§ 26.03 Radiotelephone required. (a) Unless an exemption is granted under § 26.09 and except as provided in paragraph (a)(4) of this section, section 4 of the Act provides that— (1) Every power-driven vessel of 300 gross tons and upward while navigating; (2) Every vessel of 100 gross tons and upward carrying one or more passengers for hire while navigating; (3) Every towing vessel of 26 feet or over in length while navigating; and (4) Every dredge and floating plant engaged in or near a channel or fairway in operations likely to restrict or affect navigation of other vessels: Provided, That an unmanned or intermittently manned floating plant under the control of a dredge need not be required to have separate radiotelephone capability; Shall have a radiotelephone capable of operation from its navigational bridge, or in the case of a dredge, from its main control station, and capable of transmitting and receiving on the frequency or frequencies within the 156-162 Mega-Hertz band using the classes of emissions designated by the Federal Communications Commission, after consultation with other cognizant agencies, for the exchange of navigational information. (b) The radiotelephone required by paragraph (a) of this section shall be carried on board the described vessels, dredges, and floating plants upon the navigable waters of the United States inside the lines established pursuant to section 2 of the Act of February 19, 1895 (28 Stat. 672), as amended. § 26.04 Use of the designated frequency. (a) No person may use the frequency designated by the Federal Communications Commission under section 8 of the Act, 33 U.S.C. 1207(a), to transmit any information other than information necessary for the safe navigation of vessels or necessary tests. (b) Each person who is required to maintain a listening watch under section 5 of the Act shall, when necessary, transmit and confirm, on the designated frequency, the intentions of his vessel and any other information necessary for the safe navigation of vessels. (c) Nothing in these regulations may be construed as prohibiting the use of the designated frequency to communicate with shore stations to obtain or furnish information necessary for the safe navigation of vessels. NOTE: The Federal Communications Commission has designated the frequency 156.65 MHz for the use of bridge-to-bridge radiotelephone stations. § 26.05 Use of radiotelephone. Section 5 of the Act states (a) The radiotelephone required by this Act is for the exclusive use of the master or person in charge of the vessel, or the person designated by the master or person in charge of the vessel, or the person designated by the master or person in charge to pilot or direct the movement of the vessel, who shall maintain a listening watch on the designated frequency. Nothing contained herein shall be interpreted as precluding the use of portable radiotelephone equipment to satisfy the requirements of this Act. § 26.06 Maintenance of radiotelephone; failure of radiotelephone. Section 6 of the Act states (a) Whenever radiotelephone capability is required by this Act, a vessel's radiotelephone equipment shall be maintained in effective operating condition. If the radiotelephone equipment carried aboard a vessel ceases to operate, the master shall exercise due diligence to restore it or cause it to be restored to effective operating condition at the earliest practicable time. The failure of a vessel's radiotelephone equipment shall not, in itself, constitute a violation of this Act, nor shall it obligate the master of any vessel to moor or anchor his vessel; however, the loss of radiotelephone capability shall be given consideration in the navigation of the vessel. § 26.07 English language. No person may use the services of, and no person may serve as a person required to maintain a listening watch under section 5 of the Act, 33 U.S.C. 1204 unless he can speak the English language. § 26.08 Exemption procedures. (a) Any person may petition for an exemption from any provision of the Act or this part; (b) Each petition must be submitted in writing to U.S. Coast Guard (G-W), 2100 Second Street SW., Washington, DC 20593, and must state (1) The provisions of the Act or this part from which an exemption is requested; and (2) The reasons why marine navigation will not be adversely affected if the exemption is granted and if the exemption relates to a local communication system how that system would fully comply with the intent of the concept of the Act but would not conform in detail if the exemption is granted. [CGD 71-114R, 37 FR 12720, June 28, 1972, as amended by CGD 73-256, 39 FR 9176, Mar. 8, 1974] § 26.09 List of exemptions. (a) All vessels navigating on those waters governed by the navigation rules for Great Lakes and their connecting and tributary waters (33 U.S.C. 241 et seq.) are exempt from the requirements of the Vessel Bridgeto-Bridge Radiotelephone Act and this part until May 6, 1975. (b) Each vessel navigating on the waters under the navigation rules for the Great Lakes and their connecting and tributary waters (33 U.S.C. 241 et seq.) and to which the Vessel Bridgeto-Bridge Radiotelephone Act (33 U.S.C. 1201-1208) applies is exempt from the requirements in 33 U.S.C. 1203, 1204, and 1205 and the regulations under §§ 26.03, 26.04, 26.05, 26.06, and 26.07. Each of these vessels and each person to whom 33 U.S.C. 1208(a) applies must comply with Articles VII, X, XI, XII, XIII, XV, and XVI and Technical Regulations 1-7 of “The Agreement Between the United States of America and Canada for Promotion of Safety on the Great Lakes by Means of Radio, 1973." [CGD 72-223R, 37 FR 28633, Dec. 28, 1972, as amended by CGD 74-291, 39 FR 44980, Dec. 30, 1974; CGD 74-304, 40 FR 19470, May 5, 1975] § 26.10 Penalties. Section 9 of the Act states (a) Whoever, being the master or person in charge of a vessel subject to the Act, fails to enforce or comply with the Act or the regulations hereunder; or whoever, being designated by the master or person in charge of a vessel subject to the Act to pilot or direct the movement of a vessel fails to enforce or comply with the Act or the regulations hereunder-is liable to a civil penalty of not more than $500 to be assessed by the Secretary. (b) Every vessel navigated in violation of the Act or the regulations hereunder is liable to a civil penalty of not more than $500 to be assessed by the Secretary, for which the vessel may be proceeded against in any District Court of the United States having jurisdiction. (c) Any penalty assessed under this section may be remitted or mitigated by the Secretary, upon such terms as he may deem proper. SUBCHAPTER B-MILITARY PERSONNEL PART 40-CADETS OF THE COAST GUARD § 40.1 Program for appointing cadets. The Coast Guard conducts a program for appointing qualified men and women as cadets who are admitted to the Coast Guard Academy, New London, Connecticut. The Superintendent of the Coast Guard Academy tenders appointments on the basis of previous acadernic performance, reported College Entrance Examination Board or American College Testing scores, and the findings of a Cadet Candidate Evaluation Board, consisting of Coast Guard officers appointed by the Superintendent of the Coast Guard Academy, which reviews each applicant's personal qualifications. In addition, a Service Academy Medical Examination must be satisfactorily completed before appointment. Applications must be submitted on Coast Guard form CG-4151. This form, along with additional information on the Cadet appointment program, may be obtained from the Director of Admissions, U.S. Coast Guard Academy, New London, CT 06230. (14 U.S.C. 182 and 633, 49 CFR 1.46(b)) Sec. Subpart 45.10-Discharges 45.10-1 Types of discharges. 45.10-5 Issuance of discharges. 45.10-10 Physical examination prior to discharge. Subpart 45.20-Miscellaneous 45.20-1 Application for certificate in lieu of discharge. AUTHORITY: Sec. 92, 63 Stat. 503, as amended, secs. 351, 368, 63 Stat. 520, as amended, 524; 14 U.S.C. 92, 351, 368. SOURCE: CGFR 51-28, 16 FR 10310, Oct. 10, 1951, unless otherwise noted. Subpart 45.01-Enlistments § 45.01-1 Enlistments, general. All enlistments in the Coast Guard shall be for general service without reference to any particular unit, and enlisted persons may be transferred as necessary from one unit to another. § 45.01-5 Authority. Original enlistments will be made only at regular recruiting stations unless otherwise authorized by the Commandant. An original enlistment is the enlistment of a man who has not had previous service in the Regular Coast Guard. § 45.01-10 Recruiting instructions. Instructions will be issued to recruiting officers by the Commandant from time to time setting forth the terms of enlistments for which men are to be accepted, the rates in which enlistments may be made, the maximum and minimum ages for enlistments, and other qualifications for enlistments. § 45.01-15 Officers who may be authorized to effect enlistments. A commanding officer, an executive officer (under the direction of the commanding officer), and a recruiting officer shall be enlisting officers. When an enlistment is made by an enlisted person, the oath of allegiance shall be administered by a commis sioned, commissioned warrant, or warrant officer, a notary public, or any other officer who may be authorized by law to administer such oaths. § 45.01-20 Reasons for rejection. None of the following persons shall be enlisted in the Coast Guard: (a) An insane or intoxicated person. (b) A person of known bad character. (c) A person known to have committed a crime. (d) A person who is a deserter from the military service of the United States. (e) An unmarried person under 21 years of age, who has not the consent of his father, only surviving parent, or legal guardian. If he has no parent or legal guardian residing in the United States or in the possession of the United States where his enlistment is being made, his enlistment may be effected provided he executes a statement to that effect on the reverse side of the enlistment contract. (f) A married person who does not submit a signed statement from his lawful wife that she understands and is agreeable to the contract upon which her husband is about to enter. (g) A person who does not meet the standard physical requirements for enlistment. No waiver of physical defects will be granted for original enlistment. § 45.01-25 Fraudulent enlistment. When a person wilfully conceals any fact, circumstance, or condition, other than minority, that existed prior to enlistment that would have made him ineligible for enlistment, such enlistment, if voided by the Commandant, shall be fraudulent. § 45.01-30 Contract of enlistment. Under a contract of enlistment to serve for a specified term, unless sooner discharged by proper authority, an enlisted person is bound to serve during the full term of enlistment. The Government, however, is not bound to continue him in service for a single day, but may dismiss him at the very first moment or at any subsequent period whether with or without cause for so doing, provided the officer directing the discharge be proper au thority. The Commandant is hereby designated the proper authority to terminate the contract of enlistment. § 45.01-35 Applications. Any person desiring to enlist in the Coast Guard should apply at a Coast Guard Recruiting Station. Inquiry concerning the location of recruiting stations may be addressed to the Commandant, U.S. Coast Guard, Washington, D.C. 20226, to any Coast Guard District Commander, or to any other Coast Guard unit. If there is a Coast Guard unit in a particular locality, it will usually be listed in the local telephone directory. In processing an application for enlistment, the Coast Guard determines the mental, moral, and physical fitness of the applicant, through reference to local police files, character references, employers, school authorities, and physical examination. Subpart 45.05-Reenlistments § 45.05-1 Reenlistments; definitions. (a) The enlistment of any man who has previously served in the Regular Coast Guard shall be considered a reenlistment. (b) An enlisted man must reenlist within three months from date of discharge in order to remain in continuous service status and to receive the benefits deriving therefrom. [CGFR 51-28, 16 FR 10310, Oct. 10, 1951, as amended by CGFR 61-55, 26 FR 12572, Dec. 28, 1961] § 45.05-5 Term of reenlistment. A reenlistment shall be for a period of two, three, four, or six years as the Commandant may prescribe from time to time. § 45.05-10 Effected by. Reenlistments shall be effected by those authorized to effect original enlistments (§ 45.01-5), except that a person who is physically and otherwise qualified for reenlistment, who reenlists on the day following discharge, may be reenlisted at the unit from which discharged by the enlisting officer of the unit. (b) A general discharge shall be issued to an enlisted person who is discharged for any of the reasons set forth in paragraph (a) of this section whose military record is not sufficiently meritorious to warrant an honorable discharge. (c) An undesirable discharge may be issued to an enlisted person who is discharged for any of the following reasons: (1) Unfitness for reasons other than physical disability. (2) Misconduct. (3) Security. (d) Bad conduct discharges and dishonorable discharges shall only be issued to enlisted persons who are discharged in accordance with the approved sentences of Coast Guard courts-martial. [CGFR 59-8, 24 FR 2830, Apr. 14, 1959] § 45.10-10 Physical examination prior to discharge. The basic purpose of Title IV of the Career Compensation Act of 1949 (Pub. Law 351, 81st Cong.) is to provide a means of separating from the active list and from active service those men who become physically disabled for any further service, and one of the key provisions of the law is that one which says that no member of the service shall be separated or retired for physical disability without a full and fair hearing if such member shall demand it. In view of this provision, prior to discharge every enlisted person, except those being discharged for physical or mental disability, shall be given a standard physical examination, the results of which shall be recorded and made a part of the person's permanent record. Subpart 45.20-Miscellaneous § 45.20-1 Application for certificate in lieu of discharge. A person whose discharge has been lost or destroyed without intentional fault on his part may make application for a certificate in lieu of discharge to the Commandant, U.S. Coast Guard, Washington, D.C. 20226. Upon submission of data satisfactory |