
    (d) An Auxiliary district or region may form a corporation under 
State law and Coast Guard policy.


Sec.  5.9  References.

    Further guidance on Auxiliary missions and activities may be found 
in Coast Guard directives and publications, including the 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


Sec.  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.


Sec.  5.11  Honorary members.

    The Commandant may grant any person honorary membership in the 
Auxiliary. An honorary member of the Auxiliary, solely by reason of 
such honorary membership, is not entitled to any of the rights, 
benefits, privileges, duties, or obligations of Auxiliary membership.


Sec.  5.12  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.


Sec.  5.13  Advancement.

    The Commandant will prescribe the circumstances and qualifications 
under which members of the Auxiliary may be advanced in offices and 
programs.


Sec.  5.14  Uniforms and insignia.

    (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.


Sec.  5.15  [Reserved]


Sec.  5.16  Compensation and travel expenses.

    (a) Except as provided in paragraph (b) of this section, no member 
of the Auxiliary will receive any compensation for services as a member 
of the Auxiliary.
    (b) A member of the Auxiliary may be paid actual necessary 
travelling expenses, including a per diem allowance.


Sec.  5.17  Status of members as Federal employees.

    Members of the Auxiliary are not considered Federal employees 
except as provided by 14 U.S.C. 823a or other provisions of law.


Sec.  5.18  Injury or death in the line of duty.

    (a) The performance of duty, as the term is used in this part, 
includes time spent in the performance of duty, travel between duty 
locations, and travel 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).


Sec.  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


Sec.  5.20  Authority.

    (a) Except as provided in paragraphs (b) and (c) of this section, 
or otherwise limited by the Commandant, members of the Auxiliary 
assigned to duty will have the same authority in 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.


Sec.  5.22  Assignment to duties.

    Members of the Auxiliary will not be assigned duties until they 
have been found to be competent to perform such duties and have been 
designated by authority of the Commandant to perform such duties.


Sec.  5.24  Procedure for assignment to duty.

    Members and facilities may be assigned to duty by any of the 
following procedures:
    (a) Verbal or written orders issued by competent Coast Guard 
authority;
    (b) The actual performance of an authorized activity or mission by 
a qualified member of the Auxiliary; or
    (c) Other procedures as designated by the Commandant.

[[Page 3479]]

Sec.  5.26  Training, examination, and assignment.

    (a) The Commandant will prescribe, through the Coast Guard 
Auxiliary directives referenced in Sec.  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 distance-learning courses conducted by the 
Coast Guard Institute or other authorized Coast Guard providers and to 
attend other courses and training available to members of the Coast 
Guard or Coast Guard Reserve.

Subpart D--Facilities and Other Equipment


Sec.  5.30  Facilities and other equipment.

    (a) This subpart contains regulations related to the facilities and 
other equipment used by the Auxiliary or loaned by the Auxiliary to the 
Coast Guard.
    (b) Status--(1) Duty. Personal property of the Auxiliary, except 
when used for other than Auxiliary purposes in accordance with 14 
U.S.C. 822, will be considered assigned to authorized Coast Guard duty 
at all times.
    (2) Liability. Personal property of the Auxiliary, except when used 
for other than Auxiliary purposes in accordance with 14 U.S.C. 822, 
will be treated as property of the United States for the purposes of 
the Federal Tort Claims Act, the Military Claims Act, the Public 
Vessels Act, the Suits in Admiralty Act, the Admiralty Extension Act, 
and other matters related to non-contractual civil liability. Personal 
property of the Auxiliary is not normally covered for damage to the 
property itself.
    (3) 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.


Sec.  5.32  Offers of member-owned vessels, aircraft, radio stations, 
motorized vehicles, trailers, and other equipment for use as a 
facility.

    (a) Members of the Auxiliary wishing to offer vessels, aircraft, 
radio stations, motorized vehicles, trailers, or other equipment for 
use as a facility must follow the procedures set forth in the Auxiliary 
Operations Policy Manual referenced in Sec.  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.


Sec.  5.34  Offers of personal property of the Auxiliary for use as a 
facility.

    (a) Auxiliary units wishing to offer personal property of the 
Auxiliary (usually unit-owned property) for use as a facility must 
follow the procedures set forth in the Auxiliary Operations Policy 
Manual referenced in Sec.  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.


Sec.  5.36  Loan of vessels, aircraft, radio stations, motorized 
vehicles, trailers, or other equipment to the Coast Guard.

    (a) A vessel, aircraft, radio station, motorized vehicle, trailer, 
or other equipment may be loaned to the Coast Guard for a specific 
period, and must be returned at the expiration of that period, unless 
circumstances or an emergency make the return impracticable at that 
time. The Commandant will determine the method, time, and documents to 
be exchanged upon the return to the owner of any facility. The property 
will be re-inventoried as of the time, date, and place of re-delivery, 
and mutually settled by the owner and the Coast Guard representative. 
If the vessel, 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


Sec.  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 Sec.  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 (Sec.  5.41), the Auxiliary ensign (Sec.  5.42), 
and/or the Auxiliary mark (Sec.  5.43).
    (2) Vessels, aircraft, motorized vehicles, trailers, radio 
stations, 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 (Sec.  5.44).
    (4) Vessels that have been accepted as facilities and are on 
patrol, whether or not they are underway, shall display the

[[Page 3480]]

National Ensign, the patrol sign (Sec.  5.45) and either the patrol 
ensign (Sec.  5.46) or the Coast Guard ensign (Sec.  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 non-commissioned 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.


Sec.  5.41  Auxiliary emblem.

    (a) Description. The Auxiliary emblem consists of a disk with the 
shield of the Coat of Arms of the United States circumscribed by an 
annulet edged and inscribed ``U.S. COAST GUARD AUXILIARY'', all in 
front of two crossed anchors.
    (b) Display. The Auxiliary emblem is used as identification on 
Auxiliary ensigns, flags, pennants, decals, and patrol signs. The 
emblem is used on Auxiliary insignia, such as the member collar device, 
cap device, and Auxiliary aviator, coxswain, and Auxiliary Operator 
(AUXOP) devices, and on publications, stationery, clothing, and 
jewelry.


Sec.  5.42  Auxiliary ensign.

    (a) Description. The field of the Auxiliary ensign is medium blue 
(Coast Guard blue) with a broad diagonal white slash upon which a 
matching blue Coast Guard Auxiliary emblem is centered. The white slash 
must be at a 70 degree angle, rising away from the hoist.
    (b) Display. The Auxiliary ensign may be displayed by any member of 
the Auxiliary on a vessel, aircraft, radio station, building, or other 
location at any time, under such conditions as the Commandant may 
direct.


Sec.  5.43  Auxiliary mark.

    (a) Description. The Auxiliary mark consists of a broad diagonal 
blue stripe followed (to the left or aft) by two narrow stripes--first 
a white stripe, and then a red stripe. The Auxiliary emblem, as 
described in Sec.  5.41, 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.


Sec.  5.44  Auxiliary facility decal.

    (a) Description. The Auxiliary facility decal is composed of two 
parts. The upper part is a conventional white shield with a medium blue 
(Coast Guard blue) Coast Guard Auxiliary emblem centered on a broad 
diagonal red (Coast Guard red) slash which is at a 70 degree angle, 
rising toward the 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 Sec.  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-to-port situation.
    (2) On aircraft, the decal must be displayed on the pilot's side of 
the forward half of the aircraft.
    (3) On radio facilities, the miniature decal must be displayed on 
the radio, 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.


Sec.  5.45  Patrol sign.

    (a) Description. The Auxiliary facility patrol sign has the words 
``Coast Guard Auxiliary Patrol'' in black or dark blue lettering and 
must contain the Auxiliary emblem, as described in this subpart, 
centered within the confines of a broad diagonal red (Coast Guard red) 
stripe which is at a 70 degree angle rising toward the bow of the 
vessel. The red (Coast Guard red) stripe is followed, away from the 
bow, by two narrow, parallel stripes--first a white stripe, and then a 
medium blue (Coast Guard blue) stripe. The background of the sign must 
be white.
    (b) Display. (1) The patrol sign must be displayed by vessels while 
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.


Sec.  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.


Sec.  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.


Sec.  5.48  Marking of aircraft.

    (a) Aircraft owned by members of the Auxiliary or that are personal 
property of the Auxiliary may also display the Auxiliary emblem on both 
sides of the vertical stabilizer (outside of the stabilizer for twin 
tail aircraft) or on both sides of the fuselage aft of the wing.
    (b) Aircraft which are accepted as facilities may be marked with 
the Auxiliary mark (Sec.  5.43) and/or the word ``RESCUE'' on the 
underside of the wing or fuselage for easier identification from the 
ground.


[[Page 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


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