(a) A claim is payable under this subpart if it was incident to a noncombat activity of the Coast Guard or was caused by:
- (1) A military member of the Coast Guard;
- (2) A civilian employee of the Coast Guard who is not a national of the country in which the incident occurred; or
(3) A civilian employee of the Coast Guard who is a national of the country in which the incident occurred if:
- (i) The employee was within the scope of employment, or
- (ii) An employer or owner of the property involved would be liable under local law.