[Federal Register Volume 80, Number 15 (Friday, January 23, 2015)]
[Rules and Regulations]
[Pages 3470-3481]
[FR Doc No: 2015-01045]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 5

[Docket No. USCG-1999-6712]
RIN 1625-AB66

Revision of Auxiliary Regulations

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending and reorganizing the regulations
that govern the operation and administration of the Coast Guard
Auxiliary, a uniformed, volunteer, non-military organization chartered
by Congress. The amendments conform the regulatory language to changes
in the laws governing the Coast Guard Auxiliary; clarify the
Auxiliary's organization, status, and role in Coast Guard

operations; and update provisions on liability protection for Auxiliary
members assigned to Coast Guard duty.

DATES: This final rule is effective February 23, 2015.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-1999-6712 and are available for inspection or
copying at the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. You may also find this
docket on the Internet by going to http://www.regulations.gov,
inserting USCG-1999-6712 in the ``Search'' box, and then clicking
``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Stephen Minutolo, CG-BSX-11, U.S. Coast Guard
Headquarters, Stop 7501, 2703 Martin Luther King Jr. Ave. SE.,
Washington, DC 20593-7501; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Ms. Cheryl Collins, Program Manager,
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Regulatory History
III. Basis and Purpose
IV. Background
V. Discussion of Comments and Changes
VI. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
OMB Office of Management and Budget
Pub. L. Public Law
Sec.  Section symbol
U.S.C. United States Code

II. Regulatory History

    The Coast Guard published a Notice of Proposed Rulemaking (NPRM) on
May 10, 2013 (78 FR 27321). Six members of the public submitted
comments on the proposed rule. Our responses to these submissions are
set out in section V, below.

III. Basis and Purpose

    The purpose of this final rule is to revise and reorganize the
regulations governing the Coast Guard Auxiliary. The basis of this
action is the Coast Guard's statutory authority to administer the Coast
Guard Auxiliary in 14 U.S.C. chapters 23 and 25.

IV. Background

    This final rule revises and reorganizes the regulations governing
the Coast Guard Auxiliary. The Coast Guard Auxiliary regulations were
last updated in 2003 (68 FR 9534, Feb 28, 2003) and 1996 (61 FR 33662,
June 28, 1996), but these changes did not address all of the
legislative changes being addressed in this final rule. Through this
final rule, the Coast Guard updates the regulations in accordance with
recent legislation; clarifies Auxiliary powers, duties, and
organization; amends provisions regarding Auxiliary membership; and
addresses other administrative matters. These changes address several
problems common to Auxiliary units. For a more complete list of
problems this rulemaking is intended to address, see section III,
``Background'' in the NPRM, which is located in the docket.

V. Discussion of Comments and Changes

    The Coast Guard received six submissions from members of the public
about the NPRM. The Coast Guard appreciates the commenters' time and
effort to submit comments and will address each comment received. We
have incorporated some of the comments into this final rule.
    We have divided the comments we received into two groups: Comments
from members of the public that resulted in changes to the final rule
and comments from members of the public that did not result in changes
to the final rule. We have also included a group that discusses
administrative changes made to the rule by the Coast Guard.

Comments From Members of the Public Resulting in Changes to the Final
Rule

    Three commenters requested that the Coast Guard not use the term
``disenrolled'' for members who have died. The Coast Guard understands
that the term ``disenrolled'' may have a negative connotation for some
people. The Coast Guard respects and appreciates the contributions of
every Auxiliary member who has completed their service honorably. We
have removed the words ``upon death'' in Sec.  5.19 of the final rule
text relating to reasons for which a member may be disenrolled.
    One commenter supported the Coast Guard's proposal to remove the 25
percent minimum ownership interest in a motorboat, yacht, aircraft, or
radio station. The Coast Guard agrees that requiring a minimum
ownership interest is unnecessary. The 25 percent minimum ownership
interest requirement is being removed in this final rule. The remaining
criteria for Auxiliary membership are set out in the Auxiliary Manual
(COMDTINST M16790.1(series)).

Comments From Members of the Public Not Resulting in Changes to the
Final Rule

    This section addresses comments from the public requesting changes
to the proposed regulatory text that the Coast Guard has decided not to
adopt. For a number of the comments we received, the Coast Guard's
response is that the issue is best handled in Coast Guard policy, for
the reasons discussed below.
    The Coast Guard received one comment suggesting that the Coast
Guard clarify the restriction on Auxiliary participation in direct law
enforcement. We agree that ``direct law enforcement'' should be defined
as clearly and unambiguously as possible. However, the dynamic nature
of Auxiliary operations and the need to amend operations policy suggest
that the Auxiliary manual, not the Code of Federal Regulations (CFR),
is the best place to define ``law enforcement operations.'' The Coast
Guard is responsible for ensuring that Auxiliary operations are
conducted safely and within the bounds of the Coast Guard and the
Auxiliary's authority. The scope and nature of Auxiliary operations are
constantly evolving, sometimes rapidly. Missions which would have been
unimaginable just a few years ago, such as port security and air
intercept training, are now part of everyday Auxiliary operations. In
addition, new operational restrictions sometimes come into place very
quickly. In 2001, the Auxiliary suffered an aviation mishap with the
loss of two lives. To minimize the chance of future mishaps, the Coast
Guard and Auxiliary adopted new restrictions for Auxiliary aviation
missions within weeks of the mishap. Because of the dynamic nature of
Coast Guard and Auxiliary operations and the need for the rules
governing operations to be responsive, the proper place to define
``direct law enforcement'' is the

Auxiliary Operations Policy Manual (COMDTINST M16798.3(series)), not
the CFR.
    We received one comment requesting clarification of the term
``personal property of the Auxiliary'', particularly as it relates to
licensing and insurance. ``Personal property of the Auxiliary'' is
property that is owned by or under the administrative control of an
Auxiliary unit and used for Auxiliary purposes. Coast Guard policy in
this area is set out in the Auxiliary Manual, ALCOAST 600/05, and other
Coast Guard Directives. The CFR is not the appropriate venue for
addressing this matter because the rules about property owned by the
Auxiliary are a matter of agency management and not subject to the
Administrative Procedure Act. Therefore, we will not be incorporating
the relevant Coast Guard policies into this final rule.
    Two commenters expressed concern that Auxiliary membership should
not be open to persons under the age of 17. Current regulations
restrict Auxiliary membership to persons 17 years of age or older. The
Coast Guard does not anticipate opening membership in the Auxiliary to
persons under the age of 17. We proposed to remove that restriction
from the CFR because minimum age for membership is a matter best
addressed in Coast Guard policy. Detailed criteria for Auxiliary
membership are set out in the Auxiliary Manual. This regulation change
will not change the membership requirements in Section 3.A of the
Auxiliary Manual.
    One commenter encouraged the Coast Guard to reimburse members for
travel expenses and per diem. The Coast Guard supports the maximum
reimbursement allowed by law and appropriations. This final rule does
not change the travel and per diem reimbursement policies of the Coast
Guard.
    The Coast Guard received two comments about compensation for an
Auxiliarist who is injured or dies in the line of duty. One commenter
noted that compensation for injury or death in the line of duty should
be the same as for active duty members. This final rule continues the
Coast Guard policy of providing the maximum compensation allowed by law
for Auxiliary members who die or are injured in the line of duty.
Another commenter suggested that the final rule specify the grade and
step at which auxiliary members are compensated for injuries sustained
in the line of duty. Paragraph 5.K.6.a. of the Auxiliary Manual and 14
U.S.C. 707(a) provide that members who are injured or die in the
performance of duty are compensated at a rate equal to the minimum rate
of basic pay in effect for grade GS-9 of the General Schedule. The
Coast Guard believes this policy addresses the commenter's concern
without changing the regulation.
    We received two comments about membership requirements. One
commenter noted that the requirements for Auxiliary membership should
not be more stringent than those for membership in the active duty
Coast Guard. The Coast Guard agrees. Requirements for Auxiliary
membership are driven by operational need and are not more stringent
than for membership in the active duty Coast Guard. One commenter
requested that the Coast Guard consider admitting members who have a
reenlistment code of ``RE-4'' (not eligible to reenlist). This is a
policy set out in paragraph 3.A.6.g of the Auxiliary Manual, and this
rulemaking does not change that policy.
    One commenter suggested that the regulations on eligibility for
membership include a caveat that Auxiliary membership does not entitle
a permanent resident alien to expedited naturalization processing. The
Coast Guard disagrees that a caveat is necessary. The commenter's
concern is already addressed by 14 U.S.C. 893, which provides that
Auxiliary membership does not entitle a person to additional rights or
benefits except as provided by law.
    One commenter expressed support for Auxiliary members acting as
docents and tour guides for the Coast Guard and other federal and state
property. The Coast Guard agrees. This mission has long been considered
an authorized Auxiliary activity.

Changes Made by the Coast Guard

    The Coast Guard is also making a limited number of changes to the
proposed regulatory text.
    The Coast Guard is making three changes to proposed Sec.  5.40.
First, the Coast Guard is amending Sec.  5.40(a) to clarify that the
regulations are a restatement of policy already established by Coast
Guard directives. Second, the Coast Guard is amending Sec.  5.40(b)(2)
to include a description of the markings authorized on vessels,
aircraft, motorized vehicles, trailers, and radio stations, which are
personal property of the Auxiliary. These markings are already
authorized by the U.S. Coast Guard Heraldry Manual (COMDTINST M5200.14
(series)) and paragraph 3.F.1 of the Auxiliary Operations Policy
Manual. The third change is to Sec.  5.40(b) (and in Sec. Sec.  5.45,
5.46, and 5.47, which mirror the language of Sec.  5.40). This change
clarifies the rules regarding the required display of the National
Ensign, the patrol sign, the patrol ensign, and the Coast Guard ensign
on vessels which have been accepted as facilities. The proposed rule
required that these markings be displayed when the vessel was
``assigned to Coast Guard duty.'' The final rule requires these
markings be displayed when the vessel is ``on patrol.'' A strict
reading of the Auxiliary Operations Policy Manual could lead a member
to believe that a vessel is ``assigned to duty'' (and must display the
national ensign) as soon as written orders are issued, which is not the
intent of this rule. The final rule requires display of the required
markings when a vessel is on patrol, which is defined in the Auxiliary
Operations Policy Manual as the time from getting underway until return
to the dock or launch ramp.
    The Coast Guard corrected a description in Sec.  5.44 regarding the
Auxiliary facility decal, which described the slash as rising toward
the hoist. A decal does not usually hang from a hoist, so the Coast
Guard changed the description of the Auxiliary facility decal to read
``rising toward the viewer's right.'' There is no substantive
difference in the appearance of the decal and this change will not
impact the observer.
    The Coast Guard is changing the definition of the term ``vessel''
in 33 CFR 5.1 to conform to the definition in the Inland Navigation
Rules, 33 CFR 83.03(a). Prior to this final rule, 33 CFR 1.05 defined
vessel as ``a motorboat or yacht.'' This final rule expands the
definition of vessel to include small craft such as kayaks, canoes, and
personal watercraft. These small craft are already being used in
support of Auxiliary missions. All vessels under the current
regulations will continue to meet the definition of vessel in this
final rule.
    The Coast Guard is amending the definition of the term
``motorboat'' in 33 CFR 5.1 to include vessels longer than 65 feet.
This change allows (but does not require) the Coast Guard to accept as
a facility a motorboat longer than 65 feet. All vessels meeting the
definition of motorboat in the current regulations will still be
considered vessels under the new rule.
    The Coast Guard is amending proposed Sec. Sec.  5.12 and 5.14. The
purpose of this change is to clarify the proposed rule related to
Auxiliary organization, including offices, titles, designations, and
qualifications as ordered by the Commandant. Auxiliary members may wear
the uniforms, uniform insignia, and awards that they are authorized to
wear, but Auxiliary uniform insignia are

a separate system from the insignia associated with military rank. This
change is a clarification of the proposed regulatory text and reflects
a long-standing policy.
    The Coast Guard is making these changes to Sec. Sec.  5.01 5.12,
5.14, 5.40, 5.44, 5.45, 5.46, and 5.47 without further notice and
opportunity to comment because these changes are within the scope of
the NPRM. All of subpart E of the proposed 33 CFR part 5 is a
restatement of policy which already exists in the Heraldry Manual and
the Auxiliary Operations Policy Manual and was proposed in the NPRM.
The changes to the definitions in Sec.  5.1 and the rules for uniforms
and insignia in Sec. Sec.  5.12 and 5.14 are in sections where changes
were proposed in the NPRM. Furthermore, these changes do not change the
effect of the rule proposed in the NPRM.
    In addition to revisions discussed above, this final rule changes
two sections of the proposed rule for clarity. Because these changes
only clarify existing or proposed text and will have no substantive
effect on the public, notice and comment procedures are unnecessary.
Therefore, the Coast Guard finds good cause exists under 5 U.S.C. 553
for forgoing an NPRM with respect to these administrative changes.
These changes are described below.
    In Sec.  5.30(b)(3), the paragraph heading of the proposed rule
referred to the status of ``Public vessels,'' when the section applies
to vessels, aircraft, and radio stations which are owned by, in the
custody of, or under the administrative jurisdiction of the Auxiliary.
This section interprets 14 U.S.C. 827, 828 and 829, which provide
protection against third-party damage claims to Auxiliary facilities
and equipment. The paragraph heading of the final rule was revised to
accurately reflect the scope of the statutory protection.
    Section 5.36(a) deals with the loan of vessels, aircraft, radio
stations, motorized vehicles, trailers, and other equipment. The words
``aircraft, radio station, motorized vehicle, and other equipment''
were left out of the fourth sentence and are added in the final rule.

VI. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below, we summarize our
analyses based on these statutes or Executive Orders.

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') direct agencies
to assess the costs and benefits of available regulatory alternatives
and, if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility.
    This final rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866. Accordingly, the final rule has
not been reviewed by the Office of Management and Budget.
    The NPRM was published in the Federal Register on May 10, 2013 (78
FR 27321). We received no public comments that change the substance of
the requirements or the regulatory analysis embedded in that published
NPRM, nor any specifics to that regulatory analysis. Therefore, we
adopt the NPRM regulatory analysis as final without any changes. The
NPRM regulatory analysis is replicated here for the final rule.
    The final rule conforms regulatory language to statutes, codifies
many existing practices, clarifies procedures, increases procedural
flexibility for the Coast Guard and Auxiliarists, increases overall
efficiency in the process, and re-organizes content to improve clarity.
There are no costs to either the federal government or the private
sector associated with these proposed changes.
    This final rule applies to members and prospective members of the
Coast Guard Auxiliary and people and companies that interact with the
Auxiliary. The Auxiliary is a Congressionally-chartered component of
the Coast Guard made up of uniformed volunteers. Auxiliary units
(``flotillas'') are neither corporations nor charities and often
encounter administrative trouble with banks, insurance companies, and
businesses. This rulemaking clarifies for the public the nature,
organization, and purpose of the Auxiliary, and conforms the regulatory
language to the Auxiliary statutes, as amended by legislative changes.
Many of these changes are already reflected in Coast Guard policies and
manuals. For example, the financial aspects of these regulations, such
as reimbursement of expenses, including the Standard Auxiliary
Maintenance Allowance (SAMA), incorporate already existing practices
and authorities, as detailed in the Auxiliary Manual, chapter 9 and the
Auxiliary Operations Policy Manual, chapter 3 and section B-2.
    These changes update our regulations to capture our current
practices regarding reimbursement of Auxiliary facility expenses and
maintenance costs. The payment of death gratuities to the
representatives of Auxiliarists who die in the performance of duty
while assigned to duty is currently funded pursuant to legislative
authorization and supported by Commandant policy (COMDTINST 12550.21A,
CG Death Gratuity Payment), enabling Auxiliarists to be regarded as
Coast Guard employees for the purpose of death gratuity payments.
    The primary benefit of this final rule is to conform regulatory
language to the legislative changes described in section III,
Background. This rulemaking makes it easier and more efficient for
Auxiliarists to interact with banks, insurance agents, and the Coast
Guard. Banks help process reimbursements (via direct deposit) for
operations and other missions requiring Auxiliarists to incur an
initial expense from their personal funds. Insurance agents'
relationships are also important, as Auxiliarists may be reimbursed for
damages to their vessels when those vessels are engaged in waterborne
or airborne operational patrols.
    We have classified the proposed changes into categories, as listed
in Table 1. There are no costs associated with the changes.

                           Table 1--33 CFR Part 5 Categories and Discussion of Changes
----------------------------------------------------------------------------------------------------------------
          Proposed section             Category of change          Cost impact          Discussion of changes
----------------------------------------------------------------------------------------------------------------
Sec.   5.1.........................  Revise section........  None--Administrative    Revises the definition of
                                                              revisions made          ``Act'' to ``Auxiliary
                                                              consistent with         Act'' and to include
                                                              statutory changes.      recent statutory
                                                                                amendments, including the
                                                                                Coast Guard Authorization
                                                                                Act of 1996 (Pub L. 104-
                                                                                324), the 2002 amendment
                                                                                contained in the Maritime
                                                                                Transportation Security
                                                                                Act of 2002 (Pub. L. 107-
                                                                                295), the 2004 amendment
                                                                                contained in the Coast
                                                                                Guard and Maritime
                                                                                Transportation Security
                                                                                Act of 2004 (Pub. L. 108-
                                                                                293), the 2006 amendments
                                                                                contained in the Coast
                                                                                Guard and Maritime
                                                                                Transportation Act of 2006
                                                                                (Pub. L. 109-241) and the
                                                                                2012 amendments contained
                                                                                the Coast Guard and
                                                                                Maritime Transportation
                                                                                Act of 2012 (Pub. L. 112-
                                                                                213). Added parts or
                                                                                completed definitions for
                                                                                ``Personal property of the
                                                                                Auxiliary'' and ``Direct
                                                                                law enforcement''. Amended
                                                                                definition for ``Facility
                                                                                or facilities'', ``radio
                                                                                station'', ``vessel'',
                                                                                ``motorboat'', and
                                                                                ``Secretary''.
Sec.   5.3.........................  Revise section........  None--Administrative    Discusses Auxiliary purpose
                                                              revisions made          and scope of activities to
                                                              consistent with         conform to language in 14
                                                              statutory changes.      U.S.C. 822, as amended in
                                                                                1996.
Sec.   5.5.........................  Revise and expand       None--Clarification of  Added to clarify non-
                                      section.                existing law.           military nature of
                                                                                Auxiliary and composition
                                                                                of elected and appointed
                                                                                officers.
Sec.   5.7.........................  Revise section........  None..................  Describes Commandant's
                                                                                authority to redelegate to
                                                                                the Auxiliary and existing
                                                                                delegations.
Sec.   5.9.........................  Revise section........  None--Reorganization    Existing contents covered
                                                              and revision to         in new Sec.   5.10. New
                                                              reflect current         content establishes
                                                              practice.               various Coast Guard
                                                                                directives and
                                                                                publications as
                                                                                appropriate references.
                                                                                Provides details of
                                                                                Auxiliary activities
                                                                                through Source 1:
                                                                                Auxiliary Manual and
                                                                                Source 2: Auxiliary
                                                                                Operations Policy Manual.
Sec.   5.10........................  Add section...........  None--Removes Barrier   New content moved from Sec.
                                                              to Entry.                 5.9 and revised.
                                                                                Eliminates minimum age and
                                                                                ownership requirements to
                                                                                remove unnecessary
                                                                                barriers to entry into
                                                                                Auxiliary. Reflects recent
                                                                                legislative change that
                                                                                authorizes eligibility for
                                                                                Auxiliary members to
                                                                                include United States
                                                                                nationals and aliens
                                                                                lawfully admitted for
                                                                                permanent residence.
Sec.   5.11........................  Revise section........  None--Reorganization..  Existing content removed as
                                                                                redundant of 14 U.S.C.
                                                                                825; new content moved
                                                                                with minor edits from Sec.
                                                                                5.25.
Sec.   5.12........................  Add section...........  None--Reorganization..  New content moved with
                                                                                minor edits from Sec.
                                                                                5.21.
Sec.   5.13........................  Revise section........  None--Reorganization..  Existing content covered by
                                                                                Sec.   5.10 and published
                                                                                in the Auxiliary Manual,
                                                                                Chapter 3A. New content
                                                                                moved with minor edits
                                                                                from Sec.   5.23.
Sec.   5.14........................  Add section...........  None--Reorganization..  New content moved from Sec.
                                                                                5.61--Uniforms and Sec.
                                                                                5.63--Insignia and
                                                                                combined. See Source 1 for
                                                                                additional background.
Sec.   5.15........................  Reserved..............  None--Reorganization    Existing content moved to
                                                              and Clarification.      Sec.   5.10 and revised
                                                                                for clarity.
Sec.   5.16........................  Add section...........  None--Reorganization..  New content moved from Sec.
                                                                                5.55--Compensation and
                                                                                Sec.   5.57--Traveling
                                                                                expenses and per diem and
                                                                                combined with minor edit.
Sec.   5.17........................  Revise section........  None--Reorganization    Existing content moved to
                                                              and Clarification of    Sec.   5.19. New content
                                                              Current Practice        added to clarify the
                                                              consistent with         status of Auxiliarists as
                                                              statute.                Federal employees only as
                                                                                provided for by 14 U.S.C.
                                                                                823a.
Sec.   5.18........................  Add section...........  None--Clarification of  Added to clarify the
                                                              Current Practice.       benefits paid in case of
                                                                                injury or death while
                                                                                assigned to duty. In
                                                                                general, these benefits
                                                                                are currently covered in
                                                                                AFC-08 account for
                                                                                civilian pay. Procedures
                                                                                already in place. See
                                                                                Source 1, Chapter 5
                                                                                Section K: Claims, Injury,
                                                                                or Death while Assigned to
                                                                                Duty and K.6.: Death of an
                                                                                Auxiliarist while Assigned
                                                                                to Duty. No new cost to
                                                                                the Coast Guard or
                                                                                Auxiliary as this is
                                                                                current practice.
Sec.   5.19........................  Revise section........  None--Reorganization..  Existing content moved to
                                                                                Sec.   5.26(b); new
                                                                                content moved from current
                                                                                Sec.   5.17.
Sec.   5.20........................  Add section...........  None--Reorganization,   Moved from Sec.   5.31. The
                                                              revisions to reflect    Coast Guard amends this
                                                              current practice.       section to remove the word
                                                                                ``specific''. It also
                                                                                implements current policy
                                                                                on exclusion from law
                                                                                enforcement
                                                                                responsibilities and
                                                                                authority of Auxiliarists
                                                                                and recognition that
                                                                                status and authority of
                                                                                Auxiliarists in various
                                                                                duty assignments may be
                                                                                limited compared to their
                                                                                Coast Guard counterparts.
                                     Remove Sec.   5.21....  None--Reorganization..  Moved to Sec.   5.12.
Sec.   5.22........................  Add section...........  None--Reorganization..  Existing content moved to
                                                                                Sec.   5.12. New content
                                                                                moved from Sec.   5.27 and
                                                                                5.29 with minimal edits.
                                     Remove Sec.   5.23....  None--Reorganization..  Moved to Sec.   5.13.
Sec.   5.24........................  Add section...........  None--Current practice  Added to include
                                                                                information about
                                                                                procedures for assignment
                                                                                to duty of Auxiliarists
                                                                                and their facilities. This
                                                                                section codifies the
                                                                                language in the Auxiliary
                                                                                Manual.
                                     Remove Sec.   5.25....  None--Reorganization..  Moved to Sec.   5.11.
Sec.   5.26........................  Add section...........  None--Reorganization..  New content moved from Sec.
                                                                                5.33. Added minor edited
                                                                                item from Sec.   5.19.
                                     Remove Sec.   5.27....  None--Reorganization..  Moved to Sec.   5.22.

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

B. Small Entities

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

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104-121, we offered to assist small
entities

in understanding this rule so that they could better evaluate its
effects on them and participate in the rulemaking. The Coast Guard will
not retaliate against small entities that question or complain about
this rule or any policy or action of the Coast Guard.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).

D. Collection of Information

    This final rule calls for no new collection of information under
the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520.

E. Federalism

    A rule has implications for federalism under Executive Order 13132
(``Federalism'') if it has a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government. We have analyzed this rule under Executive Order
13132 and have determined that it is consistent with the fundamental
federalism principles and preemption requirements described in
Executive Order 13132. This rule revises and reorganizes Coast Guard
regulations governing the Coast Guard Auxiliary. The rule is an
exercise of authority specifically granted to the Coast Guard in
chapters 23 and 25 of Title 14 (Coast Guard), U.S.C., and is a matter
of internal administration. It does not prevent states from
establishing local law enforcement, public safety, or response
capabilities. Therefore, this rule does not have implications for
federalism under Executive Order 13132.

F. Unfunded Mandates Reform Act

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

G. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630 (``Governmental
Actions and Interference with Constitutionally Protected Property
Rights'').

H. Civil Justice Reform

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

I. Protection of Children

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

J. Indian Tribal Governments

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

K. Energy Effects

    We have analyzed this rule under Executive Order 13211 (``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use''). We have determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' under Executive Order 12866 and is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy.

L. Technical Standards

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

M. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD
(National Environmental Policy Act Implementing Procedures and Policy
For Considering Environmental Impacts Manual), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969,
42 U.S.C. 4321-4370f, and have concluded that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves the
operation and administration of the Coast Guard Auxiliary and falls
under section 2.B.2, figure 2-1, paragraphs (34)(a), (b), (c), and (d)
of the Instruction. These paragraphs exempt regulations which are
editorial or procedural, concern internal agency functions or
organization, concern the training and qualifying of maritime
personnel, and concern the inspection of vessels, respectively. An
environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 5

    Volunteers.

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

PART 5--COAST GUARD AUXILIARY

Subpart A--General
Sec.
5.1 Definitions.
5.3 Purpose.
5.5 Organization, officers, and leadership.
5.7 Administration, specific authorizations.
5.9 References.
Subpart B--Membership
5.10 Eligibility for membership.
5.11 Honorary members.
5.12 Offices, titles, designations, qualifications, and recognition.
5.13 Advancement.
5.14 Uniforms and insignia.
5.15 [Reserved]
5.16 Compensation and travel expenses.
5.17 Status of members as Federal employees.
5.18 Injury or death in the line of duty.
5.19 Disenrollment.

Subpart C--Activities, Operations, and Training
5.20 Authority.
5.22 Assignment to duties.
5.24 Procedure for assignment to duty.
5.26 Training, examination, and assignment.
Subpart D--Facilities and Other Equipment
5.30 Facilities and other equipment.
5.32 Offer of member-owned vessels, aircraft, radio stations,
motorized vehicles, trailers, and other equipment for use as a
facility.
5.34 Offers of personal property of the Auxiliary for use as a
facility.
5.36 Loan of vessels, aircraft, radio stations, motorized vehicles,
trailers, or other equipment to the Coast Guard.
Subpart E--Auxiliary Markings
5.40 Distinctive markings for vessels, aircraft, motorized vehicles,
trailers, radio stations, and other equipment.
5.41 Auxiliary emblem.
5.42 Auxiliary ensign.
5.43 Auxiliary mark.
5.44 Auxiliary facility decal.
5.45 Patrol sign.
5.46 Auxiliary patrol ensign.
5.47 Coast Guard ensign.
5.48 Marking of aircraft.

    Authority: 14 U.S.C. 633, 821, 822, 823, 823a, 824, 826, 827,
828, 829, 830, 831, 832, 892.

Subpart A--General

Sec.  5.1  Definitions.

    Certain terms used in this part are defined as follows:
    Aircraft means any contrivance now known or hereafter invented,
used, or designed for navigation of or flight in the air.
    Auxiliary means the United States Coast Guard Auxiliary established
pursuant to the Auxiliary Act.
    Auxiliary Act means the laws governing the Coast Guard Auxiliary,
codified in chapters 23 and 25 of Title 14, United States Code (14
U.S.C. 821-894).
    Commandant means the Commandant of the United States Coast Guard.
    Direct Law Enforcement includes boarding a vessel for law
enforcement purposes, carrying firearms or law enforcement equipment
(handcuffs, pepper spray, etc.), investigating complaints of negligent
operations, serving subpoenas, and covert operations. For more details
see Chapter 4.E. of the Auxiliary Operations Policy Manual, COMDTINST
M16798.3 (series).
    Facility means a vessel, aircraft, radio station, motorized
vehicle, trailer, or other equipment accepted for use by the Coast
Guard.
    Member means any person who is a member of the Auxiliary.
    Motorboat means any documented or numbered vessel propelled by
machinery.
    Personal property of the Auxiliary means a vessel, aircraft, radio
station, motorized vehicle, trailer, or other equipment owned by, or
under the administrative jurisdiction of, the Coast Guard Auxiliary or
an Auxiliary unit, and that is used solely for Auxiliary purposes and
in accordance with the Auxiliary Act.
    Radio station means any equipment (including a building,
recreational vehicle, trailer, or other motorized vehicle which houses
such equipment) used for radio communication or direction finding.
    Secretary means the Secretary of the Department in which the Coast
Guard is operating.
    Vessel means any water craft, including non-displacement craft and
seaplanes, used, or capable of being used, as a means of transportation
on water.
    Yacht means either--
    (1) Any documented or numbered vessel used exclusively for
pleasure; or
    (2) Any sailboat used exclusively for pleasure more than 16 feet in
length measured end-to-end over the deck, excluding sheer.

Sec.  5.3  Purpose.

    (a) The Auxiliary is a uniformed, volunteer, non-military
organization administered by the Commandant under the direction of the
Secretary.
    (b) The purpose of the Auxiliary is to assist the Coast Guard, as
authorized by the Commandant, in performing any Coast Guard function,
power, duty, role, mission, or operation authorized by law.
    (c) Auxiliary units assist the Coast Guard in maintenance and
upkeep, and in conducting tours of Coast Guard and other Federal- or
State-owned structures and property.
    (d) The Auxiliary assist Federal, State, and municipal agencies, as
authorized by the Commandant.

Sec.  5.5  Organization, officers, and leadership.

    (a) The Coast Guard Auxiliary is organized pursuant to the
Auxiliary Act and Coast Guard regulations. Organizational elements
include a national board and staff, national leadership, areas,
districts, regions, divisions, and flotillas. A flotilla is the basic
organizational unit of the Auxiliary.
    (b) The Auxiliary has elected and appointed officers.
    (1) Elected officers are in charge of Auxiliary units and elements
at both the national and local levels of the Auxiliary organization.
The Unit Leader is the senior elected officer at each level of the
Auxiliary organization: Flotilla Commanders, Division Commanders,
District Commodores, and the National Commodore are unit leaders.
    (2) Appointed officers are appointed by elected officers and hold
staff positions in Auxiliary units at both the national and local
levels of the Auxiliary organization.
    (c) For all Auxiliary units, the Unit Leader is the person
authorized to exercise the authority set forth in Sec.  5.7 on behalf
of his or her unit, and may delegate that authority.
    (d) For all Auxiliary units, the Finance Officer is the person
authorized to handle, transfer and disburse bank accounts, monies,
stocks, bonds, and other items of intangible personal property on
behalf of his or her Auxiliary Unit.

Sec.  5.7  Administration, specific authorizations.

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

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

Sec.  5.9  References.

    Further guidance on Auxiliary missions and activities may be found
in Coast Guard directives and publications, including the Auxiliary
Manual (Commandant Instruction M16790.1(series)) and the Auxiliary
Operations Policy Manual (Commandant Instruction M16798.3(series)).
Those directives and publications can be found online at http://www.uscg.mil/auxiliary/publications/comdtinst/.

Subpart B--Membership

Sec.  5.10  Eligibility for membership.

    (a) To be eligible for membership in the Auxiliary, a person must--
    (1) Be a United States citizen, a national of the United States or
of its Territories and possessions, or an alien lawfully admitted for
permanent residence; and
    (2) Meet the standards for enrollment, retention, and conduct
established by the Commandant.
    (b) An applicant who is accepted for membership will be enrolled in
the Auxiliary and will be issued a membership certificate and
identification card. Possession of a membership certificate or
identification card does not entitle a person to any rights or
privileges of the Coast Guard or the Coast Guard Reserve except as
authorized by the Commandant.

Sec.  5.11  Honorary members.

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

Sec.  5.12  Offices, titles, designations, qualifications, and
recognition.

    Members of the Auxiliary will have such offices, titles,
designations, qualifications, and recognition for achievements as
prescribed by the Commandant.

Sec.  5.13  Advancement.

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

Sec.  5.14  Uniforms and insignia.

    (a) Members of the Auxiliary are authorized to wear uniforms,
uniform insignia, and awards as prescribed by the Commandant. Auxiliary
uniform insignia indicate, and are solely associated with, Auxiliary
offices, titles, designations, qualifications, and achievements.
Auxiliary uniform insignia do not indicate rank in any military service
or government agency.
    (b) Members of the Auxiliary may purchase from the Coast Guard such
uniforms, insignia, and awards as may be authorized by the Commandant.

Sec.  5.15  [Reserved]

Sec.  5.16  Compensation and travel expenses.

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

Sec.  5.17  Status of members as Federal employees.

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

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

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

Sec.  5.19  Disenrollment.

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

Subpart C--Activities, Operations, and Training

Sec.  5.20  Authority.

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

Sec.  5.22  Assignment to duties.

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

Sec.  5.24  Procedure for assignment to duty.

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

Sec.  5.26  Training, examination, and assignment.

    (a) The Commandant will prescribe, through the Coast Guard
Auxiliary directives referenced in Sec.  5.9, the type of training,
qualifications, and examinations required before a member of the
Auxiliary will be deemed qualified to perform certain duties, and will
prescribe the circumstances and manner in which members of the
Auxiliary will be authorized to perform regular and emergency duties.
    (b) The Commandant may authorize members of the Auxiliary to pursue
correspondence courses and distance-learning courses conducted by the
Coast Guard Institute or other authorized Coast Guard providers and to
attend other courses and training available to members of the Coast
Guard or Coast Guard Reserve.

Subpart D--Facilities and Other Equipment

Sec.  5.30  Facilities and other equipment.

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

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

    (a) Members of the Auxiliary wishing to offer vessels, aircraft,
radio stations, motorized vehicles, trailers, or other equipment for
use as a facility must follow the procedures set forth in the Auxiliary
Operations Policy Manual referenced in Sec.  5.9.
    (b) Upon acceptance of the vessels, aircraft, radio stations,
motorized vehicles, trailers, or other equipment as a facility, the
Coast Guard will issue to the member the appropriate numbers and decals
identifying the facility as a Coast Guard Auxiliary facility.
    (c) In an emergency, vessels, aircraft, radio stations, motorized
vehicles, trailers, or other equipment may be accepted by the Coast
Guard without an inventory or the use of the prescribed forms.

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

    (a) Auxiliary units wishing to offer personal property of the
Auxiliary (usually unit-owned property) for use as a facility must
follow the procedures set forth in the Auxiliary Operations Policy
Manual referenced in Sec.  5.9.
    (b) Upon acceptance of the personal property of the Auxiliary as a
facility, the Coast Guard will issue to the Auxiliary unit the
appropriate numbers and decals identifying the facility as a Coast
Guard Auxiliary facility.
    (c) In an emergency, personal property of the Auxiliary may be
accepted by the Coast Guard without an inventory or the use of
prescribed forms.

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

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

Subpart E--Auxiliary Markings

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

    (a) This subpart describes the design and display of distinctive
markings used by Auxiliary vessels, aircraft, motorized vehicles,
trailers, radio stations, and other equipment. These markings are
established in the directives referenced in Sec.  5.9 and the U.S.
Coast Guard Heraldry Manual (COMDTINST M5200.14(series)).
    (b) Auxiliary markings on vessels, aircraft, motorized vehicles,
trailers, radio stations and other equipment. (1) Vessels, aircraft,
motorized vehicles, trailers, radio stations, and other equipment which
are owned by Auxiliary members, or are personal property of the
Auxiliary, or are otherwise affiliated with the Auxiliary may display
the Auxiliary emblem (Sec.  5.41), the Auxiliary ensign (Sec.  5.42),
and/or the Auxiliary mark (Sec.  5.43).
    (2) Vessels, aircraft, motorized vehicles, trailers, radio
stations, and other equipment which are personal property of the
Auxiliary may be marked ``U.S. COAST GUARD AUXILIARY'', ``U.S. COAST
GUARD AUX'', or ``USCGAUX'' in accordance with Coast Guard policy.
    (3) Vessels, aircraft, motorized vehicles, trailers, radio
stations, and other equipment which have been accepted as facilities
shall display the Auxiliary facility decal (Sec.  5.44).
    (4) Vessels that have been accepted as facilities and are on
patrol, whether or not they are underway, shall display the

National Ensign, the patrol sign (Sec.  5.45) and either the patrol
ensign (Sec.  5.46) or the Coast Guard ensign (Sec.  5.47) as
appropriate and able.
    (5) Vessels that have been accepted as facilities and are on
patrol, whether or not they are underway, and have a Coast Guard
commissioned, warrant, or non-commissioned officer onboard shall
display the Coast Guard ensign in place of the patrol ensign.
    (c)(1) Any person who desires to reproduce Coast Guard Auxiliary
markings for non-Coast Guard Auxiliary use must obtain approval from
Commandant (CG-BSX-11), Attn: Auxiliary Division, U.S. Coast Guard Stop
7501, 2703 Martin Luther King Jr. Ave. SE., Washington, DC 20593-7501.
    (2) Unauthorized use of Auxiliary markings is subject to the
penalties of 14 U.S.C. 638, 639 and 892.

Sec.  5.41  Auxiliary emblem.

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

Sec.  5.42  Auxiliary ensign.

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

Sec.  5.43  Auxiliary mark.

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

Sec.  5.44  Auxiliary facility decal.

    (a) Description. The Auxiliary facility decal is composed of two
parts. The upper part is a conventional white shield with a medium blue
(Coast Guard blue) Coast Guard Auxiliary emblem centered on a broad
diagonal red (Coast Guard red) slash which is at a 70 degree angle,
rising toward the viewer's right. The red (Coast Guard red) slash is
followed, on the viewer's left, by two narrow, parallel stripes--first
a white stripe, and then a medium blue (Coast Guard blue) stripe. The
entire design is centered on the shield. The lower part displays two
laterally radiating wreath branches centered immediately beneath the
shield. A broad diagonal red (Coast Guard red) slash, which is at a 70
degree angle, rising toward the viewer's right and followed, on the
viewer's left, by two narrow, parallel stripes, first a white stripe
and then a medium blue (Coast Guard blue) stripe, is displayed on the
wreath's right-hand branch.
    (b) Display. Vessels, aircraft, motorized vehicles, trailers, radio
stations and other equipment accepted for use by the Coast Guard must
display the Auxiliary facility decal as authorized in the Auxiliary
Operations Policy Manual referenced in Sec.  5.9.
    (1) On vessels, the decal must be displayed on the port side of the
vessel so as to be visible by another vessel when meeting such vessel
in a port-to-port situation.
    (2) On aircraft, the decal must be displayed on the pilot's side of
the forward half of the aircraft.
    (3) On radio facilities, the miniature decal must be displayed on
the radio, and the full-size decal must be displayed on the exterior or
interior of the building or trailer in which the radio is housed, or,
in the case of mobile radios, on any legal place on the motor vehicle
in which the radio is contained.
    (4) On motorized vehicles, trailers and other equipment, the decal
must be displayed on a clearly visible exterior location.

Sec.  5.45  Patrol sign.

    (a) Description. The Auxiliary facility patrol sign has the words
``Coast Guard Auxiliary Patrol'' in black or dark blue lettering and
must contain the Auxiliary emblem, as described in this subpart,
centered within the confines of a broad diagonal red (Coast Guard red)
stripe which is at a 70 degree angle rising toward the bow of the
vessel. The red (Coast Guard red) stripe is followed, away from the
bow, by two narrow, parallel stripes--first a white stripe, and then a
medium blue (Coast Guard blue) stripe. The background of the sign must
be white.
    (b) Display. (1) The patrol sign must be displayed by vessels while
on patrol, whether or not the vessel is underway.
    (2) The patrol sign must be displayed on the forward half of each
side and may be displayed on the stern of the vessel.
    (3) The patrol sign may be displayed on each side of a motorized
vehicle or trailer containing a mobile radio or radio direction finding
unit while assigned to Coast Guard duty. Normally, they will be placed
in any legal position on the upper half of both sides of the vehicle.

Sec.  5.46  Auxiliary patrol ensign.

    (a) Description. The field of the Auxiliary patrol ensign is white.
A medium blue (Coast Guard blue) Coast Guard Auxiliary emblem is
centered on a broad diagonal red (Coast Guard red) slash which is at a
70 degree angle, rising toward the hoist. The red (Coast Guard red)
slash is followed, away from the hoist, by two narrow, parallel
stripes--first a white stripe, and then a medium blue (Coast Guard
blue) stripe. The entire design is centered on the ensign.
    (b) Display. Vessels that have been accepted as facilities shall
display the Auxiliary patrol ensign when on patrol, whether or not the
vessel is underway. The Auxiliary patrol ensign must be displayed at
the mast head or from the most conspicuous hoist.

Sec.  5.47  Coast Guard ensign.

    (a) Description. The Coast Guard ensign is described in 33 CFR
23.15.
    (b) Display. Vessels that have been accepted as facilities and that
have a Coast Guard commissioned, warrant or non-commissioned officer
onboard shall display the Coast Guard ensign in place of the Auxiliary
patrol ensign while on patrol, whether or not the vessel is underway.
The Coast Guard ensign must be displayed at the mast head or from the
most conspicuous hoist.

Sec.  5.48  Marking of aircraft.

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

    Dated: January 16, 2015.
J.C. Burton,
Captain, U.S. Coast Guard, Director of Inspections and Compliance.
[FR Doc. 2015-01045 Filed 1-22-15; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 100 (Thursday, May 23, 2013)]
[Notices]
[Page 30913]
[FR Doc No: 2013-12298]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2454-072]

ALLETE, Inc.; Notice of Application for Temporary Amendment of
License and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Temporary Amendment of License.
    b. Project No: 2454-072.
    c. Date Filed: April 30, 2013.
    d. Applicant: ALLETE, Inc.
    e. Name of Project: Sylvan Project.
    f. Location: The project is located on the Crow Wing River in Cass,
Crow Wing, and Morrison counties, Minnesota.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Bonnie L. Carlson, Minnesota Power, 30 West
Superior Street, Duluth, MN 55802-2093,<PHONE_NUMBER>.
    i. FERC Contact: Christopher Chaney,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: June 17, 2013.
    All documents may be filed electronically via the Internet. See, 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site at http://www.ferc.gov/docs-filing/efiling.asp. If unable to be
filed electronically, documents may be paper-filed. To paper-file, an
original and seven copies should be mailed to: Secretary, Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426. Commenters can submit brief comments up to 6,000 characters,
without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and
contact information at the end of your comments. Please include the
project number (P-2454-072) on any comments or motions filed.
    k. Description of Application: ALLETE, Inc., d/b/a Minnesota Power,
is requesting a temporary amendment of Article 401 of its license in
order to address spillway structure stability concerns. The applicant
initiated a drawdown of 1.5 feet from the normal reservoir elevation of
1177.0 feet on December 17, 2012. The applicant proposes to maintain
the elevation within 0.25 feet of 1175.5 feet under normal
operations until spillway repairs are completed, and the reservoir is
refilled. As currently planned, the reservoir will be refilled during
the fall of 2014.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field (P-2454) to access the document. You
may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, call 1-866-
208-3676 or email<EMAIL_ADDRESS>for TTY, call (202) 502-
8659. A copy is also available for inspection and reproduction at the
address in item (h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or
``MOTION TO INTERVENE'' as applicable; (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis and otherwise comply with the requirements of 18 CFR
4.34(b). All comments, motions to intervene, or protests should relate
to project works which are the subject of the amendment application.
Agencies may obtain copies of the application directly from the
applicant. A copy of any protest or motion to intervene must be served
upon each representative of the applicant specified in the particular
application. If an intervener files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency. A copy of all other
filings in reference to this application must be accompanied by proof
of service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and
385.2010.

    Dated: May 16, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-12298 Filed 5-22-13; 8:45 am]
BILLING CODE 6717-01-P