under the provisions of section 15 of the act of August 2, 1946 (5 U.S.C. 55a) while performing duties incident to such employment. The Board shall consider each appeal brought before it and, in recommending final action to the Commandant, shall insure the appellant all fairness consistent with the safeguarding of the national security.

Subpart 6.12-Supervision and Control of Explosives or Other Dangerous Cargo

§ 6.12-1 General supervision and control

The Captain of the Port may supervise and control the transportation, handling, loading, discharging, stowage, or storage of hazardous materials on board vessels as covered by the regulations in 49 CFR Parts 170-189, 46 CFR Parts 150-156, 46 CFR Parts 146148 and the regulations governing tank vessels (46 CFR Parts 30-39). [CGD 77-228, 43 FR 53427, Nov. 16, 1978] § 6.12-3 Approval of facility for dangerous cargo.

The Commandant may designate waterfront facilities for the handling and storage of, and for vessel loading and discharging, explosives, inflammable or combustible liquids in bulk, or other dangerous articles or cargo covered by the regulations referred to in § 6.12-1, and may require the owners, operators, masters, and others concerned to secure permits for such handling, storage, loading, and unloading from the captain of the port, conditioned upon the fulfillment of such requirements for the safeguarding of such waterfront facilities and vessels as the Commandant may prescribe.

Subpart 6.14-Security of Waterfront Facilities and Vessels in Port

§ 6.14-1 Safety measures.

The Commandant, in order to achieve the purposes of this part, may prescribe such conditions and restrictions relating to the safety of waterfront facilities and vessels in port as he finds to be necessary under existing circumstances. Such conditions and restrictions may extend, but shall not be

limited to, the inspection, operation, maintenance, guarding, and manning of, and fire-prevention measures for, such vessels and waterfront facilities. [EO 10277, 16 FR 7541, Aug. 2, 1951]

§ 6.14-2 Condition of waterfront facility a danger to vessel.

Whenever the captain of the port finds that the mooring of any vessel to a wharf, dock, pier, or other waterfront structure would endanger such vessel, or any other vessel, or the harbor or any facility therein by reason of conditions existing on or about such wharf, dock, pier, or other waterfront structure, including, but not limited to, inadequate guard service, insufficient lighting, fire hazards, inadequate fire protection, unsafe machinery, internal disturbance, or unsatisfactory operation, the captain of the port may prevent the mooring of any vessel to such wharf, dock, pier, or other waterfront structure until the unsatisfactory condition or conditions so found are corrected, and he may, for the same reasons, after any vessel has been moored, compel the shifting of such vessel from any such wharf, dock, pier, or other waterfront structure.

[EO 10277, 16 FR 7541, Aug. 2, 1951]

Subpart 6.16-Sabotage and Subversive Activity

§ 6.16-1 Reporting of sabotage and subversive activity.

Evidence of sabotage or subversive activity involving or endangering any vessel, harbor, port, or waterfront facility shall be reported immediately to the Federal Bureau of Investigation and to the captain of the port, or to their respective representatives.

§ 6.16-3 Precautions against sabotage.

The master, owner, agent, or operator of a vessel or waterfront facility shall take all necessary precautions to protect the vessel, waterfront facility, and cargo from sabotage.

Subpart 6.18-Penalties

§ 6.18-1 Violations.

Section 2, Title II of the act of June 15, 1917, as amended, 50 U.S.C. 192, provides as follows:

If any owner, agent, master, officer, or person in charge, or any member of the crew of any such vessel fails to comply with any regulation or rule issued or order given under the provisions of this title, or obstructs or interferes with the exercise of any power conferred by this title, the vessel, together with her tackle, apparel, furniture, and equipment, shall be subject to seizure and forfeiture to the United States in the same manner as merchandise is forfeited for violation of the customs revenue laws; and the person guilty of such failure, obstruction, or interference shall be punished by imprisonment for not more than ten years and may, in the discretion of the court, be fined not more than $10,000.

(a) If any other person knowingly fails to comply with any regulation or rule issued or order given under the provisions of this title, or knowingly obstructs or interferes with the exercise of any power conferred by this title, he shall be punished by imprisonment for not more than ten years and may, at the discretion of the court, be fined not more than $10,000.

8.1302 Precedence between officers of the Reserve and officers of the Coast Guard.

8.1303 Determination of running mate. 8.1304 Redetermination of running mate. 8.1305 Date of rank of former officers of the Navy or Coast Guard appointed in the Reserve.

PHYSICAL EXAMINATIONS AND STANDARDS

8.1401 Physical standards.

8.1402 Waiver of physical defects. 8.1403

Persons authorized to conduct physical examinations.

8.1404 Physical examination for short periods of training duty.

8.1405 Persons required to take physical examinations.

8.1406 When physical examinations are required.

8.1407 Completeness of physical examinations.

8.1408 Certificate of physical condition. 8.1409 Reports and records of physical examinations.

8.1410 Disposition of Reservists not found physically qualified.

8.1411 Failure to appear for physical examination or to submit information concerning physical condition.

8.7115 Definition of terms.
8.7119 Pay groups.
8.7120 Command pay.

8.7204 Reservists in receipt of a pension, disability compensation, or retired pay. 8.7205 Suspension of pension, disability compensation, or retired pay for Reservists ordered to extended active duty in time of war or national emergency. AUTHORITY: Sec. 4, 62 Stat. 605, as amended; sec. 633, 63 Stat. 545; sec. 280, 70A Stat. 14; sec. 6(b)(1), 80 Stat. 938; 50 U.S.C. App.

80-110 0-81-6

454; 14 U.S.C. 633; 10 U.S.C. 280; 49 U.S.C. 1655(b)(1); 49 CFR 1.4 (a)(2), (f), (g).

GENERAL-ADMINISTRATION AND ORGANIZATION

DEFINITIONS AND APPLICABILITY OF REGULATIONS

§ 8.1001 Meaning and use of terms "District Commander" and "Coast Guard District Commander."

(a) The terms "District Commander" and "Coast Guard District Commander" shall be used in these regulations interchangeably. When the Coast Guard is operating as a service in the Department of Transportation, either term shall mean the Coast Guard officer in overall charge of a Coast Guard district. When the Coast Guard is operating as a service in the Navy, either term shall mean the Coast Guard officer in overall charge of Coast Guard activities within a Naval district.

(b) Normally, the term "District Commander" shall be used when the Coast Guard is operating as a service in the Department of Transportation.

(c) Normally, the term "Coast Guard District Commander" shall be used when the Coast Guard is operating as a service in the Navy.

[CGFR 58-12, 23 FR 7069, Sept. 12, 1958, as amended by CGFR 61-55, 26 FR 12571, Dec. 28, 1961; CGFR 69-80, 34 FR 18034, Nov. 7, 1969]

a school designated as a service school by law or by the Secretary.

(c) "Federal service" includes all service as a member of any Armed Force, including Regular and Reserve components, and the Army National Guard or Air National Guard when ordered into such status by law.

(d) "Active status" means membership in the Reserve, except the Standby Reserve (Inactive Status List) or the Retired Reserve.

(e) "Chief, Office of Reserve" is the officer of flag rank designated by the Secretary as directly responsible to the Commandant for Coast Guard Reserve affairs.

(f) "District Commander(s)" is the officer on the staff of a District Commander who is in charge of district Reserve affairs as Chief, Reserve Division.

[CGFR 69-80, 34 FR 18034, Nov. 7, 1969] § 8.1004 [Reserved]

§ 8.1005 Applicability of regulations to temporary members of the Reserve.

Unless temporary members of the Coast Guard Reserve are specifically included within its provisions, no section of this part shall be deemed to apply to them.

[CGFR 58-12, 23 FR 7069, Sept. 12, 1958]

§ 8.1006 Applicability of regulations to women members of the Reserve.

Except as otherwise provided, the regulations in this part apply equally to men and women Reservists.

[CGFR 58-12, 23 FR 7069, Sept. 12, 1958]

POLICY

§ 8.1101 Purpose of Coast Guard Reserve. The purpose of the Coast Guard Reserve is to provide a trained force of officers and men which, added to the regular personnel of the Coast Guard, will be adequate to enable the Service to perform such extraordinary duties as may be necessitated by emergency conditions.

[6 FR 1926, Apr. 15, 1941]