the time supplies and services are furnished.

(d) Sales of equipment not readily procurable on the open market. Charges imposed for sales of apparatus and equipment manufactured by or in use in the Coast Guard which, in the opinion of the Commandant (FS), is not readily procurable in the open market, are subject to the following conditions:

(1) The apparatus or equipment has not been reported as excess to the General Services Administration (if SO reported, requests to purchase will be submitted by the Commandant (FS) to the General Services Administration); and,

(2) The apparatus or equipment is not classified for security reasons or is not dangerous to the public health and safety; and,

(3) The authorized buyers of this apparatus or equipment are foreign, State, or municipal governments or governmental units thereof; parties required to maintain private aids to navigation; contractors engaged on public works; and in other cases in which, in the judgment of the Commandant (FS), the public interest may be served; and,

(4) The approved sales will be at prices determined by the Commandant (FS), which will include an overhead charge not to exceed 25 percent of acquisition cost.

(e) Sales to and storage of non-Federal aircraft. (1) Activities having the necessary supplies and facilities are authorized to furnish fuel, oil, equipment, supplies, mechanical services, temporary storage, or other assistance to any aircraft operated by State, municipal, or private enterprise in emergency cases. Complete engines, airplane wings, or other major items of equipment shall not be furnished without prior authority from the Commandant.

(2) Aircraft damaged to the extent that major repairs are required may be given emergency storage at the request of the pilot, provided the necessary facilities are available. No such aircraft will be given

a major or minor overhaul. Damaged aircraft may be stored in its original damaged condition. If aircraft requires extensive repairs, such as would include the replacing of major parts and such major parts cannot be made available or supplied within a reasonable length of time by the operator of such aircraft, then the aircraft must be re

moved from the Coast Guard reservation by the operator without delay.

(3) The Government will not assume any responsibility for any loss or damage incurred by such aircraft while on a Coast Guard reservation and the owner shall be required to remove the aircraft from the reservation at the earliest practicable date.

(4) Storage charges for such aircraft on a Coast Guard reservation shall be as follows:

(i) For the first 6 working days, no charge;

(ii) For each calendar day thereafter, $3 for a single motor plane and $5 for a dual or multiengine plane.

(5) In the absence of any information to the contrary regarding a particular item or material, the price at which the item is carried in stock, or on the Plant Property Record (book price) will be regarded as the fair market value.

(6) When materials or services or both materials and services are furnished an aircraft, a deposit equal to the estimated value of such services and materials as will be required shall be obtained in advance of the rendition of the services and issuance of the materials.

(7) The charges for mechanical services rendered (other than in connection with the arrival, refueling, and departure of airplanes) shall be an hourly charge for labor, with a minimum of 1 hour, which shall be the equivalent to the schedule of wage rates for civilian personnel for the district (i.e., machinists, helpers, etc.), regardless of whether the services are performed by enlisted or civilian personnel.

(Sec. 1107, 72 Stat. 798, as amended, sec. 641, 63 Stat. 547, as amended, sec. 1, 73 Stat. 357; 49 U.S.C. 1507, 14 U.S.C. 641(b), 654) § 1.26-20 Sales to eligible foreign gov

ernments.

(a) Policy of United States. The Congressional policy is set forth in Title 22, U.S. Code, section 2351. The Executive Order No. 10973 dated November 3, 1961 (26 F.R. 10469), describes the administration of foreign assistance and related functions.

(b) Diplomatic transactions. Sales of Coast Guard material under reimbursable aid will be by direction of the Commandant (FS) and as approved by the Office of the Chief of Naval Operations. Reimbursable aid transactions are diplomatic transactions and are negotiated

primarily between the respective foreign military attaché or other representatives of their embassy in Washington, D.C., and the Office of the Chief of Naval Operations. Prices will be based on material cost only and estimates will not include packing, crating, and handling or transportation costs. Under reimbursable aid, transportation costs are borne by the purchasing country and shipments are usually accomplished on collect commercial bills of lading.

§ 1.26-25 Payment of charges.

(a) The payment of charges shall be by postal money order or check payable to "U.S. Coast Guard," and given or sent to the office of the Coast Guard performing the service or furnishing the supplies, equipment, etc.

Subpart 2.30-Navigable Waters of the

United States-Florida

Chattahoochee River.

2.30-1

2.30-5

Rainbow Springs.

2.30-10

2.30-15

2.30-20

Withlacoochee River.

Ochlockonee River.

Oklawaha River and chain of lakes
from Lakes Griffin to Lake John.

Subpart 2.31-Navigable Waters of the
United States-Georgia

Chattahoochee River.

2.31-1

2.31-5

Flint River.

2.31-10

Savannah River.

Subpart 2.33-Navigable Waters of the

2.33-1

United States-Hawaii

Huleia River. 2.33-5 Wailua River.

2.33-10

Honolulu Harbor.

§ 2.01-5 Assignment of functions.

(a) The Secretary of the Treasury by Treasury Department Orders 120, dated July 31, 1950 (15 F.R. 6521), and 167-17, dated June 25, 1955 (20 F.R. 4976), delegated to the Commandant, United States Coast Guard, authority to prescribe rules and regulations as necessary to carry out the provisions of any law administered by the Coast Guard. The general statements of policy, interpretive rules, and descriptions of practices are prescribed pursuant to section 3 of the Administrative Procedure Act (5 U.S.C. 1002) and section 633 of Title 14, U.S. Code, in the act of August 4, 1949.

§ 2.01-10 Penalties and violations.

(a) The regulations in this part are "interpretive rules, general statements of policy, rules of agency organization, procedure, or practice" as described in subsection 4(a) of the Administrative Procedure Act (5 U.S.C. 1003 (a)). The failure to comply with any law as interpreted by a regulation in this part will be considered as a violation of such law and a penalty may be assessed.

(b) The reports of violations of navigation and vessel inspection laws, as well as the assessment, collection, mitigation or remission of penalties authorized by law shall be in accordance with 46 CFR Subpart 2.50 (Subchapter AProcedures Applicable to the Public). Subpart 2.05-Coast Guard Functions and Powers

§ 2.05-1

Primary duties assigned by law. (a) Section 2 of Title 14 (Coast Guard), U.S. Code, states the primary duties of the Coast Guard as follows:

The Coast Guard shall enforce or assist in the enforcement of all applicable Federal laws upon the high seas and waters subject to the jurisdiction of the United States; shall administer laws and promulgate and enforce regulations for the promotion of safety of life and property on the high seas and on waters subject to the jurisdiction of the United States covering all matters not specifically delegated by law to some other executive department; shall develop, establish, maintain, and operate, with due regard to the requirements of national defense, aids to maritime navigation, ice-breaking facilities, and rescue facilities for the promotion of safety on and over the high seas and waters subject to the jurisdiction of the United States; shall engage in oceanographic research on the high seas and in water subject to the jurisdiction of the United States;

(c) Section 4403 of the Revised Statutes, as amended (46 U.S.C. 372), states administrative duties of the Coast Guard with respect to inspections as follows:

The Commandant of the Coast Guard shall superintend the administration of the steamboat-inspection laws, and produce a correct and uniform administration of the inspection laws, rules, and regulations.

(d) The regulations in 46 CFR Chapter I, and in this chapter have been prescribed to implement various laws administered or enforced by the Coast Guard, which laws are described in or with the applicable regulations.

§ 2.05-5 Law enforcement.

(a) Section 89 of Title 14 (Coast Guard), U.S. Code, states the law enforcement duties of the Coast Guard as follows:

The Coast Guard may make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the United States has jurisdiction, for the prevention, detection, and suppression of violations of laws of the United States. For such purposes, commissioned, warrant, and petty officers may at any time go on board any vessel subject to the jurisdiction, or to the operation of any law, of the United States, address inquiries to those on board, examine the ship's documents and papers, and examine, inspect, and search the vessel and use all necessary force to compel compliance. When from such inquiries, examination, inspection, or search it appears that a breach of the laws of the United States rendering a person liable to arrest is being, or has been committed, by any person, such person shall be arrested or, if escaping to shore, shall be immediately pursued and arrested on shore, or other lawful and appropriate action shall be taken; or, if it shall appear that a breach of the laws of the United States has been committed so as to render such vessel, or the merchandise, or any part thereof, on board of, or brought into the United States by, such vessel, liable