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place the aid, whether done by a Government facility or a private contractor. § 25.365 tion.

Displacement of aid to naviga

Whenever a floating aid to navigation is moved off station, without being damaged, a claim shall be promptly made for the cost to the Government of returning it to its station.

§ 25.367 Repair or replacement.

The repair or replacement of an aid may be accomplished by the responsible interests, or by contractors employed for that purpose by them, provided the plans for the repair or replacement are satisfactory, and any delay incident thereto, is acceptable to the Coast Guard. The United States will assume no liability for restored depreciation or enhanced value of the repaired or replaced aid to navigation unless a specific sum was mutually agreed to in writing in advance by the Coast Guard and the responsible interests.

§ 25.369 Elements of cost.

(a) Expenses incident to and directly caused by reason of the damage or destruction of an aid to navigation shall be included as part of the total claim against the responsible interests and shall include, but not be limited to, the following items, whichever are applicable:

(1) Cost of placing a replacement aid in operation on station, whether as a permanent substitute or to serve as a temporary auxiliary aid for that which was damaged or destroyed.

(2) Cost of removing a replacement aid which was placed in operation on station to serve as a temporary or auxiliary aid for that which was damaged or destroyed.

(3) Cost of searching for, recovering and removing, or attempting to recover or remove, the damaged or destroyed aid or any of its component parts which may require recovery or removal.

(4) Cost or value of time consumed by Government personnel (excluding ship's complement), including such services as inspection, supervision, etc., on projects where necessary to insure that the project is being completed in accordance with prepared plans and/or contract. These costs shall include: Actual travel expenses incurred and paid to person

nel from public funds and actual payroll value of time of all personnel expended upon the project, including the travel time during paid status.

(5) Cost or value of time consumed by Government vessel including ship's complement employed by reason of and directly attributed to the damage or destruction. For the performance of this work, no charge shall be made for the time and expense of Coast Guard vessels including ship's complement, when the aid can be or is repaired or restored on station by the vessel on routine, scheduled duty where only minimum interruption of that assignment occurs. If such vessel time is charged, it will be charged in accordance with the type of damaged aid which must be serviced as set forth in § 74.20 of this chapter.

(6) Where tender work other than servicing the specific types of aids covered under § 74.20 of this chapter is required in connection with damaged aids, vessel time shall be an hourly charge determined by dividing the latest fiscal year cost for operating the applicable class of vessel in the district by the number of hours the vessel was operationally employed for the fiscal year. § 25.371 Settlement authority.

(a) Additional regulations covering the collection of claims for damage to aids to navigation and for their compromise, suspension, termination, or referral for collection are found in §§ 25.301-25.325.

(b) The Chief Counsel, U.S. Coast Guard and the Commander of each Coast Guard District are designated to administer 14 U.S.C. 642.

(c) The authority of the Commandant, U.S. Coast Guard to accept and deposit payments for the repair or replacement of damaged or destroyed aids to navigation under 14 U.S.C. 642 is delegated to the Chief Counsel, U.S. Coast Guard and the Commander of each Coast Guard District. This authority may be redelegated as prescribed in § 25.305.

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SUBCHAPTER B-MILITARY PERSONNEL

PART 33-APPOINTMENT OF CIVIL-
IANS AS COMMISSIONED OFFI-
CERS, CHIEF WARRANT OFFICERS,
AND WARRANT OFFICERS
Subpart 33.01-Appointment of Professors

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partments of instruction at the Coast
Guard Academy. An original appoint-
ment as professor not made from a ci-
vilian instructor or regular commis-
sioned officer in the United States Coast
Guard shall be a temporary appoint-
ment; but a professor so appointed, after
completion of a satisfactory probation-
ary period of 2 years, may be regularly
appointed as professor to rank from the
date of his original appointment.
[Chap. III, Regs., Nov. 1, 1923, as amended
Dec. 1937 and Jan. 1938; redesignated at 13
F.R. 7303, Nov. 30, 1948]

§ 33.01-5 Rank and pay of professor.

A professor in the Coast Guard shall be a commissioned officer with rank not above that of commander, and shall receive the pay and allowances of a commissioned officer of the same rank and length of service.

[Chap. III, Regs., Nov. 1, 1923, as amended Dec. 1937 and Jan. 1938; redesignated at 13 F.R. 7303, Nov. 30, 1948]

Subpart 33.05-Appointments of Li

censed Officers of the United States Merchant Marine as Commissioned Officers

AUTHORITY: The provisions of this Subpart 33.05 issued under secs. 92, 633, 68 Stat. 503, as amended, 545; 14 U.S.C. 92, 633. Interpret or apply secs. 211, 212, 213, 77 Stat. 177, as amended, 178; 14 U.S.C. 211, 212, 213. Treasury Department Orders 167-17 June 29, 1955, 20 F.R. 4976; 167-56 Oct. 23, 1963, 20 F.R. 11570.

SOURCE: The provisions of this Subpart 33.05 contained in CGFR 61-41, 27 F.R. 4554, May 12, 1962, unless otherwise noted.

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tary Sea Transportation Service, and Federal or State maritime academies, if such vessels, when underway, are manned by civilians, shall be considered as equivalent to service on board commercial merchant vessels. All other vessels of the U.S. Army, Navy, Air Force, Coast Guard, Corps of Engineers, and Coast and Geodetic Survey are considered public vessels.

(ii) Service on board public vessels of the United States, if it meets the Coast Guard equivalency standards used to determine eligibility for a merchant marine license or a raise of grade, may be credited as specified under the requirements for each grade.

(2) Meet the specific requirements of the grade for which considered as prescribed in other sections in this subpart.

(3) Be male citizens of the United States. Citizens who have been naturalized less than ten years may apply, but their appointments will depend upon determinations of eligibility to handle classified matter.

(b) The Commandant of the Coast Guard shall ascertain and be satisfied that applicants are of good moral character. No persons who have been convicted of a felony are eligible for appointment as commissioned officers. [CGFR 61-41, 27 F.R. 4554, May 12, 1962, as amended by CGFR 67-14, 32 F.R. 3398, Mar. 1, 1967]

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(b) License. Applicants must hold one of the following licenses: Second Mate (unlimited) -Oceans or Coastwise; First Class Pilot (unlimited) Great Lakes, Western Rivers, or other inland waters; Second Assistant Engineer (5,000 or more horsepower); First Assistant Engineer (2,000 or more horsepower); or higher.

(c) Experience. Applicants must have served 2 or more years on board vessels of the United States in the capacity of licensed officers. Credit for up to 1 year may be given for service on board public vessels of the United States, in addition to service on such vessels considered as equivalent to commercial merchant vessels.

[CGFR 61-41, 27 F.R. 4554, May 12, 1962, as amended by CGFR 67-14, 32 F.R. 3398, Mar. 1, 1967]

§ 33.05-7

Requirements for lieutenant.

(a) Age. Applicants must not reach their 38th birthday in the calendar year in which application is accepted. No applicant who has reached his 38th birthday will be tendered a commission in this grade.

(b) License. Applicants must hold one of the following licenses: Chief Mate (unlimited)-Oceans or Coastwise; Master and First Class Pilot (unlimited) — Great Lakes; First Assistant Engineer (5,000 or more horsepower); Chief Engineer (2,000 or more horsepower); or higher.

(c) Experience. (1) Applicants must have served 4 or more years on board vessels of the United States in the capacity of licensed officers, of which not less than 1 year must have been served as Chief Mate or Firs: Assistant Engineer or higher. Credit for up to 2 years of the required 4 may be given for service on board public vessels of the United States, in addition to service on such vessels considered as equivalent to commercial merchant vessels.

(2) Applicants who hold a degree from an accredited college, or who are graduates of a Federal or State maritime academy, may substitute such degree, diploma, or certificate of completion for 1 year of the required 4. Experience ashore as assistant port captain, assistant port engineer, marine surveyor, or higher, or comparable position may be substituted equally for up to 2 years of the required 4.

(3) A combination of substitutions of educational credit and experience ashore cannot serve to reduce actual sea service below the 2 years required by law. Credit for service on board public vessels not considered equivalent to commercial merchant vessels cannot reduce the required sea service on board commercial merchant vessels below 3 years. Substitution cannot be made for the required 1 year of service as Chief Mate or First Assistant Engineer, or higher.

[CGFR 61-41, 27 F.R. 4554, May 12, 1962, as amended by CGFR 67-14, 32 F.R. 3398, Mar. 1, 1967]

§ 33.05-11 Application procedure.

(a) Persons who consider themselves eligible under the regulations in this subpart and desire to apply for appointment as commissioned officers in the U.S.

Coast Guard should request application forms from the Commandant, U.S. Coast Guard, Washington, D.C. 20226. Requests should be in letter form and should include the applicant's name, address, date of birth, and a complete resume of background and experience. Applicants who meet the basic requirements will be furnished a set of application forms, including a list of the established examination centers.

(b) Completed applications should be mailed to the Commandant, U.S. Coast Guard, Washington, D.C. 20226. Each applicant should state on the application form the desired place and dates for the examinations and interview. Examinations cannot be authorized within 30 days of the date of receipt of the completed application forms.

(c) Upon receipt of the completed application at Coast Guard Headquarters, a determination will be made as to whether the applicant is eligible to participate in the entrance examinations. Eligible applicants will be administered the required preliminary physical and written examinations and will be interviewed on any 3 successive week days, exclusive of holidays, at such examination centers as shall be designated by the Commandant. In each case, applicants will be advised by the Commandant of the specific time and place for the examinations and interview. Sufficient notice will be given to arrange personal affairs for the time required for the examinations and interview.

[CGFR 61-41, 27 F.R. 4554, May 12, 1962, as amended by CGFR 67-14, 32 F.R. 3398, Mar. 1, 1967]

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(a) All expenses in connection with the application including appearance for the examinations and interview, must be borne by the applicant.

§ 33.05-15 Written examinations.

(a) All eligible applicants shall be administered the following examinations:

(1) English: Principles of grammar, composition, spelling, and punctuation. These shall be demonstrated by writing an essay of approximately 500 words on either a work of literature or a current event selected from a list of approximately 10 works of literature and 10 current events offered at the time of examination.

(2) Personality: Aptitude, emotional stability, and background characteristic tests as may be administered.

(b) Eligible applicants who are licensed deck officers shall be administered a written examination in each of the following additional subjects:

(1) Navigation: Use and care of navigational instruments; definitions of nautical astronomy; buoyage system of the United States; piloting; principles of compass compensation; practical problems in determining latitude, longitude, azimuths, compass error, times of sunrise and sunset, and tides and currents.

(2) Seamanship: Types and characteristics of ships and boats; marlinspike seamanship; standing and running rigging; ground tackle; deck seamanship; signals; rules of the road; weather; ship handling; cargo handling and storage.

(3) Ship construction: Hull structure; fittings and equipment; stability; ship maintenance, preservation and repair; subdivision; damage control.

(4) Laws and regulations: Lifesaving apparatus; safety equipment; safety and comfort of passengers and crews; annual and special inspections; notices to be posted; drills; procedures in disputes and casualties.

(c) Eligible applicants who are licensed engineer officers shall be administered a written examination in each of the following additional subjects:

(1) Fire prevention and safety: Principles of use, operation, and construction of masks, lamps, and fire equipment; methods of firefighting and fire prevention; required equipment for merchant vessels.

(2) Steam engines: Construction, operation, and maintenance of reciprocating and turbine engines and their auxiliaries.

(3) Boilers: Construction, operation, and maintenance of fire tube and water tube boilers and their auxiliaries.

(4) Diesel engines: Construction, operation, and maintenance of diesel engines and their auxiliaries.

(5) Refrigeration: Construction, operation, and maintenance of refrigerating units and equipment.

(6) Electricity: Construction, operation, and maintenance on direct current systems, alternating current systems, and electrical equipment; basic electrical formulas and problems.

(7) Laws and regulations: Drills; tests of pressure vessels and inspection procedures; penalties for violations of required engineering reports, tests, and inspections.

(8) Mathematics: Engineering principles; solution of formulas used in piping, boiler, and pressure vessel calculations; problems in mensuration.

§ 33.05-17 Interview.

(a) Eligible applicants shall be interviewed by a board of Coast Guard officers at the time of the written examination.

(b) The Board of Interview shall consist of at least three Coast Guard officers of the rank of lieutenant or above. § 33.05-19 Physical examinations.

(a) Eligible applicants shall be administered a preliminary physical examination at a Public Health Service facility at the time of the written examination.

(b) Applicants who are recommended for appointment also shall be administered a preappointment physical exami nation within 60 days of actual acceptance of appointment.

(c) Applicants must meet the physical standards prescribed for original entry into the U.S. Coast Guard as prescribed in Subpart 33.10 of this part.

[CGFR 61-41, 27 F.R. 4554, May 12, 1962, as amended by CGFR 67-14, 32 F.R. 3398, Mar. 1, 1967]

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(a) Completed application files, inIcluding the results of the written examinations and the report of the Board of Interview, shall be evaluated by the Permanent Examining Board at Coast Guard Headquarters. The findings and recommendations of the Permanent Examining Board, when approved by the Commandant, shall be final.

(b) Applicants who are recommended for appointment will be so notified in writing. Each applicant will be requested to advise the Commandant as to the date and place where he desires to receive the pre-appointment physical examination and to accept appointment.

(c) Applicants who are not recommended for appointment will be so notified in writing.

§ 33.05-23 Appointments.

(a) Appointments will be made by the President, by and with the advice and consent of the Senate, in the grades of lieutenant, junior grade, or lieutenant according to the qualifications and experience of the applicants. Such appointments shall be subject to a probationary period of 2 years; during this period commissions of those appointees whose services are unsatisfactory may

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(a) Officers appointed under this subpart shall take precedence in the grade in which appointed in accordance with the date of commission in such grade. Appointees whose dates of commission are the same shall take precedence with each other in the order recommended by the Permanent Examining Board as approved by the Commandant. Subpart 33.10-Physical Standards

AUTHORITY: The provisions of this Subpart 33.10 issued under secs. 92, 225, 633, 63 Stat. 503, 513, 545; 14 U.S.C. 92, 225, 633.

SOURCE: The provisions of this Subpart 33.10 contained in CGFR 55–54, 21 F.R. 1198, Feb. 22, 1956, unless otherwise noted.

§ 33.10-1 General.

The

Examining medical officers in the field will prepare medical certificates on applicants in strict accordance with the regulations in this subpart. They have no authority to deviate in any respect from the requirements. medical certificates will contain the actual facts as disclosed by the physical examination, together with the opinion of the examining physicians as to whether or not the candidate is physically qualified for appointment. Final determination as to physical qualification based on the facts disclosed by this report and the opinion of the examining medical officers will be made by the Commandant. The medical examining board shall give due consideration to the age of the applicant being examined for appointment, and to his physical ability to efficiently perform the duties of the grade for which he is examined, notwithstanding such physical conditions as he may present. On the Report of Physical Examination (SF88) there will be recorded any physical defects noted by the board, although the board does not consider that such defects physically disqualify the applicant for appointment. The following are the general disqualifications, but it is impossible to specify every disease or condition which would disqualify an appli

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