pursuant to § 52.15-5, together with any briefs, memoranda, and documentary evidence submitted or obtained in the case.

(b) The Board may request the Coast Guard to submit any additional pertinent facts not disclosed in an application and its supporting documents.

(c) The Commandant may forward to the Board the written views of the Coast Guard on any case before the Board.

(d) A copy of each submission made by the Coast Guard under this section is given to the applicant or his legal representative who may rebut, if he wishes, the views of the Coast Guard contained therein.

(e) Information and views furnished by the Coast Guard under this section are not binding on the Board, but shall be considered by the Board along with all other information and material submitted in the particular case.

§ 53.03 Scope.

This part is intended to cover all cases and classes of cases in which a person or persons has or have incurred reserve obligations under the Universal Military Training and Service Act, as amended, and the Commandant of the Coast Guard considers the needs of the Service to require that action be taken to assure fulfillment thereof.

§ 53.05 Statutory provisions concerned. (a) Section 4(d)(1) of the Universal Military Training and Service Act, as amended, provides:

Each person who hereafter and prior to the enactment of the 1951 Amendments to the Universal Military Training and Service Act is inducted, enlisted, or appointed (except a person enlisted under subsection (g) of this section) and serves for a period of less than three years in one of the armed forces and meets the qualifications for enlistment or appointment in a reserve component of the armed force in which he serves shall be transferred to a reserve component of such armed force, and until the expiration of a period of five years after such transfer, or until he is discharged from such reserve component, whichever occurs first, shall be deemed to be a member of such reserve component and shall be subject to such additional training and service as may now or hereafter be prescribed by law for such reserve component: Provided, That any such person who completes at least twenty-one months of service in the armed forces and who thereafter serves satisfactorily (1) on active duty in the armed forces under a voluntary extension for a period of at least one year, which extension is hereby authorized, or (2) in an organized unit of any reserve component of any of the armed forces for a period of at least thirty-six consecutive months, shall, except in time of war or national emergency declared by the Congress, be relieved from any further liability under this subsection to serve in any reserve component of the armed forces of the United States, but nothing in this subsection shall be construed to prevent any such person, while in a reserve component of such forces, from being ordered or called to active duty in such forces.

(b) Section 4(d)(3) of the Universal Military Training and Service Act, as amended, provides:

Each person who, subsequent to the date of enactment of this paragraph, is inducted, enlisted, or appointed, under any provision of law, in the Armed Forces, including the

reserve components thereof, or in the National Security Training Corps prior to attaining the twenty-sixth anniversary of his birth shall be required to serve on active training and service in the Armed Forces or in training in the National Security Training Corps, and in a reserve component, for a total period of eight years, unless sooner discharged on the grounds of personal hardship, in accordance with regulations and standards prescribed by the Secretary of Defense (or the Secretary of the Treasury with respect to the United States Coast Guard). Each such person, on release from active training and service in the Armed Forces or from training in the National Security Training Corps, shall, if physically and mentally qualified, be transferred to a reserve component of the Armed Forces, and shall serve therein for the remainder of the period which he is required to serve under this paragraph and shall be deemed to be a member of such reserve component during such period. In case the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force (or the Secretary of the Treasury with respect to the United States Coast Guard), determines that enlistment, enrollment, or appointment in, or assignment to, an organized unit of a reserve component or an officers' training program of the armed force in which he served is available to, and can, without undue personal hardship, be filled by any such person, it shall be the duty of such person to enlist, enroll, or accept appointment in, or accept assignment to, such organized unit or officers' training program, and to serve satisfactorily therein. The Secretaries of the Army, Navy, and Air Force, with the approval of the Secretary of Defense (and the Secretary of the Treasury with respect to the United States Coast Guard), may provide, by regulations which shall be as nearly uniform as practicable, for the release from training and service in the Armed Forces prior to serving the periods required by subsection (b) of this section of individuals who volunteer for and are accepted into organized units of the Army National Guard and Air National Guard and other reserve components. Nothing in this subsection shall be construed to prevent any person, while in a reserve component of the Armed Forces, from being ordered or called to active duty such Armed Force.

$53.07 Interpretations and policies.

(a) Under section 4(d)(1) of the Universal Military Training and Service Act, as amended, the following interpretations shall be applicable in administering this part:

(1) Persons enlisting or reenlisting or accepting an appointment in the

United States Coast Guard at any time between the dates of September 27, 1950 (the date the Selective Service Act of 1948 was made applicable to the United States Coast Guard) and June 19, 1951, both dates inclusive, and whose service subsequent to such enlistment or reenlistment, or acceptance of appointment has been of a total duration of less than 3 years, shall be transferred to the Coast Guard Reserve and be required to serve therein for a period of 5 years from the date of such transfer, unless sooner discharged for the purpose of complete separation from any military status: Provided, That this paragraph shall not apply to those persons who were exempt from induction at the time of enlistment during the period specified in this subparagraph.

(2) Transfer to the Coast Guard Reserve shall not be made in the case of any person falling within the class defined in paragraph (a)(1) of this section, who, subsequent to his enlistment or reenlistment between the dates indicated, has been discharged or permitted to resign for the purpose of effecting his complete separation from any military status, unless such discharge or acceptance of a resignation was or is for the purpose of immediate entry or reentry in the same or any other component of the Armed Forces in the same or any other status or for the purpose of entry into an officers' training program in which participants have a military status.

(3) In computing the duration of service subsequent to enlistment or reenlistment between the dates indicated, any service performed in an officers' training program in which the individual concerned had or has a military status, including service as a Icadet at the United States Coast Guard Academy, shall be considered as service under such enlistment or reenlistment. (This interpretation shall be disregarded in making computations of "service" for any other purpose or purposes.)

(4) The Commandant shall provide for the relief from liability for further obligated service of personnel who fulfill the requirements of the proviso contained in section 4(d)(1) of the Universal Military Training and Service

Act, as amended, or who, either voluntarily or involuntarily, return to active military service for such period or periods as he may prescribe.

(b) Under section 4(d)(3) of the Universal Military Training and Service Act, as amended, the following interpretations shall be applicable in administering this part:

(1) Except as hereinafter indicated, persons originally enlisting or accepting an appointment in the Coast Guard or Coast Guard Reserve at any time subsequent to June 19, 1951, and prior to attaining the twenty-sixth anniversary of their birth, are obligated to serve in the Armed Forces for a total period of eight years following such enlistment or acceptance of appointment, unless sooner discharged for the purpose of complete separation from any military status.

(2) Persons reenlisting subsequent to June 19, 1951, after having performed any active or inactive service in any Armed Force, including the reserve components thereof, under an enlistment or appointment effected on or prior to June 19, 1951, shall not incur an obligation to serve for 8 years.

(3) A person falling within the class defined in paragraph (b)(1) of this section shall, on release from active training and service or upon termination of an enlistment in the Reserve, be transferred to or retained in the Coast Guard Reserve and required to serve therein for such period as may be required to complete the remaining portion of the eight-year obligation.

(4) The eight-year obligation is considered terminated upon a discharge for the purpose of complete separation from any military status, or upon revocation or termination of commission or appointment, acceptance of resignation, dropping from the rolls, or dismissal, unless such discharge or other type of separation was or is for the purpose of immediate entry or reentry in the same or any other component of the Armed Forces in the same or any other status, or for the purpose of entry into an Officers' Training Pro

gram in which participants have a military status.

(5) In computing service performed toward the fulfillment of the eightyear obligation, any service performed in an Officers' Training Program, in which the individual concerned had or has a military status, including service as a cadet at the United States Coast Guard Academy, shall be counted in the same manner as service in a regular or reserve component of the Armed Forces. (This interpretation shall be disregarded in making computations of "service" for any other purpose or purposes.)

(6) Upon determination by the Commandant of the United States Coast Guard that enlistment, enrollment, appointment in, or assignment to, an organized unit of the United States Coast Guard Reserve is available to, and can, without undue personal hardship, be filled by a person obligated to serve for eight years under section 4(d)(3) of the Universal Military Training and Service Act, as amended, it shall be the duty of such reservist to enlist, enroll, or accept appointment in, or accept assignment to such organized unit and to serve satisfactorily therein.

§ 53.09 Discharge.

In case the Commandant of the United States Coast Guard determines that transfer to or retention in the Coast Guard Reserve would not be in the best interests of the service, personnel with remaining obligated period of service under the Universal Military Training and Service Act, as amended, may be discharged to effect complete separation from any military status.

§ 53.11 Procedure.

The Commandant shall initiate proper administrative action to effect the transfer to or retention in the Coast Guard Reserve, in an appropriate rate, of personnel who have incurred obligated periods of service under the Universal Military Training and Service Act, as amended.

(Secs. 81, 86, 92, 633, 63 Stat. 500, 501, 503, 545, sec. 4, 67 Stat. 462; 14 U.S.C. 81, 86, 92, 633, 43 U.S.C. 1333)

[CGFR 58-50, 24 FR 5605, July 11, 1959]

§ 60.01-5 Definition of terms.

Certain terms as used in this subI chapter are defined as follows:

(a) Aid to navigation. The term aid to navigation or aid, as used in this subchapter, means any device external to a vessel or aircraft intended to assist a navigator to determine his position or safe course, or to warn him of dangers or obstructions to navigation. (b) Armed Forces. The term Armed Forces as used in this subchapter means the Army, Navy, Air Force, and Marine Corps of the United States.

(c) Commerce. The term commerce as used in this subchapter, in addition to the general national and international trade and commerce of the United States, includes trade and travel by seasonal passenger craft (marine and air), yachts, houseboats, fishing boats, motor boats, and other craft whether or not operated for hire or profit.

(d) Commandant. The term Commandant means the Commandant of the Coast Guard.

(e) Corps of Engineers. The term Corps of Engineers means the Corps of Engineers, Department of the Army.

(f) District Commander. The term District Commander means the Commander of a Coast Guard District.

(g) District Engineer. The term District Engineer means the District Engineer, Corps of Engineers, Department of the Army.

(h) Light station. The term light station means a lighted aid to navigation on a fixed structure to which personnel are assigned for the purpose of watching the light.

(i) Navigable water. The term navigable water, singular or plural, means water navigable in fact which by itself, or by uniting with other waters, navigable in fact, forms a continuous highway over which interstate or international commerce may be conducted in the customary mode of trade and travel on water.

(j) Person. The term person imports both singular or plural, as the case demands, and includes any Federal Agency, State, Territory, possession, or public subdivision thereof, the District of Columbia and any corporation, company, association, club, or other instrumentality.

(Secs. 81, 86, 92, 633, 63 Stat. 500, 501, 503, 545, sec. 4, 67 Stat. 462; 14 U.S.C. 81, 86, 92, 633, 43 U.S.C. 1333)

[CGFR 52-15, 18 FR 4, Jan. 1, 1953, as amended by CGFR 58-50, 24 FR 5605, July 11, 1959]

(a) The establishment, maintenance and operation of maritime aids to navigation, other than loran stations, to serve the needs of commerce of the United States may be authorized by the Commandant to mark the navigable waters of the United States, its territories and possessions, the Trust Territory of the Pacific Islands and those waters on which aids to navigation have been established by the Coast Guard prior to June 26, 1948.

(b) The establishment, maintenance and operation of loran stations to serve the needs of maritime commerce of the United States may be authorized by the Commandant. The establishment, maintenance and operation of loran stations to serve the needs of maritime and air commerce of the United States may be authorized by the Commandant providing the need for loran stations required to serve air commerce of the United States is determined by the Administrator of the Federal Aviation Agency.

(c) Any aid to navigation to be established, maintained and operated by the Coast Guard to serve the needs of commerce must be necessary for the safety of navigation, useful for commerce of a substantial and permanent character, and must be justified in terms of public benefit to be derived therefrom.

[CGFR 58-50, 24 FR 5605, July 11, 1959]

§ 62.01-5 Aids for Armed Forces.

(a) Upon request of the military authority having jurisdiction of the area, the Coast Guard may establish, main