Guard pursuant to the Act and the regulations in this part, shall communicate with the Commander of the Coast Guard district in which located indicating in such communication which facility is offered. Except in emergencies, an offer to the Coast Guard must be made on the prescribed form. [CGFR 59-58, 24 FR 10717, Dec. 25, 1959] § 5.39 Acceptance of facilities. No vessel, aircraft or radio station shall 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 acceptance and a complete inventory of consumable and expendable stores and equipment has been made and mutually settled by the owner and the representative of the Coast Guard. [CGFR 59-58, 24 FR 10717, Dec. 25, 1959] 85.41 Emergencies. In an emergency, as declared by the Commandant, the offer of a vessel, aircraft, or radio station may be made without the use of the prescribed form, and such facility may be accepted on behalf of the Coast Guard without the use of the acceptance section of the above form or the inventory last above mentioned. [CGFR 59-58, 24 FR 10717, Dec. 25, 1959] $5.43 Public vessels, aircraft, and radio stations. While assigned to Coast Guard duty as authorized herein: (a) Any motorboat or yacht shall be deemed to be a public vessel of the United States, and within the meaning of section 827 of Title 14, U.S. Code, shall be deemed to be a vessel of the United States Coast Guard. (b) Any aircraft shall be deemed to be a vessel of the United States Coast Guard within the meaning of section 828 of Title 14, U.S. Code, and shall be deemed to be a "public aircraft" within the meaning of the act of June 23, 1958 (72 Stat. 737; 49 U.S.C. 1301). (c) Any radio station shall be deemed to be a radio station of the United States Coast Guard and a "Government station" within the meaning of section 829, Title 14, U.S. Code. [CGFR 59-58, 24 FR 10717, Dec. 25, 1959] § 5.45 Return of facility. A vessel, aircraft, or radio station placed at the disposal of the Coast Guard for a specific period, shall be returned at the expiration of such period, unless circumstances or emergent need 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 shall be reinventoried as of the time, date and place of redelivery, and mutually settled by the owner and the representative of the Coast Guard. Should the vessel have been accepted under emergent conditions, 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 claim therefor. The representative of the Coast Guard shall take all proper precautions to protect the interest of the owner as well as that of the United States. § 5.47 Flag or pennant. The flag or pennant, authorized by the Secretary, may be displayed by any vessel, aircraft, or radio station at such times and under such circumstances as may be authorized by the Commandant. The penalty for the unauthorized flying of any flag or pennant of the Auxiliary is set forth in § 5.67. § 5.49 Reimbursement for expenses. Any person whose vessel, aircraft, or radio station has been offered to and accepted by the Coast Guard shall, in accordance with instructions of the Commandant, be reimbursed for the actual necessary expenses of operation of such vessel, aircraft, or radio station when assigned to Coast Guard duty. "Actual necessary expenses of operation" includes payment for fuel, oil, power, water, supplies, provisions, and replacement or repair of equipment. § 5.51 Damaged equipment or facilities. The Commandant will prescribe the nature of reports to be made and the procedure to be followed upon the return of a vessel, aircraft, or radio station. If such report shows that the vessel, aircraft, or radio station has been damaged, or that any equipment thereof is in need of replacement or repair, the Commandant shall cause an investigation to be made. If, as a result of such investigation, it is found that the responsibility for the damage rests with the Coast Guard; and that the vessel, aircraft, or radio station had been offered to and accepted by the Coast Guard; and that at the time the damage was incurred the facility was assigned, by competent authority, to specific Coast Guard duties; the damages may be repaired or the equipment replaced, in the discretion of the Commandant, whose decision shall be final, either by the Coast Guard or by the owner of the facility at his own expense for which reimbursement will be made by the Coast Guard. § 5.53 Constructive or actual loss. In case of the constructive or actual loss of a vessel, aircraft, or radio station, where such loss is reported to the Coast Guard within six months from the date of such loss, the Commandant will cause an investigation to be made. If, as a result of such investigation, it is found that the responsibility for the loss rests with the Coast Guard; and that the vessel, aircraft, or radio station had been offered to and accepted by the Coast Guard; and that at the time of the loss, the facility was assigned, by competent authority, to specific Coast Guard duties; the Coast Guard will make such payment to the owner of the facility, as in the discretion of the Commandant, whose decision shall be final, will compensate such owner for the constructive or actual loss of his vessel, aircraft, or radio station. § 5.55 Compensation. No member of the Auxiliary shall receive any compensation for his services as a member of the Auxiliary. § 5.57 Traveling expenses and per diem. A member of the Auxiliary, when assigned to specific duties, may be paid actual necessary traveling expenses, including a per diem allowance, in conformity with Comptroller's Manual, U.S. Coast Guard. [CGFR 49-46, 14 FR 7528, Dec. 16, 1949, as amended by CGFR 61-55, 26 FR 10571, Dec. 28, 1961] § 5.59 Medical treatment and hospitalization. When any member of the Auxiliary is physically injured or dies as a result of physical injury incurred while performing patrol duty or any other specific duty to which he has been assigned, such member or his beneficiary shall be entitled to the same benefits as are now or as may hereafter be provided for temporary members of the Coast Guard Reserve who suffer physical injury or death resulting from physical injury incurred in line of duty. Members of the Auxiliary who contract sickness or disease while performing patrol duty or any other specific duty to which they have been assigned shall be entitled to the same hospital treatment as is afforded members of the Regular Coast Guard. § 5.61 Uniforms. Members of the Auxiliary may purchase from the Coast Guard at actual cost such uniforms as may be authorized by the Secretary. Such uniforms may be worn by members of the Auxiliary under such circumstances and upon such occasions as may be authorized by the Commandant. § 5.63 Insignia. Insignia, as authorized by the Secretary, may be purchased from the Coast Guard at actual cost and may be worn by members of the Auxiliary under such circumstances, at such places, and upon such occasions as may be prescribed by the Commandant. § 5.65 Medals. The Commandant may make awards, including medals, to members of the Auxiliary. § 5.67 Penalties. Section 892 of Title 14, U.S. Code, reads as follows: Whoever, without proper authority, flies from any building, aircraft, motorboat, yacht, or other vessel, any flag or pennant or displays any identifying insignia or wears any uniform or insignia of the Reserve or the Auxiliary shall be fined not more than $500. [CGFR 59-58, 24 FR 10717, Dec. 25, 1959] § 5.69 Limitations of rights, privileges, and benefits. Section 893 of Title 14, U.S. Code, reads as follows: Members of the Auxiliary and temporary members of the Reserve shall be entitled only to such rights, privileges, and benefits as are specifically set forth for them in this title or as may be specifically provided for them in any other Act of Congress. Any Act of Congress which grants rights, privileges, or benefits generally to military personnel, or among others, to personnel of the Coast Guard and the Coast Guard Reserve, without specifically granting such rights, privileges, or benefits to members of the Auxiliary or temporary members of the Reserve, shall not be deemed applicable to members of the Auxiliary or to temporary members of the Reserve. [CGFR 59-58, 24 FR 10718, Dec. 25, 1959] mandant to command a Coast Guard District. § 6.01-3 Captain of the Port. "Captain of the Port" as used in this part, means the officer of the Coast Guard, under the command of a District Commander, so designated by the Commandant for the purpose of giving immediate direction to Coast Guard law enforcement activities within his assigned area. In addition, the District Commander shall be Captain of the Port with respect to remaining areas in his District not assigned to officers designated by the Commandant as Captain of the Port. [EO 11249, 30 FR 13001, Oct. 13, 1965] § 6.01-4 Waterfront facility. "Waterfront facility" as used in this part, means all piers, wharves, docks, and similar structures to which vessels may be secured; areas of land, water, or land and water under and in immediate proximity to them; buildings on such structures or contiguous to them and equipment and materials on such structures or in such buildings. [EO 11249, 30 FR 13001, Oct. 13, 1965] § 6.01-5 Security zone. "Security zone" as used in this part, means all areas of land, water, or land and water, which are so designated by the Captain of the Port for such time as he deems necessary to prevent damage or injury to any vessel or waterfront facility, to safeguard ports, harbors, territories, or waters of the United States or to secure the observance of the rights and obligations of the United States. [EO 11249, 30 FR 13001, Oct. 13, 1965] and may be exercised by the District Commander and the Commandant. (b) The rules and regulations in this part may be enforced by any other officer of the Coast Guard designated by the Commandant or the District Commander. [EO 10173, 15 FR 7012, Oct. 20, 1950, as amended by EO 10277, 16 FR 7541, Aug. 2, 1951] § 6.04-5 Preventing access of persons, articles or things to vessels, or waterfront facilities. The Captain of the Port may prevent any person, article, or thing from boarding or being taken or placed on board any vessel or entering or being taken into or upon or placed in or upon any waterfront facility whenever it appears to him that such action is necessary in order to secure such vessel from damage or injury or to prevent damage or injury to any vessel, or waterfront facility or waters of the United States, or to secure the observances of rights and obligations of the United States. [EO 11249, 30 FR 13001, Oct. 13, 1965] § 6.04-6 Establishing security zones; prohibitions with respect thereto. The Captain of a Port may establish security zones subject to the terms and conditions specified in § 6.01-5. No person or vessel shall enter a security zone without the permission of the Captain of the Port. No person shall board or take or place any article or thing on board any vessel in a security zone without the permission of the Captain of the Port. No person shall take or place any article or thing upon any waterfront facility in any such zone without such permission. [EO 11249, 30 FR 13001, Oct. 13, 1965] § 6.04-7 Visitation, search, and removal. The Captain of the Port may cause to be inspected and searched at any time any vessel, waterfront facility, or security zone, or any person, article, or thing thereon or therein, within the jurisdiction of the United States, may place guards upon any such vessel, waterfront facility, or security zone and may remove therefrom any and all persons, articles, or things not specifically authorized by him to go or remain thereon or therein. [EO 11249, 30 FR 13002, Oct. 13, 1965] § 6.04-8 Possession and control of vessels. The captain of the port may supervise and control the movement of any vessel and shall take full or partial possession or control of any vessel or any part thereof, within the territorial waters of the United States under his jurisdiction, whenever it appears to him that such action is necessary in order to secure such vessel from damage or injury, or to prevent damage or injury to any vessel or waterfront facility or waters of the United States, or to secure the observance of rights and obligations of the United States. § 6.04-11 Assistance of other agencies. The captain of the port may enlist the aid and cooperation of Federal, State, county, municipal, and private agencies to assist in the enforcement of regulations issued pursuant to this part. Subpart 6.10-Identification and Exclusion of Persons From Vessels and Waterfront Facilities §6.10-1 Issuance of documents and em ployment of persons aboard vessels. No person shall be issued a document required for employment on a merchant vessel of the United States nor shall any person be employed on a merchant vessel of the United States unless the Commandant is satisfied that the character and habits of life of such person are such as to authorize the belief that the presence of the individual on board would not be inimical to the security of the United States: Provided, That the Commandant may designate categories of merchant vessels to which the foregoing shall not apply. [EO 10352, 17 FR 4624, May 21, 1952] §6.10-5 Access to vessels and waterfront facilities. Any person on board any vessel or any person seeking access to any Card The identification credential to be issued by the Commandant shall be known as the Coast Guard Port Security Card, and the form of such credential, and the conditions and the manner of its issuance shall be as prescribed by the Commandant after consultation with the Secretary of Labor. The Commandant shall not issue a Coast Guard Port Security unless he is satisfied that the character and habits of life of the applicant therefor are such as to authorize the belief that the presence of such individual on board a vessel or within a waterfront facility would not be inimical to the security of the United States. The Commandant shall revoke and require the surrender of a Coast Guard Port Security Card when he is no longer satisfied that the holder is entitled thereto. The Commandant may recognize for the same purpose such other credentials as he may designate in lieu of the Coast Guard Port Security Card. [EO 10277, 16 FR 7541, Aug. 2, 1951] § 6.10-9 Appeals. Persons who are refused employment or who are refused the issuance of documents or who are required to surrender such documents, under this subpart, shall have the right of appeal, and the Commandant shall appoint Boards for acting on such appeals. Each such Board shall, so far as practicable, be composed of one Coast Guard officer, one member drawn from management, and one member drawn from labor. The members drawn from management and labor shall, upon suitable security clearance, be nominated by the Secretary of Labor. Such members shall be deemed to be employees of the United States and shall be entitled to compensation |