(a) The Guam Marine Inspection Office is in Agana, Guam.

(b) The Guam marine inspection zone comprises the Territory of Guam.

§ 3.70-55 Honolulu Captain of the Port.

(a) The Honolulu Captain of the Port Office is in Honolulu, Hawaii.

(b) The Honolulu Captain of the Port area shall comprise all navigable waters of the United States and contiguous land areas within the following boundaries: On the east the 154°00′00′′ W. meridian, on the south the 18°00'00'' N. parallel, on the west the 162°00'00'' W. meridian, and on the north the 23°00'00'' N. parallel.

§ 3.70-60

Guam Captain of the Port.

(a) The Guam Captain of the Port Office is in Agana, Guam.

(b) The Guam Captain of the Port area shall comprise all navigable waters of the United States and continguous land areas within the following boundaries: On the east the 145°00'00'' E. meridian; on the south 13°11′00′′ N. parallel; on the west 144°34′00′′ E. meridian; and on the north 13°42'00'' N. parallel.

Subpart 3.85-Seventeenth Coast Guard District

(a) The District Office is in Juneau, Alaska.

(b) The Seventeenth Coast Guard District shall comprise the State of Alaska; and the ocean area bounded by a line from the Canadian coast at latitude 54°40' N. due west to longitude 140° W., thence southwesterly to latitude 40° N., longitude 150° W., thence due west to longitude 160° E., thence due north to latitude 53°15' N. (Cape Shipunski), thence southeasterly to the southern terminus of the U.S.-Russian boundary at latitude 50°36' N., longitude 167° E., thence northeasterly along that boundary to the Arctic Ocean.

[CGFR 61-40, 26 F.R. 10353, Nov. 3, 1961] § 3.85-10 Juneau Marine Inspection Zone.

(a) The Juneau Marine Inspection Office is in Juneau, Alaska, with a suboffice in Ketchikan, Alaska.

(b) The Juneau Marine Inspection Zone comprises the State of Alaska east of 139° W. longitude.

[CGFR 61-40, 26 F.R. 10353, Nov. 3, 1961, as amended by CGFR 63-11, 28 F.R. 2989, Mar. 27, 1963]

§ 3.85-15 Anchorage Marine Inspection Zone.

(a) The Anchorage Marine Inspection Office is in Anchorage, Alaska.

(b) The Anchorage marine inspection zone comprises the State of Alaska west of 139° W. longitude.

[CGFR 63-11, 28 F.R. 2989, Mar. 27, 1963] § 3.85-55

Anchorage Captain of the

Port. (a) The Anchorage Captain of the Port Office is in Anchorage, Alaska

(b) The Anchorage Captain of the Port area shall comprise all navigable waters of the United States and contiguous land areas within the following boundaries: A line commencing at a point 60°50' N. and 149° W., thence north to the north shoreline of Turnagain Arm, thence northwesterly along the shoreline to the junction of 149°40′ W., thence north to 61°25' N., thence west to 150° W., thence south to the north shoreline of Knik Arm, thence westerly along the shoreline to 150°20′ W., thence south to the south shoreline of Turnagain Arm, thence easterly along the shoreline to the point of origin.

[CGFR 63-11, 28 F.R. 2989, Mar. 27, 1963]

§ 3.85-60 Juneau Captain of the Port. (a) The Juneau Captain of the Port Office is in Juneau, Alaska.

(b) The Juneau Captain of the Port area shall comprise all navigable waters and contiguous land areas within the following boundaries: Commencing at a point 58°35' N., and the east bank of the Lynn Canal, due west to 135° W., thence due south to 58°10' N., thence due east to 134°10′ W., thence northwesterly along the east bank of the Gastineau Channel to 58°20' N., thence a straight northwesterly line from this point to the point of origin.

[CGFR 63-11, 28 F.R. 2989, Mar. 27, 1963] § 3.85-65 Ketchikan Captain of the

Port.

(a) The Ketchikan Captain of the Port Office is in Ketchikan, Alaska.

(b) The Ketchikan Captain of the Port area shall comprise all navigable waters and contiguous land areas encompassed within the following bound

aries: Commencing at a point 55°27' N., and 131°49′50'' W. due south to the west bank of the Tongass Narrows, thence southeasterly along the west bank of the Tongass Narrows to 55°17′30′′ N., thence due east to 131°32′ W., thence due north to the north bank of Revillagigedo Channel, then to follow from that point along the shoreline westerly and northerly to the point of origin.

[CGFR 63-11, 28 F.R. 2989, Mar. 27, 1963]

States Coast Guard Auxiliary established pursuant to the Act.

(c) "Commandant" means the Commandant of the United States Coast Guard.

(d) "Member" means any person who is a member of the Auxiliary.

(e) "Vessel" means a motorboat or yacht.

(f) "Motorboat" means any documented or numbered vessel propelled by machinery, not more than 65 feet in length measured end to end over the deck excluding sheer.

any

(g) "Yacht" means either (1) documented or numbered vessel used exclusively for pleasure, or (2) any sailboat used exclusively for pleasure over 16 feet in length measured from end to end over the deck excluding sheer.

(h) "Radio station" means any equipment (including a building which houses such equipment) the use of which to transmit communications by radio is authorized pursuant to law.

(i) "Aircraft" means any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air.

(j) "Secretary" means the Secretary of the Treasury when the Coast Guard operates in the Treasury Department or the Secretary of the Navy when the Coast Guard operates as part of the Navy.

(k) "Facility" or "facilities" means a vessel, aircraft, and/or radio station. [CGFR 48-64, 13 F.R. 8393, Dec. 28, 1948, as amended by CGFR 59-58, 24 F.R. 10717, Dec. 25, 1959]

Any authority vested in the Commandant by this part may be delegated by him to such personnel of the Coast Guard, in such manner and to such extent, as he deems necessary or appropriate for the functioning, organization, and internal administration of the Auxiliary.

§ 5.09 Eligibility for membership.

To be eligible for membership in the Auxiliary, a person (male or female) must be over 17 years of age; a citizen of the United States or of its Territories and possessions; and either own not less than a twenty-five percent interest in a motorboat, yacht, aircraft, or radio station; or have had such special training or experience as to qualify him in the opinion of the Commandant, for duty in the Auxiliary.

[CGFR 59-58, 24 F.R. 10717, Dec. 25, 1959]

§ 5.11 Membership in military organi

zations.

Members of the Auxiliary may also be enrolled, enlisted or commissioned in the Coast Guard Reserve. Membership in the Auxiliary is not a bar to membership in any other naval or military organization.

§ 5.13 Application for membership.

Application for membership in the Auxiliary shall be made on the prescribed form which may be obtained from the Commander of the Coast Guard district in which located. Membership is based on the needs of the Auxiliary and will necessarily vary in the various Coast Guard districts.

[CGFR 59-58, 24 F.R. 10717, Dec. 25, 1959] § 5.15 Admission to membership.

An applicant who is accepted for membership shall be enrolled in the Auxiliary and shall be issued a membership certificate and identification card. Mere ownership of such a certificate or card shall not entitle a member of the Auxiliary to be vested with or exercise any right, privilege, power, or duty vested in or imposed upon the personnel of the Coast Guard or the Coast Guard Reserve.

[CGFR 59-58, 24 F.R. 10717, Dec. 25, 1959]

ship; for cause; upon direction of the Commandant; or upon death.

[CGFR 59-58, 24 F.R. 10717, Dec. 25, 1959] § 5.19 Training.

The Commandant may authorize members of the Auxiliary to pursue correspondence courses conducted by the Coast Guard Institute at cost when the furnishing of such courses does not interfere with other regular Coast Guard activities.

§ 5.21 Ranks, titles, designations, or grades.

The members of the Auxiliary shall have such ranks, titles, designations, or grades, pursuant to their qualifications, as the Commandant considers necessary for the administration and operation of the Auxiliary.

The Commandant shall prescribe the circumstances and qualifications under which members of the Auxiliary may be advanced.

§ 5.25 Honorary members.

For conspicuous service to or active interest in the Auxiliary, the Commandant may award any person with honorary membership in the Auxiliary. An honorary member of the Auxiliary, solely by reason of such honorary membership, shall not be entitled to any of the rights, benefits, privileges, duties, or obligations of regular members of the Auxiliary. § 5.27 Assignment to specific duties.

Members of the Auxiliary shall not be assigned to specific duties until they have been found, after appropriate training and examination, to be competent to perform such duties.

§ 5.29 Assignment to duty on a motorboat, yacht, aircraft, or radio station. No member of the Auxiliary shall be placed in charge of a motorboat, yacht, aircraft, or radio station assigned to Coast Guard duty unless he has been specifically designated by authority of the Commandant to perform such duty.

§ 5.31 Power and authority.

Members of the Auxiliary, when assigned to specific duties shall, unless otherwise limited by the Commandant, be vested with the same power and authority, in execution of such duties, as members of the regular Coast Guard assigned to similar duties.

§ 5.33 Training, examination, and assignment.

The Commandant will prescribe the type of training, qualifications and examinations required before a member of the Auxiliary shall be deemed qualified to perform certain duties, and will prescribe the circumstances and manner in which certain members of the Auxiliary shall be authorized to perform regular and emergency specific duties.

§ 5.35 Use of facilities.

Section 826 of Title 14, U.S. Code, reads as follows:

The Coast Guard may utilize for any purpose incident to carrying out its functions and duties as authorized by the Secretary any motorboat, yacht, aircraft, or radio station placed at its disposition for any of such purposes by any member of the Auxiliary, by any corporation, partnership, or association, or by any State or political subdivision thereof.

[CGFR 59-58, 24 F.R. 10717, Dec. 25, 1959] § 5.37 Offer of facilities.

Any member of the Auxiliary desiring to place a vessel, aircraft, or radio station at the disposal of the Coast 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 F.R. 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 F.R. 10717, Dec. 25, 1959] § 5.41

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

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 F.R. 10717, Dec. 25, 1959] § 5.45 Return of facility.

The

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. 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 F.R. 7523, Dec. 16, 1949, as amended by CGFR 61-55, 26 F.R. 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.