[Federal Register Volume 78, Number 91 (Friday, May 10, 2013)]
[Proposed Rules]
[Pages 27321-27335]
[FR Doc No: 2013-10882]

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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise and reorganize the
regulations that govern the operation and administration of the Coast
Guard Auxiliary, a uniformed, volunteer, non-military organization
chartered by Congress. The proposed changes would conform the
regulatory language to changes in the laws governing the Coast Guard
Auxiliary, clarify the Auxiliary's organization, status, and role in
Coast Guard operations, and update provisions on liability protection
for Auxiliary members assigned to Coast Guard duty.

DATES: Comments and related material must either be submitted to our
online docket via http://www.regulations.gov on or before August 8,
2013 or reach the Docket Management facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
1999-6712 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section

below for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Mr. Stephen Minutolo, CG-BSX-11, U.S. Coast Guard
Headquarters, 2100 2nd St. SW., Stop 7581, Washington, DC 20593-7581;
telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Barbara
Hairston, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy Act
    D. Public Meeting
II. Abbreviations
III. Background
IV. Discussion of Proposed Rule
V. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.

A. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-1999-6712), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online, or by fax, mail or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so that the Coast Guard can contact you if the Coast Guard has
questions regarding your submission.
    To submit your comments online, go to http://www.regulations.gov.
Insert ``USCG-1999-6712'' in the Search box and click ``Search.'' Click
on the ``Comment Now'' button next on the line with this document.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope.
    We will consider all comments and material received during the
comment period. The Coast Guard may change this proposed rule in view
of your comments.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
insert ``USCG-1999-6712'' in the Search box and click ``Search.'' Click
on the ``Open Docket Folder'' link and click on each comment or
document you would like to view. If you do not have access to the
Internet, you may view the docket by visiting the Docket Management
Facility in Room W12-140 on the ground floor of the Department of
Transportation West Building, 1200 New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. We have an agreement with the Department of
Transportation to use the Docket Management Facility.

C. Privacy Act

    Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).

D. Public Meeting

    We do not now plan to hold a public meeting, but you may submit a
request for one to the docket using one of the methods specified under
ADDRESSES. In your request, explain why you believe a public meeting
would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.

II. Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
Pub. L. Public Law
Sec.  Section symbol
SAMA Standard Auxiliary Maintenance Allowance
U.S.C. United States Code
USCG United States Coast Guard
1996 Act The Coast Guard Authorization Act of 1996

III. Background

    This proposed rule would revise and reorganize the regulations
governing the Coast Guard Auxiliary. The Coast Guard Auxiliary
regulations were last updated in 2003 (68 FR 9534, Feb 28, 2003) and
1996 (61 FR 33662, June 28, 1996), but these changes did not address
all of the legislative changes being addressed in this proposed rule.
Through this proposed rule, the Coast Guard would update the
regulations in accordance with recent legislation; clarify Auxiliary
powers, duties, and organization; amend provisions regarding Auxiliary
membership; and address other administrative matters. These changes
would address several problems common to Auxiliary units.
    First, this proposed rule is necessary to conform Coast Guard
regulations to current law. The following changes to the Auxiliary's
governing statutes, codified at Title 14, Chapter 23 of the U.S. Code
(collectively referred to in this document as ``legislative changes'')
are addressed by this rulemaking:
     The Coast Guard and Maritime Transportation Act of 2012
(Pub. L. 112-213) section 215, extending eligibility for Auxiliary
membership to nationals of the United States and aliens lawfully
admitted for permanent residence.
     The Coast Guard and Maritime Transportation Act of 2006
(Pub. L. 109-241) section 208, authorizing the Auxiliary to use motor
vehicles in support of Auxiliary functions and duties.
     The Coast Guard and Maritime Transportation Act of 2004
(Pub. L. 108-293), section 226, allowing personal property of the
Auxiliary to be treated as United States property for liability
purposes.
     The Maritime Transportation Security Act of 2002 (Pub. L.
107-295), section 415, authorizing payment of a death gratuity to
Auxiliary members who died in the line of duty.
     The Coast Guard Authorization Act of 1996 (Pub. L. 104-
324) (``The 1996 Act'') authorizing the Auxiliary organizational
structure, extending civil liability protection to Auxiliary units and
members, and authorizing the Auxiliary to form a corporation. The 1996
Act also redefined the purpose of

the Auxiliary, ``to assist the Coast Guard . . . in performing any
Coast Guard function. . . . '' The previous definition enumerated
specific missions (promoting safety, effecting rescues, promoting
efficiency in the operation of motorboats and yachts, and fostering
wider knowledge of boating laws), along with a catch-all provision
(``facilitate other operations of the Coast Guard.'').
     The Coast Guard Authorization Act of 1986 (Pub L. 99-640)
authorized the payment of interest on reimbursement claims.
     In 2006, conforming amendments to 14 U.S.C. 821(b) and
823a(b) in The Act to Complete the Codification of Title 46, United
States Code, ``Shipping,'' as Positive Law (Pub. L. 109-304) made non-
substantive, editorial changes to 14 U.S.C. 821(b) and 823a(b).
    Second, this proposed rule would clarify the organization of the
Auxiliary and the authority given to Auxiliary units and officers to
conduct Auxiliary business. This change is necessary to help Auxiliary
units interact with commercial service providers, such as banks and
insurance companies, who may be reluctant to enter into a business
relationship with an Auxiliary unit without a better understanding of
the nature of the Auxiliary and its relationship with the regular Coast
Guard.
    Third, the proposed rule would clarify for operational commanders
the Auxiliary's ability to participate in Coast Guard operations and to
work with other federal, state and local agencies.
    Finally, this proposed rule would reorganize the Auxiliary
regulations by eliminating unnecessary sections and organizing 33 CFR
part 5 into five subject-oriented subparts, making it easier to find
regulations about particular topics.
    Consistent with these objectives, the Coast Guard proposes to
revise and reorganize the regulations at 33 CFR part 5.

IV. Discussion of Proposed Rule

    This discussion provides both a summary and a section-by-section
analysis of proposed changes to regulations in 33 CFR part 5.
Generally, existing sections are removed entirely, revised, or moved to
another section (where they may be revised or combined with other
provisions). Added sections are entirely new numbers and headings;
these sections do not exist in the current 33 CFR part 5. Removed
sections exist in the current 33 CFR part 5 but not in the proposed
rule. Provisions that are merely restatements of existing law will be
removed from the regulations. Revised sections exist in the current 33
CFR part 5, but are being changed in the proposed rule. Often some or
all of the contents of the section are exported to another section;
these are identified as moved.
    Tables 1A and 1B describe the proposed distribution and deletion of
existing sections and the derivation of proposed new sections.
    Table 1A is a distribution table. Table 1A describes what will
happen to each section of the current regulations under the proposed
rule. For example, the third row of Table 1A tells the reader that, in
the proposed rule, Sec.  5.05 will be moved to Sec.  5.3(a) and how the
text will change.
    Table 1B is a derivation table. Table 1B describes where the
provisions of the proposed regulations came from. For example, the
sixth row of Table 1B tells the reader the language of Sec.  5.10 came
from Sec. Sec.  5.09, 5.13 and 5.15. If, for any section there is no
text in the second column, that means the proposed text is new and
unrelated to the contents of the existing section. To see where the
content of the existing section moved, see Table 1A.

                      Table 1A--Distribution Table
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                                                    Summary of proposed
    Existing (old) section        Proposed (new)    changes to existing
                                     section              section
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Sec.   5.01...................  Sec.   5.1.......  Added definitions for
                                                    ``Auxiliary Act'',
                                                    ``Direct law
                                                    enforcement'',
                                                    ``Personal property
                                                    of the Auxiliary''.
                                                    Amended the
                                                    definitions for
                                                    ``Facility or
                                                    facilities'',
                                                    ``Radio station'',
                                                    and ``Secretary''.
Sec.   5.03...................  Revised.
Sec.   5.05...................  Moved to Sec.      Added ``uniformed.''
                                 5.3(a).
Sec.   5.07...................  Sec.   5.7.......  Revised. Added new
                                                    provisions.
Sec.   5.09...................  Moved to Sec.      Revised. Eliminated
                                 5.10.              minimum age
                                                    requirement and 25
                                                    percent ownership
                                                    requirement. Added
                                                    eligibility for U.S.
                                                    nationals and aliens
                                                    lawfully admitted
                                                    for permanent
                                                    residence.
Sec.   5.11...................  Removed.
Sec.   5.13...................  Removed.
Sec.   5.15...................  Moved to Sec.      Revised.
                                 5.10(b).
Sec.   5.17...................  Moved to Sec.
                                 5.19.
Sec.   5.19...................  Moved to Sec.      Revised.
                                 5.26(b).
Sec.   5.21...................  Moved to Sec.
                                 5.12.
Sec.   5.23...................  Moved to Sec.
                                 5.13.
Sec.   5.25...................  Moved to Sec.
                                 5.11.
Sec.   5.27...................  Moved to Sec.      Revised.
                                 5.22.
Sec.   5.29...................  Removed.
Sec.   5.31...................  Moved to Sec.      Revised.
                                 5.20(a).
Sec.   5.33...................  Moved to Sec.
                                 5.26(a).
Sec.   5.35...................  Moved to Sec.      Revised.
                                 5.36.
Sec.   5.37...................  Moved to Sec.      Revised.
                                 5.36.
Sec.   5.39...................  Moved to Sec.
                                 5.36(b).
Sec.   5.41...................  Moved to Sec.      Revised.
                                 Sec.   5.32(c),
                                 5.34(c) and
                                 5.36(c).
Sec.   5.43...................  Moved to Sec.      Revised.
                                 5.30(b)(3).
Sec.   5.45...................  Moved to Sec.
                                 5.36(a).
Sec.   5.47(a)................  Moved to Sec.
                                 5.42(b).
Sec.   5.47(b)................  Moved to Sec.
                                 5.42(a).
Sec.   5.47(c)................  Moved to Sec.
                                 5.41(a).
Sec.   5.48(a)................  Moved to Sec.
                                 5.40(c)(2).
Sec.   5.48(b)................  Moved to Sec.
                                 5.46(a).
Sec.   5.49...................  Moved to Sec.      Revised.
                                 5.30(c)(1).

Sec.   5.55...................  Moved to Sec.
                                 5.16(a).
Sec.   5.57...................  Moved to Sec.
                                 5.16(b).
Sec.   5.59...................  Moved to Sec.      Revised.
                                 5.18(b) and (c).
Sec.   5.61...................  Moved to Sec.
                                 5.14.
Sec.   5.63...................  Moved to Sec.
                                 5.14.
Sec.   5.65...................  Removed.
Sec.   5.69...................  Removed.
------------------------------------------------------------------------

                       Table 1B--Derivation Table
------------------------------------------------------------------------
                                  Existing (old)
    Proposed (new)  section          section          Proposed change
------------------------------------------------------------------------
Sec.   5.1....................  Sec.   5.01......  Added definitions for
                                                    ``Auxiliary Act'',
                                                    ``Direct law
                                                    enforcement'',
                                                    ``Personal property
                                                    of the Auxiliary''.
                                                    Amended the
                                                    definitions for
                                                    ``Facility or
                                                    facilities'',
                                                    ``Radio station''
                                                    and ``Secretary''.
Sec.   5.3....................  Paragraph (a)      Added new provisions.
                                 imported from
                                 Sec.   5.05.
Sec.   5.5....................  Sec.   5.05......  Added new provisions.
Sec.   5.7....................  Sec.   5.07......  Added new provisions.
Sec.   5.9....................  .................  Added new provisions.
Sec.   5.10...................  Imported language  New section.
                                 from Sec.  Sec.
                                  5.09, 5.13, and
                                 5.15.
Sec.   5.11...................  Imported language
                                 from Sec.
                                 5.25.
Sec.   5.12...................  Imported language  New section.
                                 from Sec.   5.21.
Sec.   5.13...................  Imported language
                                 from Sec.
                                 5.23.
Sec.   5.14...................  Imported language  New section.
                                 from Sec.  Sec.
                                  5.61 and 5.63.
Sec.   5.15...................  .................  Reserved for future
                                                    use.
Sec.   5.16...................  Imported language  New section.
                                 from Sec.  Sec.
                                  5.55 and 5.57.
Sec.   5.17...................  .................  Added new provisions.
Sec.   5.18...................  Paragraphs (b)     New section. Added
                                 and (c) imported   new provisions.
                                 language from
                                 Sec.   5.59.
Sec.   5.19...................  Imported language
                                 from Sec.
                                 5.17.
Sec.   5.20...................  Imported and       New section.
                                 amended language
                                 from Sec.   5.31.
Sec.   5.22...................  Imported language  New section.
                                 from Sec.  Sec.
                                  5.27 and 5.29.
Sec.   5.24...................  .................  New section. Added
                                                    new provisions.
Sec.   5.26...................  Paragraph (a)      New section.
                                 imported from
                                 Sec.   5.33.
                                 Paragraph (b)
                                 imported from
                                 Sec.   5.19.
Sec.   5.30...................  Imported language  New section.
                                 from Sec.   5.43.
Sec.   5.32...................  Imported and       New section.
                                 amended language
                                 from Sec.   5.41.
Sec.   5.34...................  Imported language  New section.
                                 from Sec.   5.41.
Sec.   5.36...................  Imported and       New section.
                                 amended
                                 provisions from
                                 Sec.  Sec.
                                 5.35, 5.37,
                                 5.39, 5.41, and
                                 5.45.
Sec.   5.40...................  Paragraph (c)(2)   New section. Added
                                 imported from      new provisions.
                                 Sec.  Sec.
                                 5.47 and 5.48.
Sec.   5.41...................  .................  Added new provisions.
Sec.   5.42...................  Imported language  New section.
                                 from 5.47(a) and
                                 (b).
Sec.   5.43...................  .................  Added new provisions.
Sec.   5.44...................  .................  New section. New
                                                    provisions.
Sec.   5.45...................  .................  Added new provisions.
Sec.   5.46...................  Imported language  New section.
                                 from Sec.   5.48.
Sec.   5.47...................  .................  Added new provisions.
Sec.   5.48...................  .................  Added new provisions.
------------------------------------------------------------------------

Subpart A--General

    Sec.   5.1--Definitions: We propose to revise this section to
update several definitions.
    The definition of ``Act,'' which currently includes only ``the
Coast Guard Auxiliary and Reserve Act of 1941, as amended and
recodified by [the] Act of August 4, 1949'' would be deleted and
replaced by a new definition, ``Auxiliary Act'', which includes the
provisions of the U.S. Code dealing most directly with the Auxiliary
(14 U.S.C. 821-894), including the legislative changes set out in
section III, Background.
    The definition of ``facility'' would be amended to add motorized
vehicles, trailers, and other equipment accepted for use by the Coast
Guard.
    The definition of ``radio station'' would be amended to clarify
that it includes any equipment used for radio communications or
direction finding as well as a building or vehicle housing such
equipment.
    The definition of ``Secretary'' would be amended to reflect the
nature of the

Coast Guard's service. Most of the time, the Coast Guard is a part of
the Department of Homeland Security and the Coast Guard's Secretary is
the Secretary of DHS. In time of war, the Coast Guard may be
transferred to the Department of the Navy, and the Coast Guard's
Secretary is the Secretary of the Navy. The proposed language is
standard language for Coast Guard regulations in which the term
Secretary is defined.
    The proposed definitions section would also include a definition of
``direct law enforcement.'' Direct law enforcement is described in
Chapter 4.E. of the Auxiliary Operations Policy Manual, COMDTINST
16798.3E (series), and is used in other Auxiliary publications and
section 5.20(b) of the proposed rule.
    Finally, we propose to define a new term, ``Personal property of
the Auxiliary,'' to cover motor boats, yachts, aircraft, radio
stations, motorized vehicles, trailers, or other equipment owned by or
under the administrative jurisdiction of the Auxiliary and used solely
for Auxiliary purposes, as provided by section 226 of the Coast Guard
and Maritime Transportation Act of 2004 (Pub. L. 108-293, codified at
14 U.S.C. 821(d)(2)).
    Sec.   5.3--Purpose: We propose to clarify the purpose of the
Auxiliary to conform to current statutory language. The new language is
broader than the existing regulation, in keeping with the current
language of 14 U.S.C. 822.
    Proposed paragraphs (a) and (b) of this section review basic
information about the Auxiliary. Paragraph (c) of this section would
specify that Auxiliary units may act as caretakers, docents, or tour
guides for Coast Guard and other Federal- or State-owned property, a
customary role which many Coast Guard units may not be aware is an
authorized mission of the Auxiliary. Paragraph (d) of this section
would be a new provision supporting the Commandant's commitment to
strengthening partnerships with other Federal, State and local
agencies.
    Sec.   5.5--Organization, officers, and leadership: We propose to
revise this section to explain the organization and composition of the
Auxiliary. Because of the Auxiliary's unique nature as a
Congressionally-chartered volunteer organization, its units are
sometimes not recognized as distinct from the Coast Guard. This
explanation would also assist Auxiliary units in their dealings with
commercial institutions (e.g. banks and insurance companies).
    Sec.   5.7--Administration, specific authorizations: This section
would address the Commandant's ability to delegate authority, and
provide examples of specific actions that the Commandant has delegated
to the Auxiliary. It would also clarify that the Auxiliary national
board and Auxiliary districts or regions may incorporate under State
law and pursuant to Coast Guard policy, and establish basic functions
of the Auxiliary's national corporation.
    Sec.   5.9--References: We propose to move the contents of existing
Sec.  5.09 to new Sec.  5.10. We propose to add a new section Sec.  5.9
to establish various Coast Guard directives and publications as
appropriate references for the Coast Guard and the public. Those
directives and publications can be found online at http://www.uscg.mil/auxiliary/publications/comdtinst/.

Subpart B--Membership

    This proposed new subpart would contain regulations relating to
members and membership eligibility, discipline and compensation.
    Sec.   5.10--Eligibility for membership: We propose to add this
section to consolidate and revise existing Sec. Sec.  5.09, 5.11, 5.13,
and 5.15.
    Paragraph (a) would identify the basic eligibility criteria for
Auxiliary membership and eliminate the minimum age requirement and the
25-percent ownership requirement in Sec.  5.09 of the current
regulations. This paragraph also incorporates the 2012 legislative
change that authorizes eligibility for Auxiliary membership to include
nationals of the United States \1\ and aliens lawfully admitted for
permanent residence. The minimum age is not set by statute.
---------------------------------------------------------------------------

    \1\ ``Nationals of the United States'' includes all U.S.
citizens as well as individuals who, though not citizens, owe
permanent allegiance to the United States. 8 U.S.C. 1101(a) (22).
Non-citizen nationals currently are primarily American Samoans and
Swain Islanders.
---------------------------------------------------------------------------

    Current Auxiliary policy does not require any portion of ownership
in any vessel or other equipment as a pre-condition for membership. The
25-percent ownership requirement in the current regulations was founded
on an ownership requirement in the Act of Aug 4, 1949 (63 Stat. 555)
which required that members either have an ownership interest in a
motorboat, yacht, aircraft, or radio station, or possess special
training or experience which qualifies them for duty. Current Auxiliary
policy and practice is to consider all prospective members under the
``special training or experience'' provision, including applicants who
are willing to undergo training in order to qualify. Although owners of
vessels or other equipment would still be eligible for membership,
removing the ownership requirement from the CFR will emphasize the
importance of training and experience for prospective auxiliary members
and reduce the chance of a prospective member mistakenly believing that
not being a vessel owner precludes him or her from membership.
    Paragraph (b) incorporates the provisions of the current Sec.
5.15--Admission for membership, without substantive change.
    Sec.   5.11--Honorary members: Provisions of the existing Sec.
5.11, ``Membership in military organizations'', would be removed, as
they are unnecessarily duplicative of law (14 U.S.C. 825) and policy.
We propose to revise this section to incorporate existing Sec.  5.25
``Honorary members.''
    Sec.   5.12--Ranks, titles, designations, or grades: This new
section contains language, without substantive change, from existing
Sec.  5.21.
    Sec.   5.13--Advancement: Provisions of existing Sec.  5.13 would
be moved to Sec.  5.10. Proposed Sec.  5.13 states that the Commandant
will prescribe policy on advancement, which will be described in
Auxiliary policy manuals. This language was moved with minor edits from
Sec.  5.23.
    Sec.  5.14--Uniforms and insignia: We propose to add this section
to incorporate provisions of existing Sec. Sec.  5.61 and 5.63.
    Sec.   5.15: We propose to remove and reserve this section. The
provisions of existing Sec.  5.15 would be consolidated in Sec.  5.10.
    Sec.   5.16--Compensation and travel expenses: This section would
specify that Auxiliarists are not authorized to receive compensation
for their services, but may be paid actual necessary travel expenses.
This section combines existing Sec. Sec.  5.55 and 5.57.
    Sec.   5.17--Status of members as Federal employees: Provisions of
existing Sec.  5.17 would be moved to Sec.  5.19. We propose to add new
language in this section to clarify that Auxiliarists are not
considered Federal employees, except as provided by 14 U.S.C. 823a.
    Sec.   5.18--Injury or death in the line of duty: We propose to add
this section to clarify the compensation an Auxiliarist is entitled to
receive if injured or killed in the performance of duty; codify Coast
Guard policy on what is ``performance of duty'' in the context of
Auxiliary activity, describe Auxiliarists' access to medical and dental
care; and summarize compensation provisions for the beneficiaries of
Auxiliarists who are injured or die in the performance of duty.

    Paragraph (a) of this section would codify Coast Guard policy and
practice relating to the definition of ``performance of duty'' in the
context of Auxiliary activity. The Coast Guard compensates members for
injuries sustained in the performance of duty under 14 U.S.C. 707 and
832 and the Federal Employees Compensation Act, 5 U.S.C. 8101 et seq.
Existing Coast Guard policy extends this coverage to include travel to
and from the Auxiliarists' permanent residence to a place of duty (see
paragraph 7.O.2.c. of the Administrative Investigation Manual COMDTINST
M5830.1). This proposed rule would codify the Coast Guard's practice of
including stops en route and incidental to duty, and travel between
duty locations, as ``performance of duty.''
    Paragraphs (b) and (c) of this section would specify Auxiliarists'
entitlement to hospitalization, medical care, and compensation for
injury or death in the performance of duty. Paragraphs (b) and (c) of
this section were imported from existing Sec.  5.59. These entitlements
are taken from three different statutory provisions:
     14 U.S.C. 832 provides that Auxiliarists are entitled to
hospitalization and medical care as if they were members of the
Temporary Reserve.
     14 U.S.C. 707 provides that temporary members of the
reserve who are injured or die while performing active duty will be
compensated as if they were civilian employees with basic pay
equivalent to grade GS-9.
     The note to 5 U.S.C. 8133 provides additional compensation
eligibility for civilian employees killed in the performance of duty.
    Sec.   5.19--Disenrollment: The provisions of existing Sec.  5.19
would be incorporated into new Sec.  5.28. We propose to revise this
section to incorporate provisions from existing Sec.  5.17 without
substantive change.

Subpart C--Activities, Operations and Training

    Sec.   5.20--Authority: We propose to add this section to clarify
the limits on Auxiliarists' authority in the performance of their
duties. Paragraph (a) would incorporate the provisions of existing
Sec.  5.31. Paragraph (b) would state the prohibition on Auxiliarists
engaging in direct law enforcement or military operations. Paragraph
(c) would clarify that Auxiliarists' authority in supporting
enforcement of limited access areas, regulated navigation areas, and
special local regulations is limited to advising the public of such
restrictions.
    Sec.   5.21: We propose to move this section to Sec.  5.12.
    Sec.   5.22--Assignment to duties: We propose to consolidate the
provisions of existing Sec. Sec.  5.27 and 5.29 regarding assignment to
duty in this section.
    Sec.   5.23: We propose to remove this section, as its provisions
would be consolidated in new Sec.  5.13.
    Sec.   5.24--Procedure for assignment to duty: We propose to add
this section to include information about procedures for assignment to
duty of Auxiliarists and their facilities.
    Sec.   5.25: We propose to remove this section, as its provisions
would be consolidated in new Sec.  5.11.
    Sec.   5.27: We propose to remove this section, as its provisions
would be consolidated in new Sec.  5.22.
    Sec.   5.26--Training, examination, and assignment: We propose to
consolidate existing Sec. Sec.  5.19 and 5.33 into this new section to
explain that the Commandant will set the training, qualification and
examination requirements for Auxiliarists and may authorize
Auxiliarists to take correspondence and distance-learning courses from
Coast Guard providers.
    Sec.   5.29: We propose to consolidate this section into new Sec.
5.22.

Subpart D--Facilities and Equipment

    Subpart D would contain the regulations dealing with vessels,
aircraft, radio stations, motor vehicles, or other equipment used by
the Auxiliary, the treatment of such facilities as United States
property, and the procedures for transferring administrative
jurisdiction of such property to and from the Auxiliary.
    Sec.   5.30--Facilities and other equipment: We propose to add this
section to codify Coast Guard policy regarding duty status, liability
protection, and status as a public vessel of facilities and other
equipment used by the Auxiliary, and to revise provisions for
reimbursement of facility operating expenses.
    Paragraph (b)(1) ``Duty status'' would clarify that personal
property of the Auxiliary (typically unit-owned property) is considered
assigned to authorized Coast Guard duty at all times. This is
consistent with Coast Guard policy, established by paragraph D.2. of
ALCOAST 600/05, ``Changes to Auxiliary Administrative Policies.''
    Paragraph (b)(2) would clarify the scope of liability protection
for personal property of the Auxiliary. The Commandant has directed
that personal property of the Auxiliary be treated as property of the
United States for the purposes of the Federal Tort Claims Act, the
Military Claims Act, the Public Vessels Act, the Suits in Admiralty
Act, the Admiralty Extension Act, and other matters related to non-
contractual civil liability, in accordance with provisions of 14 U.S.C.
821(d)(2), as amended by the Coast Guard and Maritime Transportation
Act of 2004 (Pub L. 108-293).
    Paragraph (b)(3), ``Public vessels,'' will clarify that facilities
loaned or given to the Auxiliary by the Coast Guard or other Federal
agencies retain their public status.
    Paragraph (c), ``Expenses,'' codifies Coast Guard policy for
reimbursement of expenses incurred by Auxiliarists for the use,
operation, maintenance, damage, or loss of their facilities.
    Sec.   5.31: We propose to consolidate this section into new Sec.
5.20.
    Sec.   5.32--Offer of member-owned vessels, aircraft, radio
stations, motorized vehicles, trailers, and other equipment for use as
a facility: We propose to add this section to update the terms of
existing Sec.  5.37. This proposed section would apply when Auxiliary
members want to offer member-owned vessels, aircraft, radio stations,
motorized vehicles, trailers, and other equipment for use as a
facility. Specific procedures for these offers are in the Auxiliary
Policy Manual.
    Sec.   5.34--Offers of personal property of the Auxiliary as a
facility: We propose to add this section to describe Coast Guard policy
for personal property of the Auxiliary to be accepted as a facility.
This proposed section would apply when an Auxiliary unit has ownership
or administrative jurisdiction over a vessel, aircraft, radio station,
motorized vehicle, trailer, or other equipment and wants to offer it
for use as a facility. Specific procedures for these offers are in the
Auxiliary Policy Manual.
    Sec.   5.37 Offer of facilities: We propose to remove this section
as its provisions would be consolidated in new Sec.  5.32.
    Sec.  5.35: We propose to remove this section because it restates
language contained in 14 U.S.C. 826.
    Sec.  5.36--Loan of vessels, aircraft, radio stations, motorized
vehicles, trailers, or other equipment to the Coast Guard: This section
would apply when a person wants to loan a vessel, aircraft, radio
station, motorized vehicle, trailer, or other equipment to the Coast
Guard for Coast Guard use. This section would consolidate and update
provisions of existing Sec. Sec.  5.35, 5.37, 5.39, 5.41, and 5.45 and
would add motorized vehicles, trailers, and other equipment owned by
members or Auxiliary units to the list of property which may be loaned
to the Coast Guard. In addition, this section

would specify procedures for the return of facilities at the expiration
of the loan period, clarify that facilities will not be considered
loaned until accepted by a person authorized by the Commandant, and
provide for waiver of loan procedures in an emergency.
    Sec.  5.39--Acceptance of facilities: We propose to remove this
section. Provisions of the existing Sec.  5.39 would be consolidated in
new Sec.  5.30.

Subpart E--Auxiliary Markings

    This new subpart will describe the distinctive marks, decals and
ensigns (flags) the public is likely to see on Auxiliary facilities.
Sections of the current 33 CFR part 5 will be moved into this subpart.
The proposed regulations would not change the design or display of any
marks, decals, or ensigns. Marks which were previously described only
in the Auxiliary Manual COMDTINST M16790.1 (series) or the Coast Guard
Heraldry Manual COMDTINST M5200.18A would be described here, which
would help the public more easily identify Auxiliary facilities.
    Auxiliary markings distinguish Auxiliary boats, aircraft, and other
equipment. Ensigns are flags flown by or at an asset (e.g., flown on a
flag staff at a building) to signify that the asset is associated with
the Auxiliary or Coast Guard. Decals are markings adhesively applied to
the asset to denote its status as an Auxiliary facility that has been
accepted for use by the Coast Guard. Patrol signs are placards,
normally removable and of a proportionate size for the vessel on which
they are displayed, which indicate to nearby vessels that the vessel is
engaged in Auxiliary activities. The Auxiliary mark is a permanent
marking signifying that the asset belongs to the Auxiliary in terms of
custody, ownership, or as personal property.
    Sec.  5.40--Distinctive markings for vessels, aircraft, motorized
vehicles, trailers, radio stations, and other equipment: This section
incorporates provisions of the current Sec. Sec.  5.47 and 5.48. We
propose to add this section on facility markings to clarify for both
Auxiliarists and the public the identification of Auxiliary vessels,
aircraft, motorized vehicles, trailers, radio stations, and other
equipment, and advise the public of the penalties for unauthorized
display of Auxiliary markings.
    Sec.  5.41--Auxiliary emblem: We propose to revise this section.
Provisions of the existing Sec.  5.41 would be distributed to
Sec. Sec.  5.32(c), 5.34(c), and 5.36(c). The proposed section would
incorporate provisions of existing Sec.  5.47(c) describing the
Auxiliary emblem and explain the use of the emblem as identification.
    Sec.  5.42--Auxiliary ensign: The provisions of this proposed new
section would be imported from existing Sec.  5.47 and would describe
the Auxiliary ensign and its display.
    Sec.  5.43--Auxiliary mark: We propose to revise this section.
Provisions of the existing Sec.  5.43 would be moved to Sec.
5.30(b)(3) or removed. The proposed revised section would describe the
Auxiliary mark and its display.
    Sec.  5.44--Auxiliary facility decal: We propose to add this
section to describe the Auxiliary facility decal and its display.
    Sec.  5.45--Patrol signs: We propose to revise this section. The
provisions of the current section would move to Sec.  5.36(a). The
revised section would describe the Auxiliary patrol sign and its
display.
    Sec.  5.46--Auxiliary patrol boat ensign: This proposed new section
would describe the Auxiliary patrol boat ensign and its display. These
provisions would be imported from the current Sec.  5.48.
    Sec.  5.47--Coast Guard ensign: We propose to revise this section.
Provisions of the existing Sec.  5.47 would be moved to Sec.  5.46. The
revised section would describe the correct display of the Coast Guard
ensign and cross-reference to the official description of the Coast
Guard ensign at 33 CFR 23.15.
    Sec.  5.48--Auxiliary patrol boat ensign: We propose to revise this
section. Provisions of the existing Sec.  5.48 would be moved to Sec.
5.46. The revised section would describe markings that may be displayed
on Auxiliary aircraft.
    Sec.  5.49--Reimbursement for expenses: We propose to remove this
section; its provisions would be moved to Sec.  5.30(c).
    Sec.  5.55: We propose to remove this section; its provisions would
be consolidated in Sec.  5.16.
    Sec.  5.57: We propose to remove this section; its provisions would
be consolidated in Sec.  5.16.
    Sec.  5.59: We propose to remove this section because its
provisions would be consolidated in Sec.  5.18.
    Sec.  5.61: We propose to remove this section because its
provisions would be consolidated in Sec.  5.14.
    Sec.  5.63: We propose to remove this section because its
provisions would be consolidated in Sec.  5.14.
    Sec.  5.65: We propose to remove this section because its
provisions (dealing with the eligibility of Auxiliary members for Coast
Guard medals and awards) are more appropriately covered in the primary
Auxiliary policy reference, the Coast Guard Auxiliary Manual (COMDTINST
M16790.1 (series)). Medals and awards are a matter of agency management
and agency personnel, and therefore exempt from the Administrative
Procedure Act (5 U.S.C. 553(a)(2)).
    Sec.  5.69: We propose to remove this section because it restates,
verbatim, language contained in 14 U.S.C. 893.

V. Regulatory Analysis

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 14 of these statutes or executive orders.

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') direct agencies
to assess the costs and benefits of available regulatory alternatives
and, if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. The Coast Guard has determined that this NPRM is
not a ``significant regulatory action'' under section 3(f) of Executive
Order 12866. Accordingly, the NPRM has not been reviewed by the Office
of Management and Budget. A draft regulatory assessment follows.
    The proposed rule would conform regulatory language to statutes,
codify many existing practices, clarify procedures, increase procedural
flexibility for Coast Guard and Auxiliarists, increase overall
efficiency in the process, and re-organize content to improve clarity.
There are no costs to either the federal government or the private
sector associated with these proposed changes. This notice of proposed
rulemaking applies to members and prospective members of the Coast
Guard Auxiliary and people and companies that interact with the
Auxiliary. The Auxiliary is a Congressionally-chartered component of
the Coast Guard made up of civilian volunteers. Auxiliary units
(``flotillas'') are neither corporations nor charities and often
encounter administrative trouble with banks, insurance companies, and
businesses. This rulemaking would clarify for the public the nature,
organization, and purpose of the Auxiliary, and conform the regulatory
language to the Auxiliary statutes, as amended by legislative

changes. Many of these changes are already reflected in Coast Guard
policies and manuals. For example, the financial aspects of these
regulations, such as reimbursement of expenses, including the Standard
Auxiliary Maintenance Allowance (SAMA), incorporate already existing
practices and authorities, as detailed in Auxiliary Manual COMDTINST
M16790.1 (series), chapter 9 and Auxiliary Operations Policy Manual
COMDTINST M16798.3 (series), chapter 3 and section B-2.
    These proposed changes would update our regulations to capture our
current practices regarding reimbursement of Auxiliary facility
expenses and maintenance costs. The payment of death gratuities to the
representatives of Auxiliarists who die in the performance of duty
while assigned to duty is currently funded pursuant to legislative
authorization and supported by Commandant policy (COMDTINST 12550.21A,
CG Death Gratuity Payment), enabling Auxiliarists to be regarded
equally as Coast Guard employees for the purpose of death gratuity
payments.
    The primary benefit of this proposed rule would be to conform
regulatory language to the legislative changes described in section
III, Background. This would result in increased efficiencies in
Auxiliary interactions with the Coast Guard and with the public,
including Auxiliarists' interaction with banks and insurance agents.
Banks help provide reimbursement (via direct deposit) for operations
and other missions requiring Auxiliarists to incur an initial expense
from their personal funds. Insurance agents' relationships are also
important, as Auxiliarists may be reimbursed for damages to their
vessels when those vessels are engaged in waterborne or airborne
operational patrols.
    We have classified the proposed changes into categories, as listed
in Table 2. There are no costs associated with the changes.

                      Table 2--33 CFR Part 5 Categories and Discussion of Proposed Changes
----------------------------------------------------------------------------------------------------------------
        Proposed section          Category of change        Cost impact          Discussion of proposed changes
----------------------------------------------------------------------------------------------------------------
Sec.   5.1......................  Revise section....  None--Administrative     Revises the definition of ``Act''
                                                       revisions made           to ``Auxiliary Act'' and to
                                                       consistent with          include recent statutory
                                                       statutory changes.       amendments, including Coast
                                                                                Guard Authorization Act of 1996
                                                                                amendments, the 2002 amendment
                                                                                contained in the Maritime
                                                                                Transportation Security Act of
                                                                                2002 (Pub. L. 107-295), the 2004
                                                                                amendment contained in the Coast
                                                                                Guard and Maritime
                                                                                Transportation Security Act of
                                                                                2004 (Pub. L. 108-293), the 2006
                                                                                amendments contained in the
                                                                                Coast Guard and Maritime
                                                                                Security Act of 2006 (Pub. L.
                                                                                109-241) and the 2012 amendments
                                                                                contained the Coast Guard and
                                                                                Maritime Transportation Act of
                                                                                2012 (Pub. L. 112-213). Added
                                                                                definitions for ``Personal
                                                                                property of the Auxiliary'' and
                                                                                ``Direct law enforcement''.
                                                                                Amended definition for
                                                                                ``Facility or facilities'',
                                                                                ``radio station'' and
                                                                                ``Secretary''.
Sec.   5.3......................  Revise section....  None--Administrative     Discusses Auxiliary purpose and
                                                       revisions made           scope of activities to conform
                                                       consistent with          to language in 14 U.S.C. 822, as
                                                       statutory changes.       amended in 1996.
Sec.   5.5......................  Revise and expand   None--Clarification of   Added to clarify non-military
                                   section.            existing law.            nature of Auxiliary and
                                                                                composition of elected and
                                                                                appointed officers.
Sec.   5.7......................  Revise section....  None...................  Defines the nature and authority
                                                                                of Auxiliary.
Sec.   5.9......................  Revise section....  None--Reorganization     Existing contents covered in new
                                                       and revision to          section Sec.   5.10. New content
                                                       reflect current          establishes various Coast Guard
                                                       practice.                directives and publications as
                                                                                appropriate references. Provides
                                                                                details of Auxiliary activities
                                                                                through Source 1: Auxiliary
                                                                                Manual COMDTINST M16790.1
                                                                                (series) and Source 2: Auxiliary
                                                                                Operations Policy Manual
                                                                                COMDTINST M16798.3 (series).
Sec.   5.10.....................  Add section.......  None--Removes Barrier    New content moved from 5.09 and
                                                       to Entry.                revised. Eliminates minimum age
                                                                                and ownership requirements to
                                                                                remove unnecessary barriers to
                                                                                entry into Auxiliary. Reflects
                                                                                recent legislative change that
                                                                                authorizes eligibility for
                                                                                Auxiliary members to include
                                                                                United States nationals and
                                                                                aliens lawfully admitted for
                                                                                permanent residence.
Sec.   5.11.....................  Revise section....  None--Reorganization...  Existing content removed as
                                                                                redundant of 14 U.S.C. 825; new
                                                                                content moved with minor edits
                                                                                from Sec.   5.25.
Sec.   5.12.....................  Add section.......  None--Reorganization...  New content moved with minor
                                                                                edits from Sec.   5.21.
Sec.   5.13.....................  Revise section....  None--Reorganization...  Existing content covered by Sec.
                                                                                5.10 and published in the
                                                                                Auxiliary manual COMDT
                                                                                INSTM16790.1 (series), Chapter
                                                                                3A. New content moved with minor
                                                                                edits from Sec.   5.23.
Sec.   5.14.....................  Add section.......  None--Reorganization...  New content moved from Sec.
                                                                                5.61-- Uniforms and Sec.   5.63--
                                                                                Insignia and combined. See
                                                                                Source 1 for additional
                                                                                background.
Sec.   5.15.....................  Reserved..........  None--Reorganization     Existing content moved to Sec.
                                                       and Clarification.       5.10 and revised for clarity.
Sec.   5.16.....................  Add section.......  None--Reorganization...  New content moved from Sec.
                                                                                5.55--Compensation and Sec.
                                                                                5.57--Traveling expenses and per
                                                                                diem and combined with minor
                                                                                edit.
Sec.   5.17.....................  Revise section....  None--Reorganization     Existing content moved to Sec.
                                                       and Clarification of     5.19. New content added to
                                                       Current Practice         clarify the status of
                                                       consistent with          Auxiliarists as Federal
                                                       statute.                 employees only as provided for
                                                                                by 14 U.S.C. 823a.

Sec.   5.18.....................  Add section.......  None--Clarification of   Added to clarify the benefits
                                                       Current Practice.        paid in case of injury or death
                                                                                while assigned to duty. In
                                                                                general, these benefits are
                                                                                currently covered in AFC-08
                                                                                account for civilian pay.
                                                                                Procedures already in place. See
                                                                                Source One, Chapter 5 Section K:
                                                                                Claims, Injury, or Death while
                                                                                Assigned to Duty and K.6.: Death
                                                                                of an Auxiliarist while Assigned
                                                                                to Duty. No net cost to the
                                                                                Coast Guard or Auxiliary.
Sec.   5.19.....................  Revise section....  None--Reorganization...  Existing content moved to Sec.
                                                                                5.26(b); new content moved from
                                                                                current Sec.   5.17.
Sec.   5.20.....................  Add section.......  None--Reorganization,    Moved from Sec.   5.31. The Coast
                                                       revisions to reflect     Guard would amend this section
                                                       current practice.        to remove the word ``specific''.
                                                                                It would also implement current
                                                                                policy on exclusion from law
                                                                                enforcement power and authority
                                                                                of Auxiliarists and recognition
                                                                                that status and authority of
                                                                                Auxiliarists in various duty
                                                                                assignments may be limited
                                                                                beyond that of their regular
                                                                                Coast Guard counterparts.
                                  Remove Sec.   5.21  None--Reorganization...  Moved to Sec.   5.12.
Sec.   5.22.....................  Add section.......  None--Reorganization...  Existing content moved to Sec.
                                                                                5.12. New content moved from
                                                                                Sec.  Sec.   5.27 and 5.29 with
                                                                                minimal edits.
                                  Remove Sec.   5.23  None--Reorganization...  Moved to Sec.   5.13.
Sec.   5.24.....................  Add section.......  None--Current practice.  Added to include information
                                                                                about procedures for assignment
                                                                                to duty of Auxiliarists and
                                                                                their facilities. This section
                                                                                would codify the language in the
                                                                                Auxiliary Manual, based on the
                                                                                1996 Act.
                                  Remove Sec.   5.25  None--Reorganization...  Moved to Sec.   5.11.
Sec.   5.26.....................  Add section.......  None--Reorganization...  New content moved from Sec.
                                                                                5.33. Added minor edited item
                                                                                from Sec.   5.19.
                                  Remove Sec.   5.27  None--Reorganization...  Moved to Sec.   5.22.
                                  Remove Sec.   5.29  None--Reorganization...  Moved to Sec.   5.22.
Sec.   5.30.....................  Add section.......  None--Reorganization...  New section with clarification of
                                                                                facilities' duty status.
                                                                               Clarification of facilities'
                                                                                liability status, in accordance
                                                                                with 14 U.S.C. 821(d)(2).
                                                                               New section to clarify expense
                                                                                reimbursement using concepts
                                                                                from current Sec.   5.49.
                                  Remove Sec.   5.31  None--Reorganization...  Moved to Sec.   5.20.
Sec.   5.32.....................  Add section.......  None--Reorganization...  Incorporates provisions of Sec.
                                                                                5.41.
                                  Remove Sec.   5.33  None--Reorganization...  Moved to Sec.   5.26.
Sec.   5.34.....................  Add section.......  None--Clarification of   This section would be added to
                                                       current practice         address offers of use personal
                                                       consistent with          property of the Auxiliary,
                                                       statute.                 pursuant to 14 U.S.C. 821.
                                                                                Incorporates provisions of Sec.
                                                                                5.41.
                                  Remove Sec.   5.35  None--Reorganization...  Incorporated into Sec.   5.36.
Sec.   5.36.....................  Add section.......  None--Clarification of   New provision on how member-owned
                                                       current practice.        or unit-owned property can be
                                                                                loaned to the Coast Guard (no
                                                                                Auxiliarists onboard).
                                                                                Incorporates provisions from
                                                                                current Sec.  Sec.   5.35, 5.37,
                                                                                5.39, 5.41, and 5.45.
                                  Remove Sec.   5.37  None--Reorganization...  Incorporated into Sec.   5.36.
                                  Remove Sec.   5.39  None--Reorganization...  Moved without change to Sec.
                                                                                5.36(b).
Sec.   5.40.....................  Add section.......  None--Clarification of   Added this new section on
                                                       current practice.        facility markings to ensure
                                                                                clarity for both the Auxiliary
                                                                                and public regarding the
                                                                                identification of Auxiliary
                                                                                vessels, aircraft, motorized
                                                                                vehicles, trailers, radio
                                                                                stations, and other equipment
                                                                                when assigned to Coast Guard
                                                                                duty.
Sec.   5.41.....................  Revise section....  None--Clarification of   Concept of existing section moved
                                                       current practice.        to Sec.  Sec.   5.32(c),
                                                                                5.34(c), and 5.36(c). Added
                                                                                language to describe the
                                                                                Auxiliary emblem and discuss
                                                                                when it can be worn and used.
                                                                                Paragraph (b) moved from section
                                                                                Sec.   5.47(c).
Sec.   5.42.....................  Add section.......  None--Clarification of   Content moved from 5.47.
                                                       current practice.        Prescribes the use of the
                                                                                Auxiliary ensign in accordance
                                                                                with Auxiliary policy.
Sec.   5.43.....................  Revise section....  None--Current practice.  Existing content moved to Sec.
                                                                                5.30. New content would codify
                                                                                the description of the Auxiliary
                                                                                mark from the Auxiliary Manual.
Sec.   5.44.....................  Add section.......  None--Clarification of   Added to prescribe the use of the
                                                       current practice.        Auxiliary facility decal as a
                                                                                distinctive marking for vessels,
                                                                                aircraft, and radio stations
                                                                                that have been offered,
                                                                                inspected, and accepted for
                                                                                Coast Guard use.
Sec.   5.45.....................  Revise section....  None--Reorganization     Concept of existing section moved
                                                       and clarification of     to Sec.   5.36(a). Added new
                                                       current practice.        content to describe the use of
                                                                                Auxiliary patrol signs as
                                                                                distinctive markings for
                                                                                vessels, motorized vehicles, and
                                                                                trailers when assigned to duty.
Sec.   5.46.....................  Add section.......  None--Clarification of   Added to address the proper use
                                                       current practice.        of the Auxiliary patrol boat
                                                                                ensign. Moved part of Sec.
                                                                                5.48 to this location.

Sec.   5.47.....................  Revise section....  None--Reorganization     Existing content moved to Sec.
                                                       and Current practice.    Sec.   5.40, 5.41, and 5.42. New
                                                                                content would codify the display
                                                                                of the Coast Guard ensign as
                                                                                described in Auxiliary policy.
Sec.   5.48.....................  Revise section....  None--Reorganization     Existing content moved to Sec.
                                                       and clarification of     Sec.   5.40 and 5.46. New
                                                       current practice.        content added to address the
                                                                                additional markings of Auxiliary
                                                                                aircraft. Would reflect the
                                                                                allowance for Auxiliary aircraft
                                                                                to display the Auxiliary
                                                                                facility decal.
                                  Remove Sec.   5.49  None--Reorganization...  Concept moved to Sec.   5.30.
                                  Remove Sec.   5.55  None--Reorganization...  Moved to Sec.   5.16.
                                  Remove Sec.   5.57  None--Reorganization...  Moved to Sec.   5.16.
                                  Remove Sec.   5.59  None--Reorganization...  Moved to Sec.   5.18 (b) and (c)
                                                                                and revised.
                                  Remove Sec.   5.61  None--Reorganization...  Moved to Sec.   5.14.
                                  Remove Sec.   5.63  None--Reorganization...  Moved to Sec.   5.14.
                                  Remove Sec.   5.65  None--Current Practice.  Internal policy in Auxiliary
                                                                                Manual COMDTINST M16790.1
                                                                                (series) Chapter 11, and in
                                                                                Coast Guard Medals and Awards
                                                                                Manual, COMDTINST M1650.25. See
                                                                                also 14 U.S.C. 502.
                                  Remove Sec.   5.69  None--Duplicative......  Duplicative of 14 U.S.C. 893.
----------------------------------------------------------------------------------------------------------------
Source 1 Auxiliary Manual COMDTINST M16790.1 (series).
Source 2 Auxiliary Operations Policy Manual COMDTINST M16798.3 (series).

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    This rule imposes no direct costs; consequently, there are no
impacts on small entities to consider.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this proposed rule will not have a significant economic impact on a
substantial number of small entities.

C. Assistance for Small Entities

    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment to the
Docket Management Facility at the address under ADDRESSES. In your
comment, explain why you think your business or organization qualifies,
how and to what degree this rule would economically affect it.

D. Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

E. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under E.O. 13132 and
have determined that it does not have implications for federalism under
that Order.

F. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their regulatory
actions. In particular, the Act addresses actions that may result in
the expenditure by a State, local, or tribal government, in the
aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

G. Taking of Private Property

    This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

H. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

I. Protection of Children

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that may
disproportionately affect children.

J. Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

K. Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant regulatory
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

L. Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies. This proposed rule does not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.

M. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under the ``Public
Participation and Request for Comments'' section of this preamble. This
proposed rule involves the operation and administration of the Coast
Guard Auxiliary and falls under section 2.B.2, figure 2-1, paragraphs
(34)(a), (b), (c), and (d) of the Instruction. These paragraphs exempt
regulations which are editorial or procedural, concern internal agency
functions or organization, concern the training and qualifying of
maritime personnel, and concern the inspection of vessels,
respectively. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.

List of subjects in 33 CFR Part 5

    Volunteers.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 5 as follows:

Title 33--Navigation and Navigable Waters

PART 5--COAST GUARD AUXILIARY

0
1. Revise part 5 to read as follows:

Subpart A--General

Sec.
5.1 Definitions.
5.3 Purpose.
5.5 Organization, officers, and leadership.
5.7 Administration, specific authorizations.
5.9 References.
Subpart B--Membership
5.10 Eligibility for membership.
5.11 Honorary members.
5.12 Ranks, titles, designations, or grades.
5.13 Advancement.
5.14 Uniforms and insignia.
5.15 [Reserved]
5.16 Compensation and travel expenses.
5.17 Status of members as Federal employees.
5.18 Injury or death in the line of duty.
5.19 Disenrollment.
Subpart C--Activities, Operations, and Training
5.20 Authority.
5.22 Assignment to duties.
5.24 Procedure for assignment to duty.
5.26 Training, examination, and assignment.
Subpart D--Facilities and other equipment
5.30 Facilities and other equipment.
5.32 Offer of member-owned vessels, aircraft, radio stations,
motorized vehicles, trailers, and other equipment for use as a
facility.
5.34 Offers of personal property of the Auxiliary as a facility.
5.36 Loan of vessels, aircraft, radio stations, motorized vehicles,
trailers, or other equipment to the Coast Guard.
Subpart E--Auxiliary Markings
5.40 Distinctive markings for vessels, aircraft, motorized vehicles,
trailers, radio stations, and other equipment.
5.41 Auxiliary emblem.
5.42 Auxiliary ensign.
5.43 Auxiliary mark.
5.44 Auxiliary facility decal.
5.45 Patrol signs.
5.46 Auxiliary patrol boat ensign.
5.47 Coast Guard Ensign.
5.48 Marking of aircraft.

    Authority:  14 U.S.C. 633, 821, 822, 823, 823a, 824, 825, 826,
827, 828, 829, 830, 831, 832, 892; Department of Homeland Security
Delegation No. 0170.1

Subpart A--General

Sec.  5.1  Definitions.

    Certain terms used in this part are defined as follows:
    Aircraft means any contrivance now known or hereafter invented,
used, or designed for navigation of or flight in the air.
    Auxiliary means the United States Coast Guard Auxiliary established
pursuant to the Auxiliary Act.
    Auxiliary Act means the laws governing the Coast Guard Auxiliary,
codified in chapters 23 and 25 of Title 14, United States Code (14
U.S.C. 821-894).
    Commandant means the Commandant of the United States Coast Guard.
    Direct Law Enforcement is described in Chapter 4.E. of the
Auxiliary Operations Policy Manual, COMDTINST M16798.3E, and includes
boarding a vessel for law enforcement purposes, carrying on their
person firearms or law enforcement equipment (handcuffs, pepper spray,
etc.), investigating complains of negligent operations, serving
subpoenas, and covert operations.
    Facility or facilities means a vessel, aircraft, radio station,
motorized vehicle, trailer, or other equipment accepted for use by the
Coast Guard.
    Member means any person who is a member of the Auxiliary.
    Motorboat means any documented or numbered vessel propelled by
machinery, not more than 65 feet in length, measured end-to-end over
the deck, excluding sheer.
    Personal property of the Auxiliary means a vessel, aircraft, radio
station, motorized vehicle, trailer, or other equipment owned by, or
under the administrative jurisdiction of, the Coast Guard Auxiliary or
an Auxiliary unit, and that is used solely for Auxiliary purposes and
in accordance with the Auxiliary Act.
    Radio station means any equipment (including a building,
recreational vehicle, trailer, or other motorized vehicle which houses
such equipment) used for radio communication or direction finding.
    Secretary means the Secretary of the Department in which the Coast
Guard is operating.
    Vessel means a motorboat or yacht.
    Yacht means either--
    (1) Any documented or numbered vessel used exclusively for
pleasure; or
    (2) Any sailboat used exclusively for pleasure more than 16 feet in
length measured end-to-end over the deck, excluding sheer.

Sec.  5.3  Purpose.

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

    (c) Auxiliary units may assist the Coast Guard in maintenance and
upkeep, and in conducting tours of Coast Guard and other Federal- or
State-owned structures and property.
    (d) The Auxiliary may assist Federal, State, and municipal
agencies, as authorized by the Commandant.

Sec.  5.5  Organization, officers, and leadership.

    (a) The Coast Guard Auxiliary is organized pursuant to the
Auxiliary Act and Coast Guard regulations. Organizational elements
include a national board and staff, national leadership, areas,
districts, regions, divisions, and flotillas. A flotilla is the basic
organizational unit of the Auxiliary.
    (b) The Auxiliary has elected and appointed officers.
    (1) Elected officers are in charge of Auxiliary units and elements
at both the national and local levels of the Auxiliary organization.
The Unit Leader is the senior elected officer at each level of the
Auxiliary organization: Flotilla Commanders, Division Commanders,
District Commodores, and the National Commodore are unit leaders.
    (2) Appointed officers are appointed by elected officers and hold
staff positions in Auxiliary units at both the national and local
levels of the Auxiliary organization.
    (c) For all Auxiliary units, the Unit Leader is the person
authorized to exercise the authority set forth in Sec.  5.07 of this
part on behalf of his or her unit, and may delegate that authority.
    (d) For all Auxiliary units, the Finance Officer is the person
authorized to handle, transfer and disburse bank accounts, monies,
stocks, bonds, and other items of intangible personal property on
behalf of his or her Auxiliary Unit.

Sec.  5.7  Administration, specific authorizations.

    (a) The Commandant may delegate any authority vested in him by the
Auxiliary Act or by this part to personnel of the Coast Guard and
members of the Auxiliary in the manner and to the extent as the
Commandant deems necessary or appropriate for the functioning,
organization, and internal administration of the Auxiliary.
    (b) The Commandant has authorized Auxiliary Unit Leaders to take
the following actions in furtherance of the authorized missions of the
Auxiliary. This is not an exclusive list--
    (1) Acquire, own, hold, use, and dispose of vessels, aircraft,
motorized vehicles, trailers, radio stations, and electronic equipment
and other items of tangible, personal property;
    (2) Accept ownership, custody, or use of vessels, boats, aircraft,
radio stations, motorized vehicles, trailers, electronic equipment, and
other tangible property from the Coast Guard, from other Federal,
State, or municipal agencies, or from private or non-profit groups;
    (3) Create and manage bank accounts, monies, stocks, bonds, and
other financial instruments;
    (4) Accept and use gifts, grants, legacies, and bequests;
    (5) Accept funds, materials, services, and the use of facilities
from public and private entities and Federal, State, or municipal
agencies;
    (6) Enter into licenses, leases, contracts, memoranda of agreement,
or understanding, and other agreements; and
    (7) Enter into cooperative agreements and grant agreements with the
Coast Guard and other Federal, State, or municipal agencies.
    (c) The national board of the Auxiliary may form a corporation
under State law and Coast Guard policy to manage the Auxiliary's fiscal
affairs. The national corporation may--
    (1) Hold copyrights, trademarks, and titles to Auxiliary property;
    (2) Contract with the Coast Guard and other Federal, State, and
municipal agencies to procure such goods and services;
    (3) Receive grants, gifts, and other items on behalf of the
Auxiliary; and
    (4) Conduct other activities as may be authorized by the
Commandant.
    (d) An Auxiliary district or region may form a corporation under
State law and Coast Guard policy.

Sec.  5.9  References.

    Further guidance on Auxiliary missions and activities may be found
in Coast Guard directives and publications, including the Coast Guard
Auxiliary Manual (Commandant Instruction M16790.1 (series)) and the
Coast Guard Auxiliary Operations Policy Manual (Commandant Instruction
M16798.3 (series)). Those directives and publications can be found
online at 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
be a United States citizen, a national of the United States or of its
Territories and possessions, or an alien lawfully admitted for
permanent residence; and must meet the standards for enrollment,
retention, and conduct established by the Commandant.
    (b) An applicant who is accepted for membership will be enrolled in
the Auxiliary and will be issued a membership certificate and
identification card. Possession of a membership certificate or
identification card does not entitle a person to any rights or
privileges of the Coast Guard or the Coast Guard Reserve except as
authorized by the Commandant.

Sec.  5.11  Honorary members.

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

Sec.  5.12  Ranks, titles, designations, or grades.

    The members of the Auxiliary will have such ranks, titles,
designations, or grades, pursuant to their qualifications, as the
Commandant considers necessary.

Sec.  5.13  Advancement.

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

Sec.  5.14  Uniforms and insignia.

    Members of the Auxiliary may purchase from the Coast Guard such
uniforms and insignia as may be authorized by the Secretary. Such
uniforms and insignia may be worn by members of the Auxiliary under
such circumstances and upon such occasions as may be authorized by the
Commandant.

Sec.  5.15  [Reserved]

Sec.  5.16  Compensation and travel expenses.

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

Sec.  5.17  Status of members as Federal Employees.

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

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

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

and from a place of assigned duty and the permanent residence or other
appropriate non-duty destination.
    (b) A member of the Auxiliary who incurs physical injury or
contracts sickness or disease in the performance of duty is entitled to
medical and dental care until the resulting impairment cannot be
materially improved by further hospitalization or treatment. A member
of the Auxiliary who incurs physical injury or contracts sickness or
disease in the performance of duty is entitled to obtain medical care
from the Coast Guard, including through Coast Guard arrangements with a
contract provider, the Public Health Service, the Department of
Defense, or a Veterans' Administration facility.
    (c) If a member of the Auxiliary is physically injured or dies as a
result of physical injury, and the injury is incurred in the
performance of duty, the member or the member's beneficiaries are
authorized to receive compensation in accordance with 14 U.S.C. 707, 5
U.S.C. 8133 and 8134 and section 651 of Pub. L. 104-208 (5 U.S.C. 8133
Note).

Sec.  5.19  Disenrollment.

    A member of the Auxiliary will be disenrolled on request, upon
ceasing to possess the qualifications for membership, for cause, upon
direction of the Commandant, or upon death.

Subpart C--Activities, Operations and Training

Sec.  5.20  Authority.

    (a) Except as provided in paragraphs (b) and (c) of this section,
or otherwise limited by the Commandant, members of the Auxiliary
assigned to duty will have the same authority in its execution as a
member of the regular Coast Guard who is assigned to a similar duty.
    (b) Members of the Auxiliary are not authorized to engage in direct
law enforcement or military missions.
    (c) Members of the Auxiliary are not authorized to enforce limited
access areas, regulated navigation areas, or special local regulations.
Members of the Auxiliary assigned to patrol limited access areas,
regulated navigation areas, or areas regulated under special local
regulations may advise the public regarding compliance with the limited
access area, regulated navigation area, or areas regulated by special
local regulations.

Sec.  5.22  Assignment to duties.

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

Sec.  5.24  Procedure for assignment to duty.

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

Sec.  5.26  Training, examination, and assignment.

    (a) The Commandant will prescribe, through the Coast Guard
Auxiliary references described in Sec.  5.09 of this part, the type of
training, qualifications, and examinations required before a member of
the Auxiliary will be deemed qualified to perform certain duties, and
will prescribe the circumstances and manner in which members of the
Auxiliary will be authorized to perform regular and emergency duties.
    (b) The Commandant may authorize members of the Auxiliary to pursue
correspondence courses and distance-learning courses conducted by the
Coast Guard Institute or other authorized Coast Guard providers and to
attend other courses and training available to members of the Coast
Guard or Reserve.

Subpart D--Facilities and Equipment

Sec.  5.30  Facilities and Other Equipment.

    (a) This subpart contains regulations related to the facilities and
other equipment used by the Auxiliary or loaned by the Auxiliary to the
Coast Guard.
    (b) Status. (1) Duty. Personal property of the Auxiliary, except
when used for other than Auxiliary purposes in accordance with 14
U.S.C. 822, will be considered assigned to authorized Coast Guard duty
at all times.
    (2) Liability. Personal property of the Auxiliary, except when used
for other than Auxiliary purposes in accordance with 14 U.S.C. 822,
will be treated as property of the United States for the purposes of
the Federal Tort Claims Act, the Military Claims Act, the Public
Vessels Act, the Suits in Admiralty Act, the Admiralty Extension Act,
and other matters related to non-contractual civil liability. Personal
property of the Auxiliary is not normally covered for damage to the
property itself.
    (3) Public vessels. Vessels, aircraft, and radio stations loaned
to, or whose custody has been given to, the Auxiliary by the Coast
Guard or other Federal agencies remain public vessels of the United
States, vessels of the Coast Guard, public aircraft, Coast Guard
aircraft, or government stations, as applicable.
    (c) Expenses. (1) The Coast Guard may reimburse expenses related to
the use, operation, or maintenance of a facility.
    (2) The Coast Guard may reimburse expenses for damage or loss to or
by a facility, including remediation, restoration, repair, replacement,
or salvage costs.
    (3) The Coast Guard may provide an allowance for the maintenance of
a facility.

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

    (a) Members of the Auxiliary wishing to offer vessels, aircraft,
radio stations, motorized vehicles, trailers, or other equipment for
use as a facility must follow the procedures set forth in the Auxiliary
Operations Policy Manual described in Sec.  5.09 of this part.
    (b) Upon acceptance of the vessels, aircraft, radio stations,
motorized vehicles, trailers, or other equipment as a facility, the
Coast Guard will issue to the member the appropriate numbers and decals
identifying the facility as a Coast Guard Auxiliary facility.
    (c) In an emergency, vessels, aircraft, radio stations, motorized
vehicles, trailers, or other equipment may be accepted by the Coast
Guard without an inventory or the use of the prescribed forms.

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

    (a) Auxiliary units wishing to offer personal property of the
Auxiliary (usually unit-owned property) for use as a facility must
follow the procedures set forth in the Auxiliary Operations Policy
Manual described in Sec.  5.09 of this part.
    (b) Upon acceptance of the personal property of the Auxiliary as a
facility, the Coast Guard will issue to the Auxiliary unit the
appropriate numbers and decals identifying the facility as a Coast
Guard Auxiliary facility.
    (c) In an emergency, personal property of the Auxiliary may be
accepted by the Coast Guard without an inventory or the use of
prescribed forms.

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

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

inventoried as of the time, date, and place of re-delivery, and
mutually settled by the owner and the Coast Guard representative. If
the vessel was accepted during an emergency, any claim for lost
equipment or stores must be supported by invoices showing the date of
purchase and the cost thereof by the person submitting the claim. The
Coast Guard representative will take all proper precautions to protect
the owner's interest, as well as that of the United States.
    (b) Except as permitted in paragraph (c) of this section, no
vessel, aircraft, radio station, motorized vehicle, trailer, or other
equipment will be deemed loaned to the Coast Guard until an acceptance,
on the prescribed form, has been signed on behalf of the Coast Guard by
a person authorized by the Commandant to sign such an acceptance and a
complete inventory of consumable and expendable stores and equipment
has been made and mutually settled by the owner and the Coast Guard
representative.
    (c) In an emergency, a vessel, aircraft, radio station, motorized
vehicle, trailer, or other equipment may be loaned to Coast Guard
without an inventory or the use of the prescribed form.

Subpart E--Auxiliary Markings

Sec.  5.40  Distinctive markings for vessels, aircraft, motorized
vehicles, trailers, radio stations, and other equipment.

    (a) This subpart establishes regulations for the display of
distinctive markings of vessels, aircraft, motorized vehicles,
trailers, radio stations, and other equipment used by the Auxiliary.
    (b) Auxiliary markings on vessels, aircraft, motorized vehicles,
trailers, radio stations and other equipment. (1) Vessels, aircraft,
motorized vehicles, trailers, and radio stations or other equipment
which are owned by Auxiliary members, or are personal property of the
Auxiliary, or are otherwise affiliated with the Auxiliary may display
the Auxiliary Emblem (Sec.  5.41), the Auxiliary Ensign (Sec.  5.42),
and/or the Auxiliary Mark (Sec.  5.43).
    (2) Vessels, aircraft, motorized vehicles, trailers, radio stations
or other equipment which have been accepted as Auxiliary facilities
shall display the Auxiliary Facility Decal (Sec.  5.44).
    (3) Facilities which are assigned to Coast Guard duty shall display
the National Ensign, the Patrol Sign (Sec.  5.45) and either the Patrol
Boat Ensign (Sec.  5.46) or the Coast Guard Ensign (Sec.  5.47) as
appropriate and able.
    (4) Facilities which are assigned to Coast Guard duty and have a
Coast Guard commissioned, warrant, or non-commissioned officer onboard
may display the Coast Guard Ensign in place of the Patrol Boat Ensign.
    (c)(1) Any person who desires to reproduce Coast Guard Auxiliary
markings for non-Coast Guard Auxiliary use must obtain approval from
the U.S. Coast Guard Auxiliary Division (CG-BSX-1), 2100 2nd St. SW.,
Stop 7581, Washington, DC 20593-7581.)
    (2) Unauthorized use of Auxiliary markings is subject to the
penalties of 14 U.S.C. 638, 639 and 892.

Sec.  5.41  Auxiliary emblem.

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

Sec.  5.42  Auxiliary ensign.

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

Sec.  5.43  Auxiliary mark.

    (a) Description. The Auxiliary mark consists of a broad diagonal
blue stripe followed (to the left or aft) by two narrow stripes--first
a white stripe, and then a red stripe. The Auxiliary emblem, as
described in Sec.  5.41 of this subpart, is centered in the diagonal
blue stripe.
    (b) Display. The Auxiliary identifying mark is used to identify
personal property of the Auxiliary and on Coast Guard Auxiliary
authorized publications, stationery, jewelry, and similar items.

Sec.  5.44  Auxiliary facility decal.

    (a) Description. The Auxiliary facility decal is composed of two
parts. The upper part is a conventional white shield with a medium blue
(Coast Guard blue) Coast Guard Auxiliary emblem centered on a broad
diagonal red (Coast Guard red) slash which is at a 70 degree angle,
rising toward the hoist. The red (Coast Guard red) slash is followed,
away from the hoist, by two narrow, parallel stripes--first a white
stripe, and then a medium blue (Coast Guard blue) stripe. The entire
design is centered on the shield. The lower part displays two laterally
radiating wreath branches centered immediately beneath the shield. A
broad diagonal red (Coast Guard red) slash, which is at a 70 degree
angle, rising toward the hoist and followed, away from the hoist, by
two narrow, parallel stripes, first a white stripe and then a medium
blue (Coast Guard blue) stripe, is displayed on the wreath's right-hand
branch.
    (b) Display. Vessels, aircraft, and radio stations that are
accepted for use by the Coast Guard must display the Auxiliary facility
decal as authorized in the Auxiliary Operations Policy Manual described
in Sec.  5.09 of this part.
    (1) On vessels, the decal must be displayed on the port side of the
vessel so as to be visible by another vessel when meeting such vessel
in a port-to-port situation.
    (2) On aircraft, the decal must be displayed on the pilot's side of
the forward half of the aircraft.
    (3) On radio facilities, the miniature decal must be displayed on
the radio, on the exterior or interior of the building or trailer in
which the radio is housed, or, in the case of mobile radios, on any
legal place on the motor vehicle in which the radio is contained.

Sec.  5.45  Patrol sign.

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

radio direction finding unit while assigned to Coast Guard duty.
Normally, they will be placed in any legal position on the upper half
of both sides of the vehicle.

Sec.  5.46  Auxiliary Patrol Boat ensign.

    (a) Description. The field of the Auxiliary Patrol Boat ensign is
white. A medium blue (Coast Guard blue) Coast Guard Auxiliary emblem is
centered on a broad diagonal red (Coast Guard red) slash which is at a
70 degree angle, rising toward the hoist. The red (Coast Guard red)
slash is followed, away from the hoist, by two narrow, parallel
stripes--first a white stripe, and then a medium blue (Coast Guard
blue) stripe. The entire design is centered on the ensign.
    (b) Display. The Auxiliary Patrol Boat Ensign is flown on vessel
facilities when assigned to Coast Guard duty. The Auxiliary patrol boat
ensign must be displayed at the mast head or from the most conspicuous
hoist.

Sec.  5.47  Coast Guard Ensign

    (a) Description. The Coast Guard ensign is described in 33 CFR
23.15.
    (b) Display. The Coast Guard ensign may be displayed in place of
the Auxiliary patrol boat ensign on a vessel while it is assigned to
Coast Guard duty and has a Coast Guard commissioned, warrant, or non-
commissioned officer onboard. The Coast Guard ensign must be displayed
at the mast head or from the most conspicuous hoist.

Sec.  5.48  Marking of aircraft.

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

    Dated: April 30, 2013.
Paul F. Thomas,
Captain, U.S. Coast Guard, Director of Inspections and Compliance.
[FR Doc. 2013-10882 Filed 5-9-13; 8:45 am]
BILLING CODE 9110-04-P