this subsection to serve in any reserve component of the armed forces of the United States, but nothing in this subsection shall be construed to prevent any such person, while in a reserve component of such forces, from being ordered or called to active duty in such forces.

(b) Section 4 (d) (3) of the Universal Military Training and Service Act, as amended, provides:

Each person who, subsequent to the date of enactment of this paragraph, is inducted, enlisted, or appointed, under any provision of law, in the Armed Forces, including the reserve components thereof, or in the National Security Training Corps prior to attaining the twenty-sixth anniversary of his birth shall be required to serve on active training and service in the Armed Forces or in training in the National Security Training Corps, and in a reserve component, for a total period of eight years, unless sooner discharged on the grounds of personal hardship, in accordance with regulations and standards prescribed by the Secretary of Defense (or the Secretary of the Treasury with respect to the United States Coast Guard). Each such person, on release from active training and service in the Armed Forces or from training in the National Security Training Corps, shall, if physically and mentally qualified, be transferred to a reserve component of the Armed Forces, and shall serve therein for the remainder of the period which he is required to serve under this paragraph and shall be deemed to be a member of such reserve component during such period. In case the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force (or the Secretary of the Treasury with respect to the United States Coast Guard), determines that enlistment, enrollment, or appointment in, or assignment to, an organized unit of a reserve component or an officers' training program of the armed force in which he served is available to, and can, without undue personal hardship, be filled by any such person, it shall be the duty of such person to enlist, enroll, or accept appointment in, or accept assignment to, such organized unit or offcers' training program, and to serve satisfactorily therein. The Secretaries of the Army, Navy, and Air Force, with the approval of the Secretary of Defense (and the Secretary of the Treasury with respect to the United States Coast Guard), may provide, by regulations which shall be as nearly uniform as practicable, for the release from training and service in the Armed Forces prior to serving the periods required by subsection (b) of this section of individuals who volunteer for and are accepted into organized units of the Army National Guard and Air

National Guard and other reserve components. Nothing in this subsection shall be construed to prevent any person, while in a reserve component of the Armed Forces, from being ordered or called to active duty in such Armed Force.

§ 53.07

Interpretations and policies.

(a) Under section 4(d) (1) of the Universal Military Training and Service Act, as amended, the following interpretations shall be applicable in administering this part:

(1) Persons enlisting or reenlisting or accepting an appointment in the United States Coast Guard at any time between the dates of September 27, 1950 (the date the Selective Service Act of 1948 was made applicable to the United States Coast Guard) and June 19, 1951, both dates inclusive, and whose service subsequent to such enlistment or reenlistment, or acceptance of appointment has been of a total duration of less than 3 years, shall be transferred to the Coast Guard Reserve and be required to serve therein for a period of 5 years from the date of such transfer, unless sooner discharged for the purpose of complete separation from any military status: Provided, That this paragraph shall not apply to those persons who were exempt from induction at the time of enlistment during the period specified in this subparagraph.

(2) Transfer to the Coast Guard Reserve shall not be made in the case of any person falling within the class defined in subparagraph (1) of this paragraph, who, subsequent to his enlistment or reenlistment between the dates indicated, has been discharged or permitted to resign for the purpose of effecting his complete separation from any military status, unless such discharge or acceptance of a resignation was or is for the purpose of immediate entry or reentry in the same or any other component of the Armed Forces in the same or any other status or for the purpose of entry into an officers' training program in which participants have a military status.

(3) In computing the duration of service subsequent to enlistment or reenlistment between the dates indicated, any service performed in an officers' training program in which the individual concerned had or has a military

status, including service as a cadet at the United States Coast Guard Academy, shall be considered as service under such enlistment or reenlistment. (This interpretation shall be disregarded in making computations of "service" for any other purpose or purposes.)

(4) The Commandant shall provide for the relief from liability for further obligated service of personnel who fulfill the requirements of the proviso contained in section 4 (d) (1) of the Universal Military Training and Service Act, as amended, or who, either voluntarily or involuntarily, return to active military service for such period or periods as he may prescribe.

(b) Under section 4 (d) (3) of the Universal Military Training and Service Act, as amended, the following interpretations shall be applicable in administering this part:

(1) Except as hereinafter indicated, persons originally enlisting or accepting an appointment in the Coast Guard or Coast Guard Reserve at any time subsequent to June 19, 1951, and prior to attaining the twenty-sixth anniversary of their birth, are obligated to serve in the Armed Forces for a total period of eight years following such enlistment or acceptance of appointment, unless sooner discharged for the purpose of complete separation from any military status.

(2) Persons reenlisting subsequent to June 19, 1951, after having performed any active or inactive service in any Armed Force, including the reserve components thereof, under an enlistment or appointment effected on or prior to June 19, 1951, shall not incur an obligation to serve for 8 years.

(3) A person falling within the class defined in subparagraph (1) of this paragraph shall, on release from active training and service or upon termination of an enlistment in the Reserve, be transferred to or retained in the Coast Guard Reserve and required to serve therein for such period as may be required to complete the remaining portion of the eight-year obligation.

(4) The eight-year obligation is considered terminated upon a discharge for the purpose of complete separation from any military status, or upon revocation or termination of commission or appointment, acceptance of resignation,

dropping from the rolls, or dismissal, unless such discharge or other type of separation was or is for the purpose of immediate entry or reentry in the same or any other component of the Armed Forces in the same or any other status, or for the purpose of entry into an Officers' Training Program in which participants have a military status.

(5) In computing service performed toward the fulfillment of the eight-year obligation, any service performed in an Officers' Training Program, in which the individual concerned had or has a military status, including service as a cadet at the United States Coast Guard Academy, shall be counted in the same manner as service in a regular or reserve component of the Armed Forces. (This interpretation shall be disregarded in making computations of "service" for any other purpose or purposes.)

(6) Upon determination by the Commandant of the United States Coast Guard that enlistment, enrollment, appointment in, or assignment to, an organized unit of the United States Coast Guard Reserve is available to, and can, without undue personal hardship, be filled by a person obligated to serve for eight years under section 4 (d) (3) of the Universal Military Training and Service Act, as amended, it shall be the duty of such reservist to enlist, enroll, or accept appointment in, or accept assignment to such organized unit and to serve satisfactorily therein. § 53.09

Discharge.

(a) The aids to navigation system of the United States is for the purpose of aiding navigation. That part of the system administered by the Coast Guard is to serve the needs of the Armed Forces and the commerce of the United States. This subchapter contains the rules, regulations and procedures related thereto. [CGFR 58-50, 24 F.R. 5605, July 11, 1959] § 60.01-5 Definition of terms.

Certain terms as used in this subchapter are defined as follows:

(a) Aid to navigation. The term aid to navigation or aid, as used in this subchapter, means any device external to a vessel or aircraft intended to assist a navigator to determine his position or safe course, or to warn him of dangers or obstructions to navigation.

(b) Armed forces. The term Armed Forces as used in this subchapter means the Army, Navy, Air Force, and Marine Corps of the United States.

(c) Commerce. The term commerce as used in this subchapter, in addition to the general national and international trade and commerce of the United States, includes trade and travel by seasonal passenger craft (marine and air), yachts, houseboats, fishing boats, motor boats, and other craft whether or not operated for hire or profit.

(d) Commandant. The term Commandant means the Commandant of the Coast Guard.

(e) Corps of Engineers. The term Corps of Engineers means the Corps of Engineers, Department of the Army.

(f) District Commander. The term District Commander means the Commander of a Coast Guard District.

(g) District Engineer. The term District Engineer means the District Engineer, Corps of Engineers, Department of the Army.

(h) Light station. The term light station means a lighted aid to navigation on a fixed structure to which personnel are assigned for the purpose of watching the light.

(i) Navigable water. The term navigable water, singular or plural, means water navigable in fact which by itself, or by uniting with other waters, navigable in fact, forms a continuous highway over which interstate or international commerce may be conducted in the customary mode of trade and travel on water.

(j) Person. The term person imports both singular or plural, as the case demands, and includes any Federal Agency, State, Territory, possession, or public subdivision thereof, the District of Columbia and any corporation, company, association, club, or other instrumentality.

[CGFR 52-15, 18 F.R. 4, Jan. 1, 1953, as amended by CGFR 58-50, 24 F.R. 5605, July 11, 1959]

AUTHORITY: The provisions of this Part 62 issued under secs. 81, 87, 92, 93, 633, 63 Stat. 500, 501, 503, 504, 545; 14 U.S.C. 81, 87, 92, 93, 633, unless otherwise noted.

SOURCE: The provisions of this Part 62 contained in CGFR 52–15, 18 F.R. 4, Jan. 1, 1953, unless otherwise noted.

Subpart 62.01-Establishment of Aids to Navigation

§ 62.01-1 Maritime aids.

(a) The establishment, maintenance and operation of maritime aids to navigation, other than loran stations, to serve the needs of commerce of the United States may be authorized by the Commandant to mark the navigable waters of the United States, its territories and possessions, the Trust Territory of the Pacific Islands and those waters on which aids to navigation have been established by the Coast Guard prior to June 26, 1948.

(b) The establishment, maintenance and operation of loran stations to serve the needs of maritime commerce of the United States may be authorized by the Commandant. The establishment, maintenance and operation of loran stations to serve the needs of maritime and air commerce of the United States may be authorized by the Commandant providing the need for loran stations required to serve air commerce of the United States is determined by the Administrator of the Federal Aviation Agency.

(c) Any aid to navigation to be establisted, maintained and operated by the Coast Guard to serve the needs of commerce must be necessary for the safety of navigation, useful for commerce of a substantial and permanent character, and must be justified in terms of public benefit to be derived therefrom. [CGFR 58-50, 24 F.R. 5605, July 11, 1959] § 62.01-5 Aids for Armed Forces.

(a) Upon request of the military authority having jurisdiction of the area, the Coast Guard may establish, maintain, and operate maritime aids to navigation, other than loran stations, in order to meet the needs of the Armed Forces.

(b) Upon request of the Secretary of the appropriate department within the Department of Defense, the Commandant may establish, maintain and operate loran and other aids to air navigation in order to meet the needs of the Armed Forces.

(c) Establishment, maintenance and operation of aids to navigation, other than loran stations, as covered in paragraphs (a) and (b) of this section shall be limited to the United States, its territories and possessions, the Trust Territory of the Pacific Islands, or beyond the territorial jurisdiction of the United States at places where naval or military bases are located, and at other places where aids to navigation have been established by the Coast Guard prior to June 26, 1948.

[CGFR 58-50, 24 F.R. 5605, July 11, 1959] § 62.01-10 Federal Agencies other than the Armed Forces.

The Coast Guard may establish, maintain, and operate aids to navigation to serve the needs of Federal Agencies, other than the Armed Forces, as follows:

(a) Any aid to navigation which is necessary for the safety of navigation, useful for commerce of a substantial and

permanent character, and which can be justified in terms of the general public benefit derived therefrom may be established and maintained from Coast Guard appropriations.

(b) Any aid to navigation which is for the primary benefit of a Federal Agency other than the Armed Forces may be established and maintained by the Coast Guard on a reimbursable basis. The charge for the original establishment in the case of permanent aids shall be based on the actual cost thereof. The charge for maintenance, including servicing time, shall be in accordance with Part 74 of this subchapter. In the case of temporary establishments, the charge for both establishment and maintenance shall be in accordance with Part 74 of this subchapter. In very minor cases charges may be waived by the Commandant to simplify administrative procedures.

(c) Any Federal Agency other than the Armed Forces desiring to establish and maintain its own aids to navigation shall follow the procedure described in Part 66 of this subchapter.

[CGFR 52-15, 18 F.R. 4, Jan. 1, 1953, as amended by CGFR 58-50, 24 F.R. 5606, July 11, 1959]

§ 62.01-15 Anchorage areas.

Anchorage areas in the waters of the United States which have been defined and established by the Secretary of the Army are marked by the U.S. Coast Guard.

(42 Stat. 844; 33 U. S. C. 472)

Upon request of the District Director, U.S. Public Health Service, the Coast Guard will mark quarantine anchorage areas designated by the Surgeon General, U.S. Public Health Service.

(42 Stat. 844; 33 U. S. C. 472)

§ 62.01-25 Danger, restricted, and prohibited areas.

The Coast Guard will appropriately mark, if deemed necessary by the Coast Guard and at the request of the cognizant District Engineer, danger, restricted, and prohibited areas which have been so designated by the Secretary of the Army. Charges shall not be made by the Coast Guard for preparation, establishment, servicing, and maintenance of such marking.

[CGFR 58-50, 24 F.R. 5606,July 11, 1959]

§ 62.01-30 Marking pierheads on the northern and northwestern lakes.

The Coast Guard will mark all pierheads belonging to the United States situated on the northern and northwestern lakes whenever the District Commander is notified by the District Engineer that the construction of any such pierhead has been completed.

(R. S. 4677, as amended; 33 U. S. C. 735) § 62.01-35 Markings for marine parades and regattas.

(a) For the purpose of protecting life and property the Commandant may authorize the establishment of aids to navigation to mark marine parades and regattas which are regulated by the Coast Guard. For marine parade and regatta regulations, see Part 100 of this chapter.

(b) Any aids to navigation authorized in accordance with paragraph (a) of this section will consist of standard type Coast Guard aids to navigation, except, however, the Coast Guard will place special type markings in lieu of Coast Guard aids to navigation: Provided, The sponsors of the regatta or marine parade furnish and deliver the markers they desire together with any special appurtenances to a mutually agreed upon location at no expense to the Federal Government. The Coast Guard, in placing and maintaining such special type markings will assume no responsibility for them, nor will it expend funds or perform other than minor repair services to maintain their condition.

(c) The maintenance of any aids to navigation established in accordance with the foregoing paragraphs will be limited to the period of the marine parade or regatta.

(d) The locating of such markings will be made by the methods commonly employed by the Coast Guard. Any special surveys required must be arranged for by the sponsors of the marine parade or regatta at no expense to the Coast Guard.

(e) All aids to navigation established to mark race courses, regattas, marine parades, or other water events, other than those established by the Coast Guard as provided for in paragraphs (a) and (b) of this section shall be considered private aids to navigation, and shall be regulated as prescribed in Part 66 of this subchapter.

(Secs. 1-4, 35 Stat. 69, as amended; 46 U. S. C. 454-457)