SUBCHAPTER C—AIDS TO NAVIGATION
CROSS REFERENCE: Corps of Engineers, De- Subpart A—General partment of the Army, see Chapter II of this title. § 62.1 Purpose. (a) The Coast Guard administers the PART 60 [RESERVED] U.S. Aids to Navigation System. The system consists of Federal aids to navi- PART 62—UNITED STATES AIDS TO gation operated by the Coast Guard, NAVIGATION SYSTEM aids to navigation operated by the other armed services, and private aids Subpart A—General to navigation operated by other per- sons. Sec. (b)(1) This part describes the general 62.1 Purpose. characteristics of the U.S. Aids to 62.3 Definition of terms. Navigation System, and the details, 62.5 Marking for marine parades and regat- policies and procedures employed by tas. the Coast Guard in establishing, main- taining, operating, changing or dis- Subpart B—The U.S. Aids to Navigation continuing Federal aids to navigation. System Regulations concerning the marking of 62.21 General. wrecks, structures, and other obstruc- 62.23 Beacons and buoys. tions are found in 33 CFR part 64. Regu- 62.25 Lateral marks. lations concerning private aids are 62.27 Safe water marks. found in 33 CFR part 66. Regulations 62.29 Isolated danger marks. concerning the marking of artificial is- 62.31 Special marks. lands and structures which are erected 62.32 Inland waters obstruction mark. on or over the seabed and subsoil of the 62.33 Information and regulatory marks. Outer Continental Shelf of the United 62.35 Mooring buoys. States or its possessions are found in 33 62.37 Lighthouses. CFR part 67. Regulations concerning 62.39 Large navigational buoys. the marking of bridges are found in 33 62.41 Ranges. CFR part 118. Regulations concerning 62.43 Numbers and letters. aids to navigation at deepwater ports 62.45 Light characteristics. are found in subchapter NN of this 62.47 Sound signals. chapter. 62.49 Intracoastal Waterway identification. (2) The regulations found in 33 CFR 62.51 Western Rivers Marking System. subpart 66.10 expire on December 31, 62.53 Racons. 2003, at which time the provisions of 62.54 Ownership identification. this part will apply. (c) The Coast Guard maintains sys- Subpart C—Maritime Radiobeacons tems of marine aids to navigation con- 62.55 General. sisting of visual, audible, and elec- 62.57 Carrier type operation. tronic signals which are designed to as- 62.59 Calibration service. sist the prudent mariner in the process 62.61 Caution. of navigation. The aids to navigation system is not intended to identify Subpart D—Public Participation in the Aids every shoal or obstruction to naviga- to Navigation System tion which exists in the navigable wa- ters of the United States, but rather 62.63 Recommendations. provides for reasonable marking of ma- 62.65 Procedure for reporting defects and rine features as resources permit. The discrepancies. primary objective of the aids to navi- AUTHORITY: 14 U.S.C. 85; 33 U.S.C. 1233; 43 gation system is to mark navigable U.S.C. 1333; 49 CFR 1.46. channels and waterways, obstructions SOURCE: CGD 86–031, 52 FR 42640, Nov. 6, adjacent to these waterways, and ob- 1987, unless otherwise noted. structions in areas of general naviga- tion which may not be anticipated.
139
VerDate 11
Other waters, even if navigable, are protecting life and property, or to as- generally not marked. sist in the observance and enforcement [CGD 86–031, 52 FR 42640, Nov. 6, 1987, as of special regulations. For marine pa- amended by CGD 88–018, 54 FR 48608, Nov. 24, rade and regatta regulations, see Part 1989; CGD 97–018, 63 FR 33573, June 19, 1998] 100 of this chapter.
EFFECTIVE DATE NOTE: By CGD 97–018, 63 FR 33573, June 19, 1998, § 62.1 was amended by Subpart B—The U.S. Aids to redesignating paragraph (b) as paragraph Navigation System (b)(1), and by adding paragraph (b)(2), effec- tive July 20, 1998. § 62.21 General. § 62.3 Definition of terms. (a) The navigable waters of the Certain terms as used in this sub- United States and non-navigable State chapter are defined as follows: waters after December 31, 2003, are (a) Aid to Navigation. The term aid to marked to assist navigation using the navigation means any device external U.S. Aids to Navigation System, a sys- to a vessel or aircraft intended to as- tem consistent with the International sist a navigator to determine position Association of Lighthouse Authorities or safe course, or to warn of dangers or (IALA) Maritime Buoyage System. The obstructions to navigation. IALA Maritime Buoyage System is fol- (b) Commerce. The term commerce, in lowed by most of the world’s maritime addition to general, national and inter- nations and will improve maritime national trade and commerce of the safety by encouraging conformity in United States, includes trade and trav- buoyage systems worldwide. IALA el by seasonal passenger craft (marine buoyage is divided into two regions and air), yachts, houseboats, fishing made up of Region A and Region B. All boats, motor boats, and other craft, navigable waters of the United States whether or not operated for hire or follow IALA Region B, except U.S. pos- profit. sessions west of the International Date (c) Commandant. The term Com- Line and south of 10 degrees north lati- mandant means the Commandant of tude, which follow IALA Region A. the Coast Guard. Lateral aids to navigation in Region A (d) District Commander. The term Dis- vary from those described throughout trict Commander means the com- this Subpart. Non-lateral aids to navi- mander of a Coast Guard District. gation are the same as those used in Coast Guard Districts are listed in Part Region B. See § 62.25. Appropriate nau- 3 of this chapter. tical charts and publications should be (e) Corps of Engineers. The term Corps consulted to determine whether the of Engineers means the Corps of Engi- Region A or Region B marking schemes neers, Department of the Army. are in effect for a given area. (f) Person. The term person imparts (b) The U.S. Aids to Navigation Sys- both singular or plural, as the case de- tem is designed for use with nautical mands, and includes any Federal Agen- charts. Nautical charts portray the cy, State, Territory, possession, or physical features of the marine envi- public subdivision thereof, the District ronment, including soundings and of Columbia, and any corporation, com- other submarine features, landmarks, pany, association, club, or other in- and other aids necessary for the proper strumentality. navigation of a vessel. This crucial in- (g) Navigable Waters of the United formation cannot be obtained from States. The term Navigable waters of other sources, even ones such as topo- the United States is defined in § 2.05– graphic maps, aeronautical charts, or 25(a) of this part. atlases. The exact meaning of an aid to navigation may not be clear to the § 62.5 Marking of marine parades and mariner unless the appropriate chart is regattas. consulted, as the chart illustrates the (a) The Coast Guard may establish relationship of the individual aid to aids to navigation to mark marine pa- navigation to channel limits, obstruc- rades and regattas which are regulated tions, hazards to navigation, and to the by the Coast Guard for the purpose of total aids to navigation system.
140
VerDate 28
(c) The navigator should maintain Mariners. These broadcasts update the and consult suitable publications and Local Notice to Mariners with more instruments for navigation depending timely information. Mariners should on the vessel’s requirements. This ship- monitor VHF–FM channel 16 to locate board equipment is separate from the Coast Guard Marine Information aids to navigation system, but is often Broadcasts. essential to its use. The following pub- (d) The U.S. Aids to Navigation Sys- lications are available from the U.S. tem is primarily a lateral system Government to assist the navigator: which employs a simple arrangement (1) The Light List, published by the of colors, shapes, numbers, and light Coast Guard and available through the characteristics to mark the limits of Government Printing Office or author- navigable routes. This lateral system is ized sales agents, lists federal and pri- supplemented by nonlateral aids to vate aids to navigation. It includes all navigation where appropriate. major Federal aids to navigation and those private aids to navigation, which (e) Generally, lateral aids to naviga- have been deemed to be important to tion indicate on which side of a vessel general navigation, and includes a an aid to navigation should be passed physical description of these aids and when the vessel is proceeding in the their locations. Conventional Direction of Buoyage. (2) The United States Coast Pilot, Normally, the Conventional Direction published by the National Ocean Serv- of Buoyage is the direction in which a ice and available through that agency vessel enters navigable channels from or authorized nautical chart sales seaward and proceeds towards the head agents, supplements the information of navigation. In the absence of a route shown on nautical charts. Subjects leading from seaward, the Conven- such as local navigation regulations, tional Direction of Buoyage generally channel and anchorage peculiarities, follows a clockwise direction around dangers, climatalogical data, routes, land masses. For example, proceeding and port facilities are covered. southerly along the Atlantic Coast, (3) Local Notices to Mariners are from Florida to Texas along the Gulf published by local Coast Guard District Coast, and northerly along the Pacific Commanders. Persons may be placed Coast are considered as proceeding in on the mailing list to receive local No- the Conventional Direction of Buoyage. tices by contacting the Aids to Naviga- In some instances, this direction must tion and Waterway Management be arbitrarily assigned. Where doubt Branch of the appropriate Coast Guard exists, the mariner should consult District. These notices pass informa- charts and other nautical publications. tion affecting navigation safety. (f) Although aids to navigation are Changes to aids to navigation, reported maintained to a reasonable degree of dangers, scheduled construction or reliability, the rigors of the marine en- other disruptions, chart corrections vironment and various equipment fail- and similar useful marine information ures do cause discrepancies on occa- is made available through this publica- sion. tion. (4) The Notice to Mariners is a na- (g) The Coast Guard makes reason- tional publication similar to the Local able efforts to inform the navigator of Notice to Mariners, published by the known discrepancies, and to correct Defense Mapping Agency, and available them within a reasonable period of by writing: Director, Defense Mapping time, depending upon resources avail- Agency, Combat Support Center, Code able. Occasionally, a temporary aid to PMSA, Washington, DC 20315–0010. A navigation, which provides different letter of justification should be in- but similar service, is deployed until cluded in the request. This publication permanent repairs can be made to the provides ocean going vessels signifi- original aid. Notification of such tem- cant national and international navi- porary changes is made through the gation and safety information. notice to mariners system. (5) The mariner should also listen to (h) Until 1994, some private aids to Coast Guard Broadcast Notices to navigation may display characteristics
141
VerDate 28
at variance with the U.S. Aids to Navi- (c) Buoys are floating aids to naviga- gation System. Mariners should exer- tion used extensively throughout U.S. cise caution when using private aids to waters. They are moored to the seabed navigation because private aids are by sinkers with chain or other moor- often established to serve the needs of ings of various lengths. specific users rather than general navi- (1) The daymark of a buoy is the gation and their purpose may not be color and shape of the buoy and, if so obvious to casual users; and, discrep- equipped, of the topmark. ancies to private aids are often de- (i) Can buoys have a cylindrical tected, reported, and corrected less shape. promptly than discrepancies to Coast (ii) Nun buoys have a tapered, conical Guard aids to navigation. shape. [CGD 86–031, 52 FR 42640, Nov. 6, 1987, as (iii) Pillar buoys have a wide cylin- amended by CGD 88–018, 54 FR 48608, Nov. 24, drical base supporting a narrower su- 1989; CGD 97–018, 63 FR 33573, June 19, 1998] perstructure. They may be surmounted EFFECTIVE DATE NOTE: By CGD 97–018, 63 by colored shapes called topmarks. FR 33573, June 19, 1998, § 62.21 was amended in (iv) Spherical buoys have a round paragraph (a) by adding after the words ‘‘The shape. navigable waters of the United States’’ the (2) Mariners attempting to pass a words ‘‘and non-navigable State waters after December 31, 2003,’’, effective July 20, 1998. buoy close aboard risk collision with a yawing buoy, the buoy’s mooring, or § 62.23 Beacons and buoys. with the obstruction which the buoy (a) Aids to navigation are placed on marks. shore or on marine sites to assist a (3) Mariners should not rely on buoys navigator to determine his position or alone for determining their positions safe course. They may mark limits of due to factors limiting their reliabil- navigable channels, or warn of dangers ity. Prudent mariners will use bearings or obstructions to navigation. The pri- or angles from beacons or other land- mary components of the U.S. Aids to marks, soundings, and various methods Navigation System are beacons and of electronic navigation. Buoys vary in buoys. reliability because: (b) Beacons are aids to navigation (i) Buoy positions represented on structures which are permanently fixed nautical charts are approximate posi- to the earth’s surface. They range from tions only, due to practical limitations large lighthouses to small, single-pile in positioning and maintaining buoys structures and may be located on land and their sinkers in precise geographi- or in the water. Lighted beacons are cal locations. called lights; unlighted beacons are (ii) Buoy moorings vary in length. called daybeacons. The mooring lengths define a ‘‘watch (1) Beacons exhibit a daymark. For circle’’, and buoys can be expected to small structures these are colored geo- move within this circle. Actual watch metric shapes which make an aid to circles do not coincide with the dots or navigation readily visible and easily circles representing them on charts. identifiable against background condi- (iii) Buoy positions are normally tions. Generally, the daymark conveys verified during periodic maintenance to the mariner, during daylight hours, visits. Between visits, environmental the same significance as does the aid’s light or reflector at night. The conditions, including atmospheric and daymark of large lighthouses and tow- sea conditions, and seabed slope and ers, however, consists of the structure composition, may shift buoys off their itself. As a result, these daymarks do charted positions. Also buoys may be not infer lateral significance. dragged off station, sunk, or capsized (2) Vessels should not pass beacons by a collision with a vessel. close aboard due to the danger of colli- [CGD 86–031, 52 FR 42640, Nov. 6, 1987; CGD 86– sion with rip-rap or structure founda- 031, 52 FR 46351, Dec. 5, 1987] tions, or the obstruction or danger that the aid marks.
142
VerDate 28
§ 62.25 Lateral marks. Direction of Buoyage, and starboard (a) Lateral marks define the port and hand marks will be green. The meaning starboard sides of a route to be fol- of daymark and buoy shapes is iden- lowed. They may be either beacons or tical in both regions. buoys. (e) Certain marks on the Intracoastal (b) Sidemarks are lateral marks Waterway may exhibit reversed lateral which advise the mariner to stay to significance. See § 62.49. one side of the mark. Their most fre- [CGD 86–031, 52 FR 42640, Nov. 6, 1987, as quent use is to mark the sides of chan- amended by CGD 88–018, 54 FR 48608, Nov. 24, nels; however, they may be used indi- 1989] vidually to mark obstructions outside of clearly defined channels. Sidemarks § 62.27 Safe water marks. are not always placed directly on a Safe water marks indicate that there channel edge and may be positioned is navigable water all around the mark. outside the channel as indicated on They are often used to indicate fair- charts and nautical publications. ways or midchannels, or the seaward (1) Port hand marks indicate the left end of channels. Safe water marks are side of channels when proceeding in the colored with red and white vertical Conventional Direction of Buoyage. stripes. Beacons have an octagonal Beacons have green square daymarks, daymark; red and white buoys are while buoys are green can or pillar spherical or display a red spherical buoys. topmark. (2) Starboard hand marks indicate the right side of channels when pro- [CGD 86–031, 52 FR 42640, Nov. 6, 1987, as ceeding in the Conventional Direction amended by CGD 88–018, 54 FR 48608, Nov. 24, 1989] of Buoyage. Beacons have red tri- angular daymarks, while buoys are red § 62.29 Isolated danger marks. nun or pillar buoys. (c) Preferred channel marks indicate Isolated danger marks indicate an channel junctions or bifurcations and isolated danger which may be passed may also mark wrecks or obstructions on all sides. As these marks are erected which the mariner, after consulting a or moored on or near dangers, they chart to ascertain the location of the should not be approached closely with- obstruction relative to the aid, may out special caution. These marks are pass on either side. Preferred channel colored black with one or more broad marks have red and green horizontal horizontal red bands and are equipped bands with the color of the topmost with a topmark of two black spheres, band indicating the preferred channel. one above the other. If the topmost band is green, the mark [CGD 86–031, 52 FR 42640, Nov. 6, 1987, as serves as a port hand mark for vessels amended by CGD 88–018, 54 FR 48608, Nov. 24, following the preferred channel pro- 1989] ceeding in the Conventional Direction of Buoyage, and as a starboard hand § 62.31 Special marks. mark for the other channel. Beacons Special marks are not primarily in- would have square daymarks, while tended to assist safe navigation, but to buoys would be can or pillar buoys. If indicate special areas or features re- the topmost band is red, the mark ferred to in charts or other nautical serves as a starboard hand mark for publications. They may be used, for ex- vessels following the preferred channel ample, to mark anchorages, cable or proceeding in the Conventional Direc- pipeline areas, traffic separation tion of Buoyage, and a port hand mark schemes, military exercise zones, ocean for the other channel. Beacons would data acquisition systems, etc. Special have triangular daymarks, while buoys marks are colored solid yellow. would be nun or pillar buoys. (d) The above color schemes apply to § 62.32 Inland waters obstruction IALA Region B. Marks located in the mark. IALA Region A exhibit reversed color (a) On inland waters designated by significance: port hand marks will be the Commandant as State waters in ac- red when following the Conventional cordance with § 66.05–5 of this chapter
143
VerDate 28
and on non-navigable internal waters EFFECTIVE DATE NOTE: By CGD 97–018, 63 of a State which have no defined head FR 33573, June 19, 1998, § 62.33 was amended of navigation, a buoy showing alter- by redesignating the introductory text as nate vertical black and white stripes paragraph (a), redesignating existing para- graphs (a) through (d) as (a)(1) to (a)(4), and may be used to indicate to a vessel op- adding a new paragraph (b), effective July 20, erator that an obstruction to naviga- 1998. tion extends from the nearest shore to the buoy. § 62.35 Mooring buoys. (b) The black and white buoy’s mean- Mooring Buoys are white with a blue ing is ‘‘do not pass between the buoy horizontal band. This distinctive color and the shore’’. The number of white scheme is recommended to facilitate and black stripes is discretionary, pro- identification and to avoid confusion vided that the white stripes are twice with aids to navigation. the width of the black stripes. Prior to December 31, 2003, this aid shall not be § 62.37 Lighthouses. used on a waterway which has a red Lighthouses are prominent beacons and white striped obstruction marker of varying size, color, and appearance defined in § 66.10–15(e)(3) of this chap- employed to mark headlands, landfalls, ter, unless all obstruction markers are harbor entrances, channel edges, haz- replaced. ards, and other features. While nor- [CGD 97–018, 63 FR 33573, June 19, 1998] mally identified by their distinctive appearance, some lighthouses display EFFECTIVE DATE NOTE: By CGD 97–018, 63 FR 33573, June 19, 1998, § 62.32 was added, ef- diamond shaped, checkered daymarks fective July 20, 1998. to facilitate recognition.
§ 62.33 Information and regulatory § 62.39 Large navigational buoys. marks. Large Navigational Buoys (LNB’s) (a) Information and Regulatory may be considered floating lighthouses. Marks are used to alert the mariner to They generally provide light, sound, various warnings or regulatory mat- and radiobeacon signals, and some are ters. These marks have orange geo- equipped with radar beacons (racons). metric shapes against a white back- LNB’s are red in color, have a forty ground. The meanings associated with foot diameter hull, and a tower ap- the orange shapes are as follows: proximately forty feet in height. (1) A vertical open-faced diamond sig- nifies danger. § 62.41 Ranges. (2) A vertical diamond shape having a Ranges are aids to navigation sys- cross centered within indicates that tems employing dual beacons which, vessels are excluded from the marked when the structures appear to be in area. line, assist the mariner in maintaining (3) A circular shape indicates that a safe course. The appropriate nautical certain operating restrictions are in ef- chart must be consulted when using fect within the marked area. ranges to determine whether the range (4) A square or rectangular shape will marks the centerline of the navigable contain directions or instructions let- channel and also to ascertain what sec- tered within the shape. tion of the range may be safety tra- (b) When a buoy is used as an infor- versed. Ranges are generally, but not mation or regulatory mark it shall be always, lighted, and display rectangu- white with two horizontal orange lar daymarks of various colors. bands placed completely around the [CGD 86–031, 52 FR 42640, Nov. 6, 1987; CGD 86– buoy circumference. One band shall be 031, 52 FR 46351, Dec. 5, 1987] near the top of the buoy body, with a second band placed just above the wa- § 62.43 Numbers and letters. terline of the buoy so that both bands (a) All solid red and solid green aids are clearly visible. are numbered, with red aids bearing [CGD 86–031, 52 FR 42640, Nov. 6, 1987, as even numbers and green aids bearing amended by CGD 97–018, 63 FR 33573, June 19, odd numbers. The numbers for each in- 1998] crease in the Conventional Direction of
144
VerDate 28
Buoyage. Numbers are kept in approxi- used on Preferred Channel Marks mately sequence on both sides of the where the topmost band is green. channel by omitting numbers where (2) Red lights mark starboard (right) necessary. sides of channels and locations of (b) Only sidemarks are numbered. wrecks or obstructions which are to be However, aids other than those men- passed by keeping these lights on the tioned above may be lettered to assist starboard (right) hand of a vessel. Red in their identification, or to indicate lights are also used on Preferred Chan- their purpose. Sidemarks may carry nel Marks where the topmost band is letters in addition to numbers to iden- red. tify the first aid to navigation in a wa- (3) Certain lights marking the Intra- terway, or when new aids to navigation coastal Waterway may display reversed are added to channels with previously lateral significance. See § 62.49. completed numerical sequences. Let- (c) Yellow lights have no lateral sig- ters on sidemarks will follow alphabet- nificance. Except on the Western Riv- ical order from seaward and proceeding ers, see § 62.51, white lights have no lat- toward the Conventional Direction of eral significance. The purpose of aids Buoyage and will be added to numbers exhibiting white or yellow lights may as suffixes. be determined by their shape, color, (c) Aids to navigation may be fitted letters or numbers, and the light with light-reflecting material to in- rhythm employed. crease their visibility in darkness. The (d) Light rhythms, except as noted in colors of this material may convey the § 62.51 for the Western Rivers, are em- same significance as the aid except ployed as follows: that letters and numbers may be white. (1) Aids with lateral significance dis- (d) Exceptions to the provisions of play regularly flashing or regularly this section will be found on the West- occulting light rhythms. Ordinarily, ern Rivers System. See §62.51. flashing lights (frequency not exceed- (e) The guidelines for the display of ing 30 flashes per minute) will be used. numbers and letters on aids to naviga- (2) Preferred Channel Marks display a tion are identical for both Region A composite group flashing light rhythm and Region B; red aids to navigation (groups of two flashes followed by one display even numbers, and green aids flash). display odd numbers. (3) Safe Water Marks display a white Morse Code ‘‘A’’ rhythm (short-long [CGD 86–031, 52 FR 42640, Nov. 6, 1987, as flash). amended by CGD 88–018, 54 FR 48608, Nov. 24, (4) Isolated Danger Marks display a 1989] white group flashing two. (5) Special Marks display yellow § 62.45 Light characteristics. lights with fixed or slow flashing (a) Lights on aids to navigation are rhythm preferred. differentiated by color and rhythm. (6) Mooring Buoys and Information Lighthouses and range lights may dis- and Regulatory Marks display white play distinctive light characteristics to lights of various rhythms. facilitate recognition. No special sig- (7) For situations where lights re- nificance should be attached to the quire a distinct cautionary signifi- color or rhythm of such lights. Other cance, as at sharp turns, sudden chan- lighted aids to navigation employ light nel constrictions, wrecks, or obstruc- characteristics to convey additional in- tions, a quick flashing light rhythm (60 formation. flashes per minute) may be used. (b) When proceeding in the Conven- (e) Occasionally lights use sectors to tional Direction of Buoyage, aids to mark shoals or warn mariners of other navigation, if lighted, display light dangers. Lights so equipped show one characteristics as follows: color from most directions and a dif- (1) Green lights mark port (left) sides ferent color or colors over definite arcs of channels and locations of wrecks or of the horizon as indicated on the ap- obstructions which are to be passed by propriate nautical chart. These sectors keeping these lights on the port (left) provide approximate bearing informa- hand of a vessel. Green lights are also tion since the observer should note a
145
VerDate 28
change of color as the boundary be- blasts and silent periods each minute tween the sectors is crossed. As sector when operating. Buoy sound signals are bearings are not precise, they should be generally actuated by the motion of considered a warning only and not used the sea and therefore do not emit a reg- to determine exact bearing to the ular signal characteristic. light. (2) Where no live watch is main- (f) Aids to navigation may be fitted tained, sound signals are normally op- with light-reflecting material to in- erated continuously. However, some crease their visibility in darkness. are equipped with fog detectors which Green or red reflective material is used only on marks which, if lighted, would activate sound signals when visibility exhibit a light of that color. Yellow re- falls below a predetermined limit. flective material is used on special (b) Mariners should not rely solely on marks and on Intracoastal Waterway sound signals to determine their posi- marks. No significance is attached to tions for the following reasons: white reflective material. (1) Distance cannot be accurately de- termined by sound intensity. [CGD 86–031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 88–018, 54 FR 48608, Nov. 24, (2) Occasionally sound signals may 1989; CGD 97–018, 63 FR 33573, June 19, 1998] not be heard in areas close to their lo-
EFFECTIVE DATE NOTE: By CGD 97–018, 63 cation. FR 33573, June 19, 1998, § 62.45 was amended (3) Signals may not sound in cases by revising paragraph (d)(6), effective July where fog exists close to, but not at, 20, 1998. For the convenience of the user, the the location of the sound signal. superseded text is set forth as follows: (4) As buoy signals are generally acti- § 62.45 Light characteristics. vated by sea motion, they may produce no signals when seas are calm. * * * * * (5) As previously noted, buoy posi- (d) * * * tions are not always reliable. Therefore (6) Information and Regulatory Marks dis- their sound signals cannot be assumed play white lights of various rhythms. to be emanating from a fixed position.
* * * * * § 62.49 Intracoastal Waterway identi- fication. EDITORIAL NOTE: Amendatory instruction (a) In addition to the conventional no. 6 at 63 FR 33573, June 19, 1998, revising signals, aids to navigation marking the paragraph (d)(6) of § 62.45, incorrectly re- ferred to a nonexistent § 62.34 in the heading Intracoastal Waterway exhibit unique of the amendatory language. The heading yellow symbols to distinguish them should read: ‘‘§ 62.45 Light characteristics.’’ from aids marking other waters. (1) Yellow triangles indicate that § 62.47 Sound signals. aids to navigation so marked should be (a) Often sound signals are located on passed keeping them on the starboard or adjacent to aids to navigation. When (right) hand of a vessel, regardless of visual signals are obscured, sound sig- the aid’s number, color, or light color. nals warn mariners of the proximity of (2) Yellow squares indicate that aids danger. to navigation so marked should be (1) Sound signals are distinguished by passed keeping them on the port (left) their tone and phase characteristics. hand of a vessel, regardless of the aid’s (i) Tones are determined by the de- number, color, or light color. vices producing the sound (i.e., diaphones, diaphragm horns, reed (3) A horizontal yellow band provides horns, sirens, whistles, bells and no lateral information, but simply gongs). identifies aids to navigation as mark- (ii) Phase characteristics are defined ing the Intracoastal Waterway. by the signal’s sound pattern, i.e., the (b) The above guidelines apply for number of blasts and silent periods per vessels traversing the Intracoastal Wa- minute and their durations. Sound sig- terway in a southerly direction on the nals emanating from fixed structures Atlantic Coast, in a westerly direction generally produce a specific number of on the Okeechobee Waterway, or in a
146
VerDate 28
westerly direction along the Gulf (b) Racons are also used as bridge Coast. marks to mark the best point of pas- sage. [CGD 86–031, 52 FR 42640, Nov. 6, 1987; CGD 86– 031, 52 FR 46351, Dec. 5, 1987] § 62.54 Ownership identification. § 62.51 Western Rivers Marking Sys- Ownership identification on private tem. or state aids to navigation is permitted (a) A variation of the standard U.S. so long as it does not change or hinder aids to navigation system described an understanding of the meaning of the above is employed on the Mississippi aid to navigation. River and tributaries above Baton Rouge, LA and on certain other rivers [CGD 97–018, 63 FR 33573, June 19, 1998] which flow toward the Gulf of Mexico. EFFECTIVE DATE NOTE: By CGD 97–018, 63 (b) The Western Rivers System varies FR 33573, June 19, 1998, § 62.54 was added, ef- from the standard U.S. system as fol- fective July 20, 1998. lows: (1) Buoys are not numbered. Subpart C—Maritime (2) Numbers on beacons do not have Radiobeacons odd/even lateral significance but, rath- er, indicate mileage from a fixed point § 62.55 General. (normally the river mouth). Maritime radiobeacons operate dur- (3) Diamond-shaped non-lateral ing specific intervals as published in dayboards, checkered red-and-white or Coast Guard Light Lists. For station green-and-white, similar to those used identification, simple characteristics in the USATONS, as appropriate, are consisting of combinations of dots and used as crossing dayboards where the dashes are used. The characteristics of river channel crosses from one bank to marker-beacons are composed of series the other. of dashes for part of a 15 second cycle, (4) Lights on green buoys and on bea- which is followed by a silent period to cons with green daymarks show a sin- gle flash which may be green or white. complete the cycle. The transmitted (5) Lights on red buoys and on bea- power of maritime radiobeacons is ad- cons with red daymarks show a double justed to provide a useable signal at flash [Group Flashing (2)] which may the service range which meets the be red or white. operational requirement. Marker-bea- (6) Isolated danger marks are not cons are of low power for local use used. only. Coast Guard maritime radiobeacons operate within the fre- [CGD 86–031, 52 FR 42640, Nov. 6, 1987, as quency band 275–335 kilohertz. amended by CGD–94–091, 61 FR 27782, June 3, 1996] § 62.57 Carrier type operation. § 62.53 Racons. Radiobeacons superimpose the char- (a) Aids to navigation may be en- acteristic code on a carrier frequency hanced by the use of radar beacons which is on continuously during the pe- (racons). Racons, when triggered by a riod of transmission.This extends the radar signal, will transmit a coded usefulness of maritime radiobeacons to reply to the interrogating radar. This aircraft and ships employing automatic reply serves to identify the aid station direction finders. by exhibiting a series of dots and § 62.59 Calibration service. dashes which appear on the radar dis- play in a line emanating radially from Special calibration radiobeacons, as just beyond the echo of the aid station. listed in the current editions of the Although racons may be used on both Coast Guard Light Lists, will broadcast laterally significant and non-laterally continuously for the purpose of ena- significant aids alike, the racon signal bling vessels to calibrate their direc- itself is for identification purposes tion finders upon request either to the only, and therefore carries no lateral cognizant District Commander, or, if significance. time does not permit, directly to the
147
VerDate 28
calibration station. Signals for re- (3) A chartlet or sketch describing questing calibration service are de- the actual or proposed location of the scribed in the current editions of the aid(s), and a description of the action Coast Guard Light Lists. In the case of requested or recommended. sequenced radiobeacon stations, con- tinuous transmission for calibration § 62.65 Procedure for reporting defects purposes cannot be made without in- and discrepancies. terference resulting with other sta- (a) Mariners should notify the near- tions in the same frequency group. est Coast Guard facility immediately of any observed aids to navigation de- § 62.61 Caution. fects or discrepancies. (a) A vessel steering a course for a (b) The Coast Guard cannot monitor radiobeacon should observe the same the many thousands of aids in the U.S. precautions that apply when steering Aids to Navigation System simulta- for a light or any other mark. neously and continuously. As a result, (b) Distance cannot be accurately de- it is not possible to maintain every aid operating properly and on its charted termined by radiobeacon signal. Mari- position at all times. Marine safety ners must exercise extreme caution will be enhanced if persons finding aids when the aid to navigation which sup- missing, sunk, capsized, damaged, off ports the radiobeacon is not visible, station, or showing characteristics and no other means of determining its other than those advertised in the distance is available. Light List, or other publication, (c) If the radiobeacon is aboard a promptly inform the Coast Guard. Large Navigational Buoy (LNB) or on When making the report to the Coast any marine site, particular care should Guard the mariner should consult the be exercised to avoid the possibility of Light List to ensure the correct geo- collision. In addition, caution should graphical information is used due to be exercised in using radiobeacons the similarity of names and geographi- aboard floating aids, because of the cal areas. possibility that the aid could be off sta- (c) Procedures for reporting defects tion. and discrepancies: (1) Radio messages should be prefixed Subpart D—Public Participation in ‘‘Coast Guard’’ and transmitted di- the Aids to Navigation System rectly to a Government shore radio station listed in Chapter five, Section § 62.63 Recommendations. 500D of Radio Navigational Aids Publi- (a) The public may recommend cation, 117A and 117B, for relay to the changes to existing aids to navigation, relevant District Commander. request new aids or the discontinuation (2) Radio-telegraph communication of existing aids, and report aids no may be established by using the gen- longer necessary for maritime safety. eral call ‘‘NCG’’ on the 500 kilohertz These recommendations should be sent frequency. to the appropriate District Com- (3) Commercial communications facili- mander. ties should be used only when vessels are unable to contact a Government (b) Recommendations, requests and shore radio station. Charges for these reports should be documented with as messages will be accepted ‘‘collect’’ by much information as possible to justify the Coast Guard. the proposed action. Desirable informa- tion includes: (1) Nature of the vessels which tran- PART 64—MARKING OF STRUC- sit the area(s) in the question, includ- TURES, SUNKEN VESSELS AND ing type, displacement, draft, and num- OTHER OBSTRUCTIONS ber of passengers and crew. (2) Where practicable, the kinds of Subpart A—General navigating devices used aboard such Sec. vessels (e.g, magnetic or gyro com- 64.01 Purpose. passes, radio direction finders, radar, 64.03 Scope. loran, and searchlights). 64.06 Definition of terms.
148
VerDate 28
Subpart B—Sunken Vessels and Other (3) Vessels subject to the Inter- Obstructions national Regulations for preventing Collisions at Sea, 1972 (1972 COLREGS) 64.11 Marking and notification require- or the Inland Navigation Rules; ments. (4) Deepwater port facilities subject 64.13 Approval of markings. 64.16 Duration of marking on sunken ves- to subchapter NN of this chapter; and sels in navigable waters. (5) Artificial islands and structures subject to Part 67 of this subchapter. Subpart C—Structures § 64.06 Definition of terms. 64.21 Marking and notification require- As used in this part: ments. Hazard to navigation means an ob- 64.23 Duration of marking on structures. struction, usually sunken, that pre- Subpart D—Miscellaneous Provisions sents sufficient danger to navigation so as to require expeditious, affirmative 64.31 Determination of hazard to naviga- action such as marking, removal, or re- tion. definition of a designated waterway to 64.33 Marking by the Coast Guard. provide for navigational safety. AUTHORITY: 14 U.S.C. 633; 33 U.S.C. 409, 1231; Markings means the lights and other 42 U.S.C. 9118; 43 U.S.C. 1333; 49 CFR 1.46. signals placed on or near structures, sunken vessels, and other obstructions SOURCE: CGD 78–156, 48 FR 11267, Mar. 17, 1983, unless otherwise noted. for the protection of navigation. Obstruction means anything that re- stricts, endangers, or interferes with Subpart A—General navigation. Structures means any fixed or floating SOURCE: CGD 78–156, 48 FR 11267, Mar. 17, obstruction, intentionally placed in the 1983, unless otherwise noted. Redesignated water, which may interfere with or re- by CGD 91–031, 57 FR 43402, Sept. 21, 1992. strict marine navigation. § 64.01 Purpose. [CGD 78–156, 48 FR 11267, Mar. 17, 1983. Redes- ignated and amended by CGD 91–031, 57 FR This part prescribes rules relating to 43402, Sept. 21, 1992] the marking of structures, sunken ves- sels and other obstructions for the pro- Subpart B—Sunken Vessels and tection of maritime navigation. Other Obstructions § 64.03 Scope. (a) Except as provided in paragraph SOURCE: CGD 78–156, 48 FR 11267, Mar. 17, 1983, unless otherwise noted. Redesignated (b) of this section these rules apply to: by CGD 91–031, 57 FR 43402, Sept. 21, 1992. (1) Structures located in or over wa- ters subject to the jurisdiction of the § 64.11 Marking and notification re- United States and, on the high seas, quirements. structures owned or operated by per- (a) The owner of a vessel, raft, or sons subject to the jurisdiction of the other craft wrecked and sunk in a navi- United States; gable channel shall mark it imme- (2) Sunken vessels in the navigable diately with a buoy or daymark during waters or waters above the continental the day and with a light at night. The shelf of the United States; and owner of a sunken vessel, raft, or other (3) Other obstructions existing on or obstruction that otherwise constitutes in the navigable waters or waters a hazard to navigation shall mark it in above the continental shelf of the accordance with this subchapter. United States. (b) Owners of vessels sunk in waters (b) The following obstructions are ex- subject to the jurisdiction of the empt from the requirements of this United States or sunk on the high seas, part: if the owner is subject to the jurisdic- (1) Dredging pipelines subject to Sub- tion of the United States, shall chapter D of this chapter; promptly report to the District Com- (2) Bridges subject to Subchapter J of mander, in whose jurisdiction the ob- this chapter; struction is located, the action they
149
VerDate 28
are taking to mark the sunken vessel, U.S. Army, within whose district the sunken giving the following information (in vessel or other obstruction is located. addition to the information required by 46 CFR 4.05, Notice of Marine Casualty and Voyage Records): Subpart C—Structures (1) Name and description of the sunk- en vessel; SOURCE: CGD 78–156, 48 FR 11267, Mar. 17, (2) Accurate description of the loca- 1983, unless otherwise noted. Redesignated tion of the vessel; by CGD 91–031, 57 FR 43402, Sept. 21, 1992. (3) Depth of water over the vessel; § 64.21 Marking and notification re- and quirements. (4) Location and type of marking es- tablished, including color and shape of Before establishing a structure, the buoy or other daymark and char- owner or operator shall apply for Coast acteristic of the light. Guard authorization to mark the struc- (c) Owners of other obstructions may ture in accordance with § 66.01–5 of this report the existence of such obstruc- chapter. The appropriate District Com- tions and mark them in the same man- mander will determine the marking re- ner as prescribed for sunken vessels. quirements. (d) Owners of marine pipelines that are determined to be hazards to naviga- § 64.23 Duration of marking on struc- tures. tion shall report and mark the hazard- ous portion of those pipelines in ac- Markings determined to be required cordance with 49 CFR parts 192 or 195, shall be established and maintained as applicable. until: (a) The structure is removed; or NOTE: Outer Continental Shelf (OCS) les- (b) Otherwise directed by the District sees are subject to additional notification re- quirements provided in OCS Order No.1, Commander. paragraph 4 (44 FR 76216, December 21, 1979), issued by U.S. Geological Survey. Subpart D—Miscellaneous Provisions [CGD 78–156, 48 FR 11267, Mar. 17, 1983. Redes- ignated and amended by CGD 91–031, 57 FR 43402, Sept. 21, 1992; USCG–1998–3799, 63 FR SOURCE: CGD 78–156, 48 FR 11267, Mar. 17, 35526, June 30, 1998] 1983, unless otherwise noted. Redesignated by CGD 91–031, 57 FR 43402, Sept. 21, 1992. § 64.13 Approval of markings. § 64.31 Determination of hazard to (a) All markings of sunken vessels navigation. and other obstructions established in accordance with § 64.10–1 must be re- In determining whether an obstruc- ported to and approved by the appro- tion is a hazard to navigation for the priate District Commander. purposes of marking, the District Com- (b) Should the District Commander mander considers, but is not limited to, determine that these markings are in- the following factors: consistent with Part 62 of this sub- (a) Location of the obstruction in re- chapter, they must be replaced as soon lation to the navigable channel and as practicable with approved markings. other navigational traffic patterns; (b) Navigational difficulty in the vi- § 64.16 Duration of marking on sunken cinity of the obstruction; vessels in navigable waters. (c) Depth of water over the obstruc- Markings shall be maintained until: tion, fluctuation of the water level, and (a) The sunken vessel or other ob- other hydrologic characteristics in the struction is removed; or area; (b) The right of the owner to abandon (d) Draft, type, and density of vessel is legally established and exercised. traffic or other marine activity in the vicinity of the obstruction; NOTE: Notices of abandonment of sunken vessels or other obstructions will not be ac- (e) Physical characteristics of the ob- cepted by the Coast Guard. Any notice of in- struction; tention to abandon should be addressed to (f) Possible movement of the obstruc- the District Engineer, Corps of Engineers, tion;
150
VerDate 28
(g) Location of the obstruction in re- 66.01–30 Corps of Engineers’ approval. lation to other obstructions or aids to 66.01–40 Exemptions. navigation; 66.01–45 Penalties. 66.01–50 Protection of private aids to navi- (h) Prevailing and historical weather gation. conditions; 66.01–55 Transfer of ownership. (i) Length of time that the obstruc- tion has been in existence; Subpart 66.05—State Aids to Navigation (j) History of vessel incidents involv- ing the obstruction; and 66.05–1 Purpose. 66.05–5 Definitions. (k) Whether the obstruction is de- 66.05–10 State waters for private aids to fined as a hazard to navigation under navigation; designations; revisions, and other statutes or regulations. revocations. 66.05–20 Coast Guard-State agreements. [CGD 91–031, 57 FR 43403, Sept. 21, 1992] 66.05–25 Change and modification of State aids to navigation. § 64.33 Marking by the Coast Guard. 66.05–30 Notice to Mariners. (a) The District Commander may 66.05–35 Private aids to navigation other mark for the protection of maritime than State owned. navigation any structure, sunken ves- 66.05–40 Corps of Engineers’ approval. 66.05–100 Designation of navigable waters as sel or other obstruction that is not State waters for private aids to naviga- suitably marked by the owner. Mark- tion. ings established by the Coast Guard do not relieve the owner’s duty or respon- Subpart 66.10—Uniform State Waterway sibility to mark the sunken vessel or Marking System other obstruction, or to remove it as 66.10–1 General. required by law. 66.10–5 Regulatory markers. (b) Costs for markings established by 66.10–10 Geometric shapes and wording on the Coast Guard will be determined in regulatory markers. accordance with part 74 of this Chap- 66.10–15 Aids to navigation. ter. 66.10–20 Size, shape, material and construc- (c) Costs for marking of a sunken tion of markers. vessel or other obstruction shall be 66.10–25 Numbers, letters or words on mark- charged to the owner and shall con- ers. 66.10–30 Reflectors or retroreflective mate- tinue until: rials. (1) The vessel or other obstruction is 66.10–35 Navigation lights. removed; 66.10–40 Ownership identification. (2) The right of the owner to abandon 66.10–45 Mooring (anchor) buoys. is legally established and has been ex- AUTHORITY: 14 U.S.C. 83, 85; 43 U.S.C. 1333; ercised; or 49 CFR 1.46. (3) The District Commander directs otherwise. Subpart 66.01—Aids to Navigation NOTE: When the needs of navigation per- mit, the owner may be given reasonable op- Other Than Federal or State portunity to establish and maintain the nec- essary markings. SOURCE: CGFR 68–152, 33 FR 19816, Dec. 27, 1968, unless otherwise noted.
PART 66—PRIVATE AIDS TO § 66.01–1 Basic provisions. NAVIGATION (a) No person, public body or instru- Subpart 66.01—Aids to Navigation Other mentality not under the control of the Than Federal or State Commandant, exclusive of the Armed Forces, shall establish and maintain, Sec. discontinue, change or transfer owner- 66.01–1 Basic provisions. ship of any aid to maritime navigation, 66.01–3 Delegation of authority to District without first obtaining permission to Commanders. do so from the Commandant. 66.01–5 Application procedure. 66.01–10 Characteristics. (b) For the purposes of this subpart, 66.01–15 Action by Coast Guard. the term private aids to navigation in- 66.01–20 Inspection. cludes all marine aids to navigation 66.01–25 Discontinuance and removal. operated in the navigable waters of the
151
VerDate 28
United States other than those oper- (a) The proposed position of the aid ated by the Federal Government (part to navigation by two or more hori- 62 of this subchapter) or those operated zontal angles, or bearings and distance in State waters for private aids to from charted landmarks. A section of navigation (subpart 66.05). chart or sketch showing the proposed (c) Coast Guard authorization of a location of the aid to navigation shall private aid to navigation does not au- be included. thorize any invasion of private rights, (b) The name and address of the per- nor grant any exclusive privileges, nor son at whose expense the aid will be does it obviate the necessity of com- maintained. plying with any other Federal, State or (c) The name and address of the per- local laws or regulations. son who will maintain the aid to navi- (d) With the exception of radar bea- gation. cons (racons) and shore based radar (d) The time and dates during which stations, operation of electronic aids to it is proposed to operate the aid. navigation as private aids will not be (e) The necessity for the aid. authorized. (f) For lights: The color, characteris- tic, height above water, and descrip- [CGFR 68–152, 33 FR 19816, Dec. 27, 1968, as tion of illuminating apparatus. amended by CGD 85–057, 51 FR 11448, Apr. 3, (g) For fog signals: Type (whistle, 1986] horn, bell, etc.) and characteristic. (h) For buoys or daybeacons: Shape, § 66.01–3 Delegation of authority to color, number, or letter, depth of water District Commanders. in which located or height above water. (a) Pursuant to the authority in 49 (i) For racons: Manufacturer and CFR 1.45(b), the Commandant delegates model number of racon, height above to the District Commanders within the water of desired installation, and re- confines of their respective districts quested coding characteristic. Equip- (see Part 3 of this chapter for descrip- ment must have FCC authorization. tions) the authority to grant permis- sion to establish and maintain, dis- [CGFR 68–152, 33 FR 19816, Dec. 27, 1968, as amended by CGD 85–057, 51 FR 11448, Apr. 3, continue, change or transfer ownership 1986] of private aids to maritime navigation, and otherwise administer the require- § 66.01–10 Characteristics. ments of this subpart. (a) The characteristics of a private (b) The decisions of the District Com- aid to navigation shall conform to the mander may be appealed within 30 days United States Aids to Navigation Sys- from the date of decision. The decision tem described in Subpart B of Part 62 of the Commandant in any case is of this subchapter, except that only final. tungsten-incandescent light sources [CGFR 68–152, 33 FR 19816, Dec. 27, 1968, as will be approved for electric lights. amended by USCG–1998–3799, 63 FR 35526, (b) Owners of previously authorized, June 30, 1998] but nonconforming, private aids to navigation must bring such aids to § 66.01–5 Application procedure. navigation into conformance with the Application to establish and main- U.S. Aids to Navigation System not tain, discontinue, change, or transfer later than December 31, 1994. ownership of a private aid to naviga- [CGD 86–031, 52 FR 42645, Nov. 6, 1987, as tion shall be made to the Commander amended by CGD 93–047, 58 FR 64153, Dec. 6, of the Coast Guard District in which 1993] the private aid to navigation is or will EFFECTIVE DATE NOTE: By CGD 97–018, 63 be located. Application forms (CG–2554) FR 33573, June 19, 1998, § 66.01–10 was amend- will be provided upon request. The ap- ed by removing paragraph (b) and removing plicant shall complete all parts of the the paragraph designation (a), effective July form applicable to the aid to naviga- 20, 1998. tion concerned, and shall forward the application in triplicate to the District § 66.01–15 Action by Coast Guard. Commander. The following information (a) The District Commander receiv- is required: ing the application will review it for
152
VerDate 11
completeness and will assign the aid § 66.01–30 Corps of Engineers’ ap- one of the following classifications: proval. Class I: Aids to navigation on marine (a) Before any private aid to naviga- structures or other works which the tion consisting of a fixed structure is owners are legally obligated to estab- placed in the navigable waters of the lish, maintain and operate as pre- United States, authorization to erect scribed by the Coast Guard. such structure shall first be obtained Class II: Aids to navigation exclusive from the District Engineer, U.S. Army of Class I located in waters used by Corps of Engineers in whose district general navigation. the aid will be located. Class III: Aids to navigation exclu- (b) The application to establish any sive of Class I located in waters not or- private aid to navigation consisting of dinarily used by general navigation. a fixed structure shall show evidence of (b) Upon approval by the District the required permit having been issued Commander, a signed copy of the appli- by the Corps of Engineers. cation will be returned to the appli- cant. Approval for the operation of § 66.01–40 Exemptions. radar beacons (racons) will be effective (a) Nothing in the preceding sections for an initial two year period, then sub- of this subpart shall be construed to ject to annual review without further interfere with or nullify the require- submission required of the owner. ments of existing laws and regulations [CGFR 68–152, 33 FR 19816, Dec. 27, 1968, as pertaining to the marking of struc- amended by CGD 85–057, 51 FR 11448, Apr. 3, tures, vessels and other obstructions 1986] sunken in waters subject to the juris- diction of the United States (Part 64 of § 66.01–20 Inspection. this subchapter), the marking of artifi- All classes of private aids to naviga- cial islands and structures which are tion shall be maintained in proper op- erected on or over the seabed and sub- erating condition. They are subject to soil of the Outer Continental Shelf inspection by the Coast Guard at any (Part 67 of this subchapter), or the time and without prior notice. lighting of bridges over navigable wa- ters of the United States (Subchapter J § 66.01–25 Discontinuance and re- of this subchapter). moval. (b) Persons marking bridges pursuant (a) No person, public body or instru- to Subchapter J of this title are ex- mentality shall change, move or dis- empted from the provisions of § 66.01–5. continue any authorized private aid to [CGD 78–156, 48 FR 11268, Mar. 17, 1983] navigation required by statute or regu- lation (Class I, § 66.01–15) without first § 66.01–45 Penalties. obtaining permission to do so from the Any person, public body or instru- District Commander. mentality, excluding the armed forces, (b) Any authorized private aid to who shall establish, erect or maintain navigation not required by statute or any aid to maritime navigation with- regulation (Classes II and III, § 66.01–15) out first obtaining authority to do so may be discontinued and removed by from the Coast Guard, with the excep- the owner after 30 days’ notice to the tion of those established in accordance District Commander to whom the with § 64.10 of this chapter, or who shall original request for authorization for violate the regulations relative thereto establishment of the aid was submit- issued in this part, is subject to the ted. provisions of 14 U.S.C. 83. (c) Private aids to navigation which have been authorized pursuant to this [CGD 78–156, 48 FR 11268, Mar. 17, 1983] part shall be discontinued and removed without expense to the United States § 66.01–50 Protection of private aids to by the person, public body or instru- navigation. mentality establishing or maintaining Private aids to navigation lawfully such aids when so directed by the Dis- maintained under these regulations are trict Commander. entitled to the same protection against
153
VerDate 28
interference or obstruction as is af- state or local governments, or private forded by law to Coast Guard aids to parties. With the exception on the pro- navigation (Part 70 of this subchapter). visions of subpart 66.10, which are valid If interference or obstruction occurs, a until December 31, 2003, aids to naviga- prompt report containing all the evi- tion must be in accordance with the dence available should be made to the United States Aids to Navigation Sys- Commander of the Coast Guard Dis- tem in part 62 of this subchapter. trict in which the aids are located. [CGD 97–018, 63 FR 33573, June 19, 1998]
§ 66.01–55 Transfer of ownership. EFFECTIVE DATE NOTE: By CGD 97–018, 63 (a) When any private aid to naviga- FR 33573, June 19, 1998, § 66.05–1 was revised, tion authorized by the District Com- effective July 20, 1998. For the convenience of the user, the superseded text is set forth as mander, or the essential real estate or follows: facility with which the aid is associ- ated, is sold or transferred, both par- § 66.05–1 Purpose. ties to the transaction shall submit ap- (a) The purpose of the regulations in this plication (§ 66.01–5) to the Commander subpart and subpart 66.10 of this part is to of the Coast Guard District in which prescribe the conditions under which State the aid is located requesting authority governments may regulate aids to marine to transfer responsibility for mainte- navigation, including regulatory markers, owned by State or local governments or pri- nance of the aid. vate parties, in navigable waters of the (b) The party relinquishing respon- United States not marked with aids by the sibility for maintenance of the private Federal Government; and to prescribe a uni- aid to navigation shall indicate on the form system of marine aids to navigation application form (CG–2554) both the compatible with the United States Aids to discontinuance and the change of own- Navigation System described in Part 62 of ership of the aid sold or transferred. this subchapter. (c) The party accepting responsibility [CGD 86–031, 52 FR 42645, Nov. 6, 1987] for maintenance of the private aid to navigation shall indicate on the appli- § 66.05–5 Definitions. cation form (CG–2554) both the estab- (a) The term State waters for private lishment and the change of ownership aids to navigation means those navi- of the aid sold or transferred. gable waters of the United States (d) In the event the new owner of the which the Commandant, upon request essential real estate or facility with of a State Administrator, has des- which the aid is associated refuses to ignated as waters within which a State accept responsibility for maintenance government may regulate the estab- of the aid, the former owner shall be lishment, operation, and maintenance required to remove the aid without ex- of marine aids to navigation, including pense to the United States. This re- regulatory markers. The Commandant quirement shall not apply in the case will entertain requests to make such of any authorized private aid to navi- designations with respect to navigable gation required by statute or regula- waters of the United States not tion (Class I, § 66.01–15) which shall be marked by the Federal government. maintained by the new owner until the These designations when approved will conditions which made the aid nec- be set forth in separate sections by essary have been eliminated. States in this subpart and will briefly describe or identify waters so des- Subpart 66.05—State Aids to ignated. Navigation (b) The term Uniform State Water- way Marking System (USWMS) means SOURCE: CGFR 66–32, 31 FR 10320, July 30, the system of private aids to naviga- 1966, unless otherwise noted. tion which may be operated in State waters. Subpart 66.10, which describes § 66.05–1 Purpose. the USWMS, expires on December 31, The purpose of the regulations in this 2003. subpart is to prescribe the conditions (c) The term State Administrator under which state governments may means the official of a State having regulate aids to navigation owned by power under the law of the State to
154
VerDate 28
regulate, establish, operate or main- ture and extent of the State aids to tain maritime aids to navigation on navigation which the Administrator waters over which the State has juris- plans to establish in the waterway. diction. (c) The District Commander shall re- (d) The term State aids to navigation view the request and consult with the means all private marine aids to navi- State Administrator concerning the gation operated in State waters for pri- terms of an initial agreement to be en- vate aids to navigation, whether owned tered into under provisions of § 66.05–20. by a State, political subdivisions there- When they have arrived at terms of an of or by individuals, corporations, or agreement satisfactory to both, the organizations. District Commander shall forward the (e) The term regulate State maritime request to the Commandant with his aids to navigation means to control the recommendations and the terms of establishment, disestablishment, oper- agreement mutually settled upon. If ation and maintenance of State aids to they cannot reach such agreement, the navigation. District Commander shall forward the [CGFR 66–32, 31 FR 10320, July 30, 1966, as request with his recommendations and amended by CGD 97–018, 63 FR 33573, June 19, a statement of the points agreed upon 1998] and the points remaining at issue. (d) Upon receipt of the request, the EFFECTIVE DATE NOTE: By CGD 97–018, 63 FR 33573, June 19, 1998, § 66.05–5, was amended Commandant will determine whether by revising the section heading and para- or not approval of the request is in the graph (b), effective July 20, 1998. For the con- public interest and will inform the venience of the user, the superseded text is State Administrator and the District set forth as follows: Commander of the Coast Guard’s deci- § 66.05–5 Definition of terms used in this sion. If the request is approved, the subpart and Subpart 66.10. designation by the Commandant of the waters in question as State waters for * * * * * private aids to navigation will be also defined and described in this subpart. (b) The term Uniform State Waterway Mark- (e) The Commandant may, upon his ing System (USWMS) means the system of own initiative or upon request, revoke private aids to navigation, including regu- latory markers, which may be operated in or revise any designations of State wa- State waters for private aids to navigation. ters for private aids to navigation pre- Subpart 66.10 of this part describes the Uni- viously made by him. Written notice form State Waterway Marking System. shall be given the State Administrator of the action contemplated by the * * * * * Commandant. The State Administrator will be afforded a period of not less § 66.05–10 State waters for private aids than 30 days from the date of the no- to navigation; designations; revi- tice in which to inform the Com- sions, and revocations. mandant of the State’s views in the (a) A State Administrator who de- matter before final action is completed sires to regulate State maritime aids to revoke or revise such designation. to navigation in the navigable waters of the United States not marked by the § 66.05–20 Coast Guard-State agree- Federal Government, shall request the ments. Commandant to designate the specific (a) The District Commander in whose bodies of water involved as State wa- District a waterway is located may ters for private aids to navigation. enter into agreements with State Ad- (b) The request shall be forwarded to ministrators permitting a State to reg- the District Commander in whose dis- ulate aids to navigation, including reg- trict the bodies of water are located. ulatory markers, in State waters for The request shall give the name and private aids to navigation, as, in the description of the waterway; the extent opinion of the District Commander, the of use being made of the waterway for State is able to do in a manner to im- marine navigation, in general terms; prove the safety of navigation. When a an appropriate chart or sketch of the waterway is located within the area of area; and a general outline of the na- jurisdiction of more than one Coast
155
VerDate 28
Guard District, the District Com- and any other similar standards so as mander in whose District the State to enable Coast Guard inspectors to de- capital is located shall execute the termine compliance with Statewide agreement in behalf of the Coast standards. Guard. All such agreements shall re- serve to the District Commander the [CGD 86–031, 52 FR 42645, Nov. 6, 1987, as amended by CGD 97–018, 63 FR 33573, June 19, right to inspect the State aids to navi- 1998] gation without prior notice to the State. They shall stipulate that State EFFECTIVE DATE NOTE: By CGD 97–018, 63 aids to navigation will conform to the FR 33573, June 19, 1998, § 66.05–20 was amend- Uniform State Waterway marking Sys- ed in paragraph (c)(3) by adding to the begin- ning of the paragraph the words ‘‘If prior to tem or to the U.S. Aids to Navigation December 31, 2003,’’ and by uncapitalizing System and that the State Adminis- the word ‘‘Specification’’, effective July 20, trator will modify or remove State aids 1998. to navigation without expense to the United States when so directed by the § 66.05–25 Change and modification of District Commander, subject to the State aids to navigation. right of appeal on the part of the State (a) Wherever a State Administrator Administrator to the Commandant. shall determine the need for change in (b) A Coast Guard-State agreement State aids to navigation, he shall in- shall become effective when both par- form the District Commander of the ties have signed the agreements. In nature and extent of the changes as lieu of the procedure prescribed in soon as possible, preferably not less § 66.01–5, the agreement shall constitute than 30 days in advance of making the blanket approval by the Commandant, changes. of the State aids to navigation, includ- ing regulatory markers, established or § 66.05–30 Notice to Mariners. to be established in State waters for private aids to navigation designated (a) The District Commander may or to be designated by the Com- publish information concerning State mandant. aids to navigation, including regu- (c) In addition to the matters set latory markers, in the Coast Guard forth in paragraph (a) of this section, Local Notices to Mariners as he deems Coast Guard-State agreements shall necessary in the interest of public safe- cover the following points, together ty. with such other matters as the parties (b) Notices to Mariners which con- find it desirable to include: cern the establishment, disestablish- (1) A description, in sufficient detail ment, or change of State aids to navi- for publication in Notices to Mariners, gation, including regulatory markers, of all aids to navigations under State may be published whenever the aids to jurisdiction in navigable waters of the navigation concerned are covered by United States in existence prior to the navigational charts or maps issued by effective date of the agreement which the U.S. Coast and Geodetic Survey, have not been previously approved the U.S. Army Corps of Engineers, or under procedures of § 66.01–5. the U.S. Lake Survey, Corps of Engi- (2) Procedures for use by the State neers. administrator to notify the District Commander of changes made in State § 66.05–35 Private aids to navigation aids to navigation, as required by other than State owned. § 66.05–25. (a) No person, public body or other (3) If prior to December 21, 2003, spec- instrumentality not under control of ification of the marking system to be the Commandant or the State Adminis- used, whether the U.S. Aids to Naviga- trator, exclusive of the Armed Forces tion System or the Uniform State Wa- of the United States, shall establish, terway Marking System. erect or maintain in State waters for (4) Specification of standards as to private aids to navigation any aid to minimum size and shape of markers, navigation without first obtaining per- the use of identifying letters, the use of mission to do so from the State Admin- reflectors or retroreflective materials, istrator. Discontinuance of any State
156
VerDate 28
aids to navigation may be effected by bridge near Townsend and Great Falls order of the State Administrator. including the following impoundments: (1) Black Eagle Dam Reservoir. § 66.05–40 Corps of Engineers’ ap- (2) Canyon Ferry Reservoir. proval. (3) Hauser Lake. (a) In each instance where a regu- (4) Holter Lake. latory marker is to be established in (5) Rainbow Dam Reservoir. navigable waters of the United States (f) North Carolina. Each navigable which have been designated by the water within the State not marked Commandant as State waters for pri- with Coast Guard aids to navigation on vate aids to navigation, the State Ad- June 1, 1973. ministrator is responsible for obtaining (g) Pennsylvania. The portion of prior permission from the District En- Youghiogheny River Reservoir within gineer, U.S. Army Corps of Engineers the State. concerned, authorizing the State to (g–1) South Carolina. (1) The portion regulate the water area involved, or a of Lake Wylie within the State; (2) statement that there is no objection to Lake Marion; (3) Lake Moultrie; and (4) the proposed regulation of the water Lake Murray. area. A copy of the Corps of Engineers (h) Texas. The portion of Toledo Bend permit or letter of authority shall be Reservoir within the State. provided by the Administrator to the (i) Virginia. (1) Claytor Lake, on the District Commander upon request. New River in Pulaski County. (b) Similarly, where an aid to naviga- (2) Leesville Lake, on the Roanoke tion is to be placed on a fixed structure River below Smith Mountain Dam. or a mooring buoy is to be established (3) The portions of the following res- in State waters for private aids to ervoirs within the State: navigation, the State Administrator (i) Gaston. shall assure that prior permission or a (ii) Holston. statement of no objection to the struc- (iii) John H. Kerr. tures or mooring buoys proposed is ob- (iv) Philpott. tained from the District Engineer con- (j) Wisconsin. Navigable waters with- cerned. A copy of the permit or letter in the State not marked with Coast is not required by the District Com- Guard aids to navigation on November mander. 17, 1969. § 66.05–100 Designation of navigable [CGD 72–154R, 38 FR 33473, Dec. 5, 1973, as waters as State waters for private amended by CGD 76–015, 41 FR 12879, Mar. 29, aids to navigation. 1976; CGD 80–132, 46 FR 27643, May 21, 1981] In accordance with the procedures contained in § 66.05–10(d), the following Subpart 66.10—Uniform State navigable waters listed by the State in Waterway Marking System which they are located, are designated as State waters for private aids to SOURCE: CGFR 66–32, 31 FR 10321, July 30, navigation: 1966, unless otherwise noted. (a) Alabama. Each water within the State not marked with Coast Guard § 66.10–1 General. aids to navigation on March 26, 1971. (a) Until December 31, 2003, the Uni- (b) Arizona. The portion of Lake form State Waterway Marking Sys- Havasu within the State, except that tem’s (USWMS) aids to navigation pro- portion within Havasu Lake National visions for marking channels and ob- Wildlife Refuge. structions may be used in those navi- (c) Louisiana. The portion of Toledo gable waters of the U.S. that have been Bend Reservoir within the State. designated as state waters for private (d) Missouri. Teach water within the aids to navigation and in those inter- State except the: nal waters that are non-navigable wa- (1) Mississippi River; and ters of the U.S. All other provisions for (2) Missouri River. the use of regulatory markers and (e) Montana. The portion of Missouri other aids to navigation shall be in ac- River between the U.S. Highway 287 cordance with United States Aid to
157
VerDate 28
Navigation System, described in part ange. The authorized geometric shapes 62 of this subchapter. and meanings associated with them are (b) The USATONS may be used in all as follows: U.S. waters under state jurisdiction, (1) A vertical open faced diamond including non-navigable state waters. shape to mean danger. [CGD 97–018, 63 FR 33574, June 19, 1998] (2) A vertical open faced diamond shape having a cross centered in the di- EFFECTIVE DATE NOTE: By CGD 97–018, 63 amond to mean that a vessel is ex- FR 33574, June 19, 1998, § 66.10–1 was revised, effective July 20, 1998. For the convenience of cluded from the marked area. the user, the superseded text is set forth as (3) A circular shape to mean that a follows: vessel operated in the marked area is subject to certain operating restric- § 66.10–1 General. tions. (a) The Uniform State Waterway Marking (4) A square or rectangular shape System (USWMS) was developed to convey to the small vessel operator, in particular, with directions or information lettered adequate guidance to indicate safe boating on the inside. channels by indicating the presence of either (d) Where a regulatory marker con- natural or artificial obstructions or hazards, sists of a square or rectangular shaped marking restricted or controlled areas, and sign displayed from a structure, the providing directions. The USWMS may be sign shall be white, with an inter- used in those navigable waters of the U.S. national orange border. When a dia- which have been designated as State waters mond or circular geometric shape asso- for private aids to navigation and in those internal waters which are not navigable wa- ciated with meaning of the marker is ters of the U.S. included it shall be centered on the (b) The U.S. Aids to Navigation System, signboard. described in Part 62 of this Subchapter, may EFFECTIVE DATE NOTE: By CGD 97–018, 63 be used in all U.S. waters, including those FR 33574, June 19, 1998, § 66.10–5 was removed, waters under State jurisdiction. (c) The USWMS consists of: effective July 20, 1998. (1) A system of regulatory markers to indi- cate to a vessel operator the existence of § 66.10–10 Geometric shapes and word- dangerous areas as well as those which are ing on regulatory markers. restricted or controlled, such as speed zones (a) The geometric shape displayed on and areas dedicated to a particular use, or to a regulatory marker is intended to con- provide general information and directions; vey specific meaning to a vessel wheth- (2) A system of aids to navigation to mark channels and obstructions; and er or not it should stay well clear of (3) A distinctive color scheme for mooring the marker or may safely approach the buoys. marker in order to read any wording on the marker. [CGD 86–031, 52 FR 42645, Nov. 6, 1987] EFFECTIVE DATE NOTE: By CGD 97–018, 63 § 66.10–5 Regulatory markers. FR 33574, June 19, 1998, § 66.10–10 was re- (a) Each regulatory marker shall be moved, effective July 20, 1998. colored white with international or- ange geometric shapes. § 66.10–15 Aids to navigation. (b) When a buoy is used as a regu- (a) USWMS aids to navigation may latory marker it shall be white with have lateral or cardinal meaning. horizontal bands of international or- (b) On a well defined channel includ- ange placed completely around the ing a river or other relatively narrow buoy circumference. One band shall be natural or improved waterway, an aid at the top of the buoy body, with a sec- to navigation shall normally be a solid ond band placed just above the water- colored buoy. A buoy which marks the line of the buoy so that both inter- left side of the channel viewed looking national orange bands are clearly visi- upstream or toward the head of naviga- ble to approaching vessels. The area of tion shall be colored all black. A buoy buoy body visible between the two which marks the right side of the chan- bands shall be white. nel viewed looking upstream or toward (c) Geometric shapes shall be placed the head of a navigation shall be col- on the white portion of the buoy body ored all red. On a well defined channel, and shall be colored international or- solid colored buoys shall be established
158
VerDate 28
in pairs, one on each side of the navi- 20, 1998. For the convenience of the user, the gable channel which they mark, and superseded text is set forth as follows: opposite each other to inform the user § 66.10–15 Aids to navigation. that the channel lies between the buoys and that he should pass between (a) The second category of marker in the the buoys. USWMS is the aid to navigation having lat- eral or cardinal meaning. (c) On an irregularly defined channel, solid colored buoys may be used singly in staggered fashion on alternate sides * * * * * of the channel provided they are spaced at sufficiently close intervals to inform EDITORIAL NOTE: Amendatory instruction the user that the channel lies between no. 16 at 63 FR 33574, June 19, 1998, revising paragraph (a) of § 66.10–15, incorrectly re- the buoys and that he should pass be- ferred to a nonexistent § 66.19–15 in the head- tween the buoys. ing of the amendatory language. The heading (d) Where there is no well-defined should read: ‘‘§ 66.10–15 Aids to navigation.’’ channel or when a body of water is ob- structed by objects whose nature or lo- § 66.10–20 Size, shape, material and cation is such that the obstruction can construction of markers. be approached by a vessel from more (a) The size, shape, material, and than one direction, supplemental aids construction of all markers, both fixed to navigation having cardinal meaning and floating, shall be such as to be ob- (i.e., pertaining to the cardinal points servable under normal conditions of of the compass, north, east, south, and visibility at a distance such that the west) may be used. The use of an aid to significance of the marker or aid will navigation having cardinal meaning is discretionary provided that the use of be recognizable before the observer such a marker is limited to wholly stands into danger. State owned waters and the State wa- (b) [Reserved] ters for private aids to navigation as EFFECTIVE DATE NOTE: By CGD 97–018, 63 defined and described in this part. FR 33574, June 19, 1998, § 66.10–20 was re- (e) Aids to navigation conforming to moved, effective July 20, 1998. the cardinal system shall consist of three distinctly colored buoys. § 66.10–25 Numbers, letters or words (1) A white buoy with a red top may on markers. be used to indicate to a vessel operator (a) Numbers, letters or words on an that he must pass to the south or west aid to navigation or regulatory marker of the buoy. shall be placed in a manner to enable (2) A white buoy with a black top them to be clearly visible to an ap- may be used to indicate to a vessel op- proaching and passing vessel. They erator that he must pass to the north shall be block style, well proportioned or east of the buoy. and as large as the available space per- (3) In addition, a buoy showing alter- mits. Numbers and letters on red or nate vertical red and white stripes may black backgrounds shall be white; be used to indicate to a vessel operator numbers and letters on white back- that an obstruction to navigation ex- grounds shall be black. tends from the nearest shore to the (b) Odd numbers shall be used to buoy and that he must not pass be- identify solid colored black buoys or tween the buoy and shore. The number black topped buoys; even numbers shall of white and red stripes is discre- be used to identify solid colored red tionary, provided that the white buoys or red topped buoys. All numbers stripes are twice the width of the red shall increase in an upstream direction stripes. or toward the head of navigation. The [CGFR 66–32, 31 FR 10321, July 30, 1966, as use of numbers to identify buoys is dis- amended by CGD 97–018, 63 FR 33574, June 19, cretionary. 1998] (c) Letters only may be used to iden- EFFECTIVE DATE NOTE: By CGD 97–018, 63 tify regulatory and the white and red FR 33574, June 19, 1998, § 66.10–15 was amend- vertically striped obstruction markers. ed by revising paragraph (a), effective July
159
VerDate 28
When used the letters shall follow al- flashing, regularly occulting, or equal inter- phabetical sequence in an upstream di- val lights. For ordinary purposes the fre- rection or toward the head of naviga- quency of flashes may not be more than 30 tion. The letters I and O shall be omit- flashes per minute (slow flashing). When it is desired that lights have a distinct caution- ted to preclude confusion with num- ary significance, as at sharp turns or sudden bers. The use of letters to identify reg- constrictions in the channel or to mark ulatory markers and obstruction mark- wrecks or other artificial or natural obstruc- ers is discretionary. tions, the frequency of flashes may not be EFFECTIVE DATE NOTE: By CGD 97–018, 63 less than 60 flashes per minute (quick flash- FR 33574, June 19, 1998, § 66.10–25 was re- ing). When a light is used on a cardinal sys- moved, effective July 20, 1998. tem buoy or a vertically striped white and red buoy it shall always be quick flashing. § 66.10–30 Reflectors or retroreflective The colors of the lights shall be the same as materials. for reflectors; a red light only on a solid col- ored red buoy; a green light on solid colored (a) The use of reflectors or black buoy; white light only for all other retroreflective materials shall be dis- buoys including regulatory markers. cretionary. (b) [Reserved] (b) When used on buoys having lat- eral significance, red reflectors or § 66.10–40 Ownership identification. retroreflective materials shall be used (a) The use and placement of owner- on solid colored red buoys; green reflec- ship identification is discretionary, tors or retroreflective materials shall provided that ownership identification be used on solid colored black buoys; is worded and placed in a manner white reflectors or retroreflective ma- which will avoid detracting from the terials only shall be used for all other meaning intended to be conveyed by a buoys including regulatory markers, navigational aid or regulatory marker. except that orange reflectors or ret- (b) [Reserved] roreflective materials may be used on the orange portions of regulatory EFFECTIVE DATE NOTE: By CGD 97–018, 63 markers. FR 33574, June 19, 1998, § 66.10–40 was re- moved, effective July 20, 1998. EFFECTIVE DATE NOTE: By CGD 97–018, 63 FR 33574, June 19, 1998, § 66.10–30 was re- § 66.10–45 Mooring (anchor) buoys. moved, effective July 20, 1998. (a) Mooring buoys in State waters for private aids to navigation shall be col- § 66.10–35 Navigation lights. ored white and shall have a horizontal A red light shall only be used on a blue band around the circumference of solid colored red buoy. A green light the buoy centered midway between the shall only be used on a solid colored top of the buoy and the waterline. black or a solid colored green buoy. (b) A lighted, mooring buoy shall White lights shall be used for all other normally display a slow flashing white buoys. When a light is used on a car- light. When its location in a waterway dinal system buoy or a vertically is such that it constitutes an obstruc- striped white and red buoy, it shall al- tion to a vessel operated during hours ways be quick flashing. of darkness, it shall display a quick [CGD 97–018, 63 FR 33574, June 19, 1998] flashing white light. (c) A mooring buoy may bear owner- EFFECTIVE DATE NOTE: By CGD 97–018, 63 ship identification provided that the FR 33574, June 19, 1998, § 66.10–35 was revised, effective July 20, 1998. For the convenience of manner and placement of the identi- the user, the superseded text is set forth as fication does not detract from the follows: meaning intended to be conveyed by the color scheme or identification let- § 66.10–35 Navigation lights. ter when assigned. (a) The use of navigational lights on State aids to navigation, including regulatory EFFECTIVE DATE NOTE: By CGD 97–018, 63 markers, is discretionary. When used, lights FR 33574, June 19, 1998, § 66.10–45 was re- on solid colored buoys shall be regularly moved, effective July 20, 1998.
160
VerDate 28
PART 67—AIDS TO NAVIGATION 67.30–5 Obstruction lights. ON ARTIFICIAL ISLANDS AND 67.30–10 Fog signals. FIXED STRUCTURES Subpart 67.35—Applications Subpart 67.01—General Requirements 67.35–1 Procedure. 67.35–5 Contents of application. Sec. 67.35–10 Private aids to navigation. 67.01–1 Scope. 67.35–15 To whom addressed. 67.01–5 Definitions. 67.01–10 Authority to regulate and delega- tion of functions. Subpart 67.40—Notification 67.01–15 Classification of structures. 67.40–1 Notification to District Commander. 67.01–20 Prescribing lines of demarcation. 67.40–5 Waivers. 67.01–30 Equivalents. 67.40–10 Communication with owner. Subpart 67.05—General Requirements for 67.40–15 Marking at owner’s expense. Lights 67.40–20 Charges invoiced to owner. 67.40–25 Penalty. 67.05–1 Arrangement of obstruction lights. 67.05–5 Multiple obstruction lights. Subpart 67.50—District Regulations 67.05–10 Characteristics of obstruction lights. 67.50–1 Scope. 67.05–15 Operating periods of obstruction 67.50–5 First Coast Guard District. lights. 67.50–15 Fifth Coast Guard District. 67.05–20 Minimum lighting requirements. 67.50–20 Seventh Coast Guard District. 67.05–25 Special lighting requirements. 67.50–25 Eighth Coast Guard District. 67.50–30 Ninth Coast Guard District. Subpart 67.10—General Requirements for 67.50–35 Eleventh Coast Guard District. Fog Signals 67.50–45 Thirteenth Coast Guard District. 67.10–1 Apparatus requirements. 67.50–50 Seventeenth Coast Guard District. 67.10–5 Location requirements. AUTHORITY: 14 U.S.C. 85, 633; 43 U.S.C. 1333; 67.10–10 Operating requirements. 49 CFR 1.46. 67.10–15 Approval of fog signals. 67.10–20 Fog signal tests. SOURCE: CGFR 58–17, 23 FR 3377, May 20, 67.10–25 Application for tests. 1958, unless otherwise noted. 67.10–30 Withdrawal of approval. 67.10–35 Notice of approval and withdrawal of approval. Subpart 67.01—General 67.10–40 Fog signals authorized for use prior Requirements to January 1, 1973. § 67.01–1 Scope. Subpart 67.15—Miscellaneous Marking (a) The regulations in this part pre- Requirements scribe the obstruction lights and fog 67.15–1 Lights and signals on attendant ves- signals to be operated as privately sels. maintained maritime aids to naviga- 67.15–5 Seismographic and surveying oper- tion on the artificial islands and struc- ations. tures which are erected on or over the 67.15–10 Spoil banks, artificial islands, and seabed and subsoil of the Outer Con- dredged channels. tinental Shelf and in the waters under Subpart 67.20—Class ‘‘A’’ Requirements the jurisdiction of the United States, for the purpose of exploring for, devel- 67.20–1 Class ‘‘A’’ structures. oping, removing and transporting re- 67.20–5 Obstruction lights. sources therefrom. 67.20–10 Fog signal. (b) Subpart 66.01 in Part 66 of this Subpart 67.25—Class ‘‘B’’ Requirements subchapter shall be applicable to all private aids to navigation erected on or 67.25–1 Class ‘‘B’’ structures. over the Outer Continental Shelf in the 67.25–5 Obstruction lights. same manner and to the same extent as 67.25–10 Fog signal. they are applicable to private aids to navigation established, erected, or Subpart 67.30—Class ‘‘C’’ Requirements maintained in the waters under the ju- 67.30–1 Class ‘‘C’’ structures. risdiction of the United States.
161
VerDate 28
§ 67.01–5 Definitions. § 67.01–10 Authority to regulate and delegation of functions. (a) Structures. The term ‘‘structures’’ as used in this part shall include all Delegation of functions. The Coast fixed structures, temporary or perma- Guard District Commander is hereby nent, for which a Corps of Engineers’ delegated responsibility for perform- permit is issued. It shall include, but is ing, or having performed the inspec- not necessarily limited to, all drilling tions, enforcement, and administration platforms, production platforms, quar- of such regulations, which are or may ters platforms, pipe line riser plat- be required. He may redelegate this au- forms, manifold platforms, loading thority as necessary to any person platforms, boat landings, caissons, well from the civilian or military branch of protective structures, tank battery the Coast Guard. barges submerged on station, drilling [CGFR 58–17, 23 FR 3378, May 20, 1958, as barges submerged on location, break- amended by CGFR 68–95, 33 FR 15285, Oct. 15, water barges submerged on location, 1968; USCG–1998–3799, 63 FR 35526, June 30, artificial islands and all other piles, 1998] pile clusters, pipes, or structures erect- ed in the waters. § 67.01–15 Classification of structures. (b) Class ‘‘A’’, ‘‘B’’, or ‘‘C’’ structures. (a) The varied depths of water and The term ‘‘Class A, B, or C structures’’ marine commerce traffic routes which refers to the classification assigned to exist in the waters over the Outer Con- structures erected in areas in which tinental Shelf, and in other waters, corresponding requirements for mark- permits the classification of structures ing are prescribed. according to their location in such wa- (c) Line of demarcation. The term ters. Those structures in the area sea- ‘‘line of demarcation’’ means the divid- ward of the line of demarcation, pre- ing line used administratively to dis- scribed by the regulations in this part, tinguish between the areas in which are designated as Class ‘‘A’’ structures. structures shall conform to Class ‘‘A’’ All structures shoreward of the line of and Class ‘‘B’’ or ‘‘C’’ requirements. demarcation, prescribed by the regula- tions in this part, are designated as ei- (d) Outer Continental Shelf. The term ther Class ‘‘B’’ or Class ‘‘C’’ structures. ‘‘Outer Continental Shelf’’ means all (b) In the event a line of demarcation submerged lands lying seaward and is not prescribed, the District Com- outside the area of lands beneath navi- mander shall designate a structure gable waters as defined in the Sub- ‘‘A’’, ‘‘B’’, or ‘‘C’’ as he deems appro- merged Lands Act (sec. 2, 67 Stat. 29, 43 priate. U. S. C. 1301), and of which the subsoil and seabed appertain to the United § 67.01–20 Prescribing lines of demar- States and are subject to its jurisdic- cation. tion and control. In those areas where lines of demar- (e) Reliable operation. The term ‘‘reli- cation are not prescribed, or where able’’ as used in this part shall mean they have been prescribed and require that dependability which will insure to modification, the District Commander the highest degree reasonably possible shall submit his recommendations the uninterrupted operation of lights thereon to the Commandant for estab- and fog signals as private aids to navi- lishment or changes as required. When gation for safety of marine commerce. approved by the Commandant, and (f) Fog signal. The term ‘‘fog signal’’ upon publication in the FEDERAL REG- as used in this part shall mean the au- ISTER, such additions or changes in dible sound signal, authorized as a pri- lines of demarcation shall be effective vate aid to navigation, to mark a for the purposes of this part. structure for the safety of marine com- merce whenever the visibility has been § 67.01–30 Equivalents. reduced by fog, mist, rain, falling snow, The use of alternate equipment, ap- smoke, dust, or other phenomena. paratus, or installation arrangements [CGFR 58–17, 23 FR 3377, May 20, 1958, as specified in this part may be permitted amended by CGFR 63–18, 28 FR 4026, Apr. 14, by the District Commander to such ex- 1963] tent and under such conditions as will
162
VerDate 28
result in achieving a degree of safety or § 67.05–5 Multiple obstruction lights. compliance with these regulations When more than one obstruction equivalent to or above the minimum light is required by this part to mark a requirements set forth in this part. structure, all such lights shall be oper- ated to flash in unison. Subpart 67.05—General Requirements for Lights § 67.05–10 Characteristics of obstruc- tion lights. § 67.05–1 Arrangement of obstruction All obstruction lights required by lights. this part shall be powered from a reli- (a) Structures having a maximum able power source, including auxiliary horizontal dimension of 30 feet or less power sources as necessary. They shall on any one side, or in diameter, shall display a quick-flash characteristic of approximately 60 flashes per minute, be required to have one obstruction unless prescribed otherwise in the per- light visible for 360°. mit issued by the District Commander. (b) Structures having a maximum Their color shall be white when mark- horizontal dimension of over 30 feet, ing Class ‘‘A’’ and ‘‘B’’ structures, and but not in excess of 50 feet, on any one either white or red, as prescribed by side, or in diameter, shall be required the District Commander, when mark- to have two obstruction lights in- ing Class ‘‘C’’ structures. In determin- stalled on diagonally opposite corners, ing whether white or red lights shall be 180° apart, or as prescribed by the Dis- authorized, the District Commander trict Commander, each light to have a shall take into consideration matters 360° lens. concerning, but not necessarily limited (c) Structures having a horizontal di- to, the dimensions of the structure and mension of over 50 feet on any one side, the depth of water in which it is lo- or in diameter, shall be required to cated; the proximity of the structure have an obstruction light on each cor- to vessel routes; the nature and ner, or 90° apart in the case of circular amount of vessel traffic; and the effect structures, or as prescribed by the Dis- of background lighting. trict Commander, each light to have a ° § 67.05–15 Operating periods of ob- 360 lens. struction lights. (d) Where the overall dimensions of a Obstruction lights shall be displayed structure require the installation of at all times between the hours of sun- two or more obstruction lights, the set and sunrise, local time, commenc- lights shall all be mounted on the same ing at the time the construction of a horizontal plane within the limitations structure is begun. During construc- of height specified in § 67.20–5, § 67.25–5, tion and until such time as a platform or § 67.30–5, as applicable. capable of supporting the obstruction (e) Lesser structures and piles, pile lights is completed, the fixed lights on clusters or flare templates, etc., will an attending vessel shall be used. In not normally be required to be marked addition, when lights are in use for by obstruction lights, when they are general illumination to facilitate the located within 100 yards of a Class ‘‘A’’, construction or operation of a struc- ‘‘B’’ or ‘‘C’’ structure marked by estab- ture, and can be seen from any angle of lished obstruction lights, but they approach at a distance equal to that shall be marked with red or white prescribed for the obstruction lights retro-reflective material, installed as for the class of structure, the actual prescribed by the District Commander. operation of obstruction lights also (f) All obstruction lights shall be in- will not be required. stalled in a manner which will permit [CGFR 58–34, 23 FR 7701, Oct. 4, 1958] at least one of them to be carried in sight of the mariner, regardless of the § 67.05–20 Minimum lighting require- angle of approach, until he is within 50 ments. feet of the structure, visibility permit- The obstruction lighting require- ting. ments prescribed in this part are the
163
VerDate 28
minimum requirements only and shall (5) The power necessary to comply not preclude the maintainer from mak- with the provisions of paragraph (c) of ing application for authorization to es- this section. tablish more lights, or lights of greater intensity than required to be visible at § 67.10–5 Location requirements. the distances prescribed: Provided, That The fog signal required by §§ 67.20–10, the prescribed characteristics of color 67.25–10, and 67.30–10 must: and flash duration are adhered to. (a) Be located on the structure so that the sound signal produced is audi- § 67.05–25 Special lighting require- ble over 360° in a horizontal plane at all ments. ranges up to and including the required Whenever a structure is erected in a range; and position on or adjacent to the edges of (b) Be located at least 10 feet but not navigable channels and fairways, or more than 150 feet above mean high lines of demarcation, the District Com- water. mander is authorized to require the structure to be marked by the lights § 67.10–10 Operating requirements. which in his judgment are necessary (a) Fog signals required by §§ 67.20–10, for the safety of marine commerce, and 67.25–10, and 67.30–10 must be operated without regard to the fact that the continuously, regardless of visibility, structure may be located in an area in unless the fog signal is controlled: which either Class ‘‘B’’ or Class ‘‘C’’ re- (1) By an attendant on the structure; quirements are otherwise applicable. (2) Remotely by an attendant on a The requirements for the lights in any nearby structure; or of these cases, shall not exceed those (3) By a fog detection device capable established for structures in the Class of activating the fog signal when the ‘‘A’’ areas. visibility in any direction is reduced to the range at which fog signal operation Subpart 67.10—General is required by this part. Requirements for Fog Signals (b) During construction and until such time as a fog signal is installed and operating on a platform, the whis- SOURCE: CGD 72–74R, 37 FR 13512, July 8, 1972, unless otherwise noted. tle of an attending vessel moored alongside the platform may be used to § 67.10–1 Apparatus requirements. sound the signal required for the struc- ture by this part. The fog signal required by §§ 67.20–10, 67.25–10, and 67.30–10 must: § 67.10–15 Approval of fog signals. (a) Have its maximum intensity at a (a) The Coast Guard approves a fog frequency between 100 and 1,100 Hertz; signal if: (b) Sound a 2-second blast every 20 (1) It meets the requirements for fog seconds (2 seconds sound, 18 seconds si- signals in § 67.10–1 (a), (b), (c), (d), and lence) unless otherwise authorized by (e) when tested under § 67.10–20; or the District Commander; (2) It is similar to a fog signal which (c) Have the range required by § 67.20– was tested and approved under the pro- 10, § 67.25–10, or § 67.30–10; visions of this section and the Coast (d) Have a height not exceeding 25 Guard has approved all variations in feet; design, construction, production, and (e) Have not more than eight sound manufacture from the fog signal test- sources; ed. (f) Be approved by the Coast Guard (b) A fog signal that is an identical under § 67.10–15; and production model of a fog signal which (g) Be permanently marked with: has been approved under paragraph (a) (1) The date of Coast Guard approval; of this section is a Coast Guard ap- (2) The manufacturer and date of proved fog signal. manufacture; (3) A model designation; § 67.10–20 Fog signal tests. (4) The approved range; and (a) Fog signal tests must:
164
VerDate 28
(1) Be made by the applicant in the (2) Power at outputs up to and in- presence of a Coast Guard representa- cluding the approximate power level tive, who certifies the test if the proce- necessary to comply with § 67.10–1(c); dures comply with the requirements of (3) Horizontal angle at increments this section; not greater than 30°; and (2) Be made with Coast Guard sup- (4) Harmonic content to at least the plied and calibrated sound level meters third harmonic. and power meters; and (c) In analyzing the test data to de- termine the minimum power necessary (3) Be made in an anechoic chamber to produce the sound pressure level large enough to accommodate the en- specified in Table A of this section the tire fog signal, as if installed for actual Coast Guard follows the procedures use. prescribed by the International Asso- (b) The sound pressure level must be ciation of Lighthouse Authorities measured as a function of: (IALA) in Supplement No. 3 to the (1) Distance by using a sufficient IALA Bulletin of February 1969 for number of points to allow a far-field analysis of harmonic components and extrapolation of the sound pressure does not consider components above level; 1,100 Hertz as adding to the audible range.
§ 67.10–25 Application for tests. (1) His name, address, and telephone number; A person requesting a Coast Guard representative at a test of a fog signal (2) A description of the fog signal; must: (3) Range for which approval is re- (a) Direct a written request to the Of- quested; fice of Aids to Navigation, U.S. Coast (4) Location of the anechoic chamber; Guard Headquarters, 2100 Second and Street SW., Washington, DC 20593–0001 (5) Proposed test dates. including: (b) Bear all the expenses of conduct- ing the test conducted in accordance
165
VerDate 28
with § 67.10–20 including all expenses of become structures as described in the U.S. Government in sending a § 67.01–5. Coast Guard representative to the test. [CGFR 58–17, 23 FR 3377, May 20, 1958, as [CGD 72–74R, 37 FR 13512, July 8, 1972, as amended by CGFR 68–95, 33 FR 15285, Oct. 15, amended by CGD88–052, 53 FR 25119,July 1, 1968] 1988; CGD 96–026, 61 FR 33663, June 28, 1996] § 67.15–5 Seismographic and surveying operations. § 67.10–30 Withdrawal of approval. All stakes, casings, pipes, and buoys, The Coast Guard may withdraw ap- except bamboo poles and wooden proval of a fog signal if it fails to meet stakes less than 2 inches in diameter, the requirements of § 67.10–1 (a), (b), placed in the water to facilitate seis- and (c). mographic or surveying operations shall be marked, in the manner pre- § 67.10–35 Notice of approval and with- scribed by the District Commander, for drawal of approval. the safety of navigation. (a) The Coast Guard publishes a no- tice of the approval or withdrawal of § 67.15–10 Spoil banks, artificial is- lands, and dredged channels. approval of a fog signal in the Local Notice to Mariners. (a) All submerged spoil banks, or ar- (b) A listing of approved fog signals tificial islands resulting from the dredging of private channels, laying of may be obtained from any District pipelines, or any other private oper- Commander. ation, and all privately dredged chan- § 67.10–40 Fog signals authorized for nels which, in the judgment of the Dis- use prior to January 1, 1973. trict Commander are required to be marked by aids to navigation, shall be Any fog signal authorized for use by marked by private aids to navigation the Coast Guard and manufactured conforming to the standard United prior to January 1, 1973, is excepted States system of aids to navigation from the requirements in this subpart, characteristics described in Subpart except §§ 67.10–1 (b) and (c), 67.10–5, and 62.25 of Part 62 of this subchapter. 67.10–10, if the fog signal has a mini- (b) Applications for permits to estab- mum sound pressure level as specified lish and maintain private aids to navi- in Table A of Subpart 67.10 of Title 33 gation for the purpose indicated in this of the Code of Federal Regulations in section shall be reviewed by the Dis- effect on December 31, 1972, for the trict Commander and forwarded to the range required by § 67.20–10, § 67.25–10, or Commandant, for final review and § 67.30–10. issuance of permits.
Subpart 67.15—Miscellaneous Subpart 67.20—Class ‘‘A’’ Marking Requirements Requirements § 67.20–1 Class ‘‘A’’ structures. § 67.15–1 Lights and signals on attend- ant vessels. Class ‘‘A’’ structures shall be the structures erected in an area where The requirements prescribed by this Class ‘‘A’’ requirements must be met. part apply to structures. The barges, vessels, and other miscellaneous float- § 67.20–5 Obstruction lights. ing plants in attendance shall display The obstruction lights shall be white lights and signals in accordance with lights as prescribed in Subpart 67.05 of the ‘‘Regulations for Preventing Colli- this part. The lights shall be of suffi- sions at Sea, 1960 (33 U.S.C. 1601–1094),’’ cient candlepower as to be visible at a or the local rules established in accord- distance of at least five nautical miles ance with Rule 30 thereof, as appro- 90 percent of the nights of the year. priate. However, when vessels are fixed The lights shall be displayed not less to or submerged onto the seabed, they than 20 feet above mean high water,
166
VerDate 28
but not at a height greater than that § 67.25–10 Fog signal. specified in § 67.05–1(f). (a) The owner of a Class ‘‘B’’ struc- [CGFR 58–34, 23 FR 7701, Oct. 4, 1958] ture shall: (1) Install a fog signal that has a § 67.20–10 Fog signal. range of at least one-half mile, except that the District Commander may— (a) The owner of a Class ‘‘A’’ struc- (i) Prescribe a greater range, not to ture shall: exceed 2 miles, under the provisions of (1) Install a fog signal that has a paragraph (b) of this section; or range of at least 2 miles; and, (ii) Exempt the structure from the (2) Operate the fog signal when the requirements of this paragraph, under visibility in any direction is less than 5 the provisions of paragraph (c) of this miles. section; (b) The District Commander may (2) Operate the fog signal when the waive any requirements in paragraph visibility in any direction is less than 3 (a) of this section if he finds that a miles, unless the District Commander structure is so close to other struc- establishes a greater or lesser distance tures and so enveloped by the fog sig- of visibility in any direction is less nals on other structures that it is not than 3 provisions of paragraph (b) or (c) a hazard to navigation. of this section. (b) The owner of a Class ‘‘B’’ struc- [CGD 72–74R, 37 FR 13513, July 8, 1972] ture shall install a fog signal with a greater range or operate it at times of Subpart 67.25—Class ‘‘B’’ greater visibility than required in Requirements paragraph (a) of this section if: (1) The structure is erected on or ad- § 67.25–1 Class ‘‘B’’ structures. jacent to the edge of a: (i) Navigable channel; Class ‘‘B’’ structures shall be the (ii) Fairway; or structures erected in an area where (iii) Line of demarcation; and Class ‘‘B’’ requirements must be met. (2) The District Commander decides a greater range or operation of the fog § 67.25–5 Obstruction lights. signal at times of greater visibility is (a) The obstruction lights shall be necessary for the safety of marine com- white lights as prescribed in Subpart merce. 67.05 of this part and shall be of suffi- (c) The District Commander may cient candlepower as to be visible at a waive or relax the provisions of para- distance of at least three nautical graph (a) of this section, if he finds miles 90 percent of the nights of the that a structure is: year. The lights shall be displayed not (1) So close to other structures and less than 20 feet above mean high so enveloped by the fog signals on water, but not at a height greater than other structures that it is not a hazard that specified in § 67.05–1(f), except that to navigation; or on Class ‘‘B’’ structures which are re- (2) So located in a shoal area that it quired to be marked by only one light, is not a hazard to navigation. that light may be displayed not less [CGD 72–74R, 37 FR 13513, July 8, 1972] than 10 feet above mean high water if the structural features preclude Subpart 67.30—Class ‘‘C’’ mounting the light within the range of Requirements heights otherwise specified in this sec- tion. § 67.30–1 Class ‘‘C’’ structures. (b) The District Commander may Class ‘‘C’’ structures shall be the waive the requirement for obstruction structures erected in an area where lights on Class ‘‘B’’ structures if there Class ‘‘C’’ requirements must be met. is no hazard to navigation by so doing. § 67.30–5 Obstruction lights. [CGFR 58–34, 23 FR 7701, Oct. 4, 1958, as amended by CGFR 62–32, 27 FR 10101, Oct. 13, (a) The obstruction lights shall be 1962] white or red lights as prescribed in
167
VerDate 28
Subpart 67.05 of this part and shall be (b) Fog signals required by paragraph of sufficient candlepower as to be visi- (a) of this section must have range of ble at a distance of at least one nau- at least one-half mile, unless the Dis- tical mile 90 percent of the nights of trict Commander prescribes a greater the year. The lights shall be displayed range, not to exceed 2 miles. at such height, above mean high water, (c) The owner of the structure shall as shall be prescribed by the District operate the fog signal required by para- Commander. When the District Com- graph (a) of this section whenever the mander shall authorize red lights to visibility in any direction is less than 3 mark a Class ‘‘C’’ structure, the color miles, unless the District Commander thereof shall conform to the shade of establishes a greater or lesser distance red prescribed in Military Specification of visibility, not to exceed 5 miles. Mil–C–25050 (ASG), Type 1, Grade D. A (d) Class ‘‘C’’ structures may have copy of the specification may be ob- fog signals if: tained from the Commanding Officer, (1) Authorized by the District Com- Naval Supply Depot, 5801 Tabor Ave- mander under the provisions of Sub- nue, Philadelphia, Pa. 19120. part 66.01 of this subchapter; and (b) When Class ‘‘C’’ structures are (2) The fog signal meets the require- erected in close proximity to each ments of § 67.10–1 (a) and (b). other, or are connected in such a man- ner as to prevent marine traffic from [CGD 72–74R, 37 FR 13513, July 8, 1972] passing freely through the field, ob- struction lights may be authorized to Subpart 67.35—Applications mark the perimeter structures only, when in the judgment of the District § 67.35–1 Procedure. Commander the group of structures (a) An application, on Coast Guard which are equipped with obstruction forms which will be provided by the lights are so arranged that the particu- District Commander upon request, lar structures are protected to the de- shall be submitted for each private aid gree required by this part, and are not to navigation for which a permit is re- a hazard to navigation. quired to establish, operate, move, (c) Unless advised to the contrary by change or discontinue, except as modi- the District Commander, obstruction fied in this subpart. lights shall be required on Class ‘‘C’’ (b) An application on the prescribed structures erected in depths of water form shall be submitted to the District greater than 3 feet at mean low water. Commander for each structure to be (d) In cases where, although not re- equipped with obstruction lights and/or quired, an applicant desires to estab- fog signals if the structure is to remain lish and operate obstruction lights, a in place six months or more. An appli- permit therefor shall be granted, at the cation may be made by letter for each discretion of the District Commander: structure to be so equipped if the struc- Provided, That the lights meet the re- ture is to remain in place less than six quirements set forth in this part. months. [CGFR 58–34, 23 FR 7701, Oct. 4, 1958, as (c) One application form only shall be amended by CGFR 68–95, 33 FR 15285, Oct. 15, submitted to the District Commander 1968] to cover a group of unlighted buoys or daybeacons. § 67.30–10 Fog signals. (a) The owner of a Class ‘‘C’’ struc- § 67.35–5 Contents of application. ture shall install a fog signal if: (a) All applicable items of the pre- (1) The structure is erected on or ad- scribed forms shall be completed. A jacent to the edge of a: brief descriptive print of the structure (i) Navigable channel; or aid to navigation involved shall be (ii) Fairways; or furnished with the application, to- (iii) Line of demarcation; and gether with a location plat or chart (2) The District Commander decides section. When Lambert coordinates are it is necessary for the safety of marine used to plot the position of the aid, the commerce. plat or chart shall be annotated to
168
VerDate 28
show latitude and longitude of the pro- and the authorized obstruction lights posed aid to navigation, except when placed in operation. the position has been described by ref- (b) Class ‘‘B’’ structures. Notification erence to one or more horizontal an- shall be given to the District Com- gles, or by the bearing and distance mander in the case of structures to be from a charted landmark. located in areas where Class ‘‘B’’ re- (b) Each application shall have ap- quirements must be met, in the same pended to it a list showing the type, manner as prescribed in the case of model, name and address of the manu- Class ‘‘A’’ structures, except that the facturer of the lighting apparatus and telegram on the day construction of fog signal equipment to be used. the structure is commenced shall not (c) Each application shall always be required. specify the date the proposals con- (c) Class ‘‘C’’ structures. Notification tained therein are desired to be effec- shall be given to the District Com- tive, and approval thereof must be ob- mander in the case of structures to be tained before the proposed action is un- located in areas where Class ‘‘C’’ re- dertaken. quirements must be met, upon comple- tion of the structure. § 67.35–10 Private aids to navigation. See § 67.15–10(b) for review of applica- [CGFR 58–17, 23 FR 3377, May 20, 1958, as tions respecting private aids to naviga- amended by CGFR 62–32, 27 FR 10101, Oct. 13, 1962] tion for spoil banks, artificial islands and dredged channels. § 67.40–5 Waivers. § 67.35–15 To whom addressed. (a) The District Commander is au- The applications and correspondence thorized to modify or waive any re- dealing with private aids to navigation quirement prescribed in this part and obstruction lighting should be ad- whenever, in his judgment, the safety dressed to the District Commander of marine commerce will not be im- having jurisdiction over the area. paired by so doing. (b) When the District Commander Subpart 67.40—Notification shall determine that changed cir- cumstances in the case of a structure, § 67.40–1 Notification to District Com- whose obstruction lights and/or fog sig- mander. nal have been modified or waived, con- (a) Class ‘‘A’’ structures. In the case of stitutes a hazard to marine navigation, structures to be located in areas where he is authorized to revoke or revise his Class ‘‘A’’ requirements must be met, previous action and to require the notification shall be given to the Dis- structure to be appropriately marked trict Commander of the approximate by suitable obstruction lights and/or date work will commence, as soon as fog signals in accordance with this known after a permit is received from part. the Corps of Engineers, U.S. Army, or § 67.40–10 Communication with owner. 30 days in advance, if possible. The Dis- trict Commander shall be notified by Communication with the owners of telegram the day the construction of private aids to navigation by the Dis- the structure is commenced, informing trict Commander shall be addressed to him of the lights and fog signals to be their usual or last known place of busi- used during construction. When con- ness, or to their local representative, if struction has been completed, the any. Communication shall be by the maintainer shall notify the District method considered appropriate for the Commander to that effect by letter, circumstances. stating whether or not the authorized obstruction lights and/or fog signals § 67.40–15 Marking at owner’s expense. are in operation. Final notification by The District Commander may mark, letter shall be given when the lights for the protection of marine commerce, used for general illumination, to facili- any structure whenever the owner tate the construction or operation of thereof has failed suitably to mark the the structure, have been discontinued same in accordance with this part, and
169
VerDate 28
the owner shall reimburse the Coast § 67.50–5 First Coast Guard District. Guard for all costs incurred. (a) Description. See § 3.05–1 of this § 67.40–20 Charges invoiced to owner. chapter. (b) Line of demarcation. There is no Charges to the owner for the cost of line of demarcation prescribed for this marking a structure by the Coast District. When required, it will be de- Guard shall be determined in accord- ance with Part 74 of this subchapter. termined in accordance with § 67.01–20. All such charges shall be invoiced to The District Commander shall assign the owner beginning with the date such structures to classes as he deems ap- marking is established and shall con- propriate at the time of application for tinue until notice is received by the a permit to establish and operate lights District Commander that the structure and fog signals. In so doing, he shall has been removed, or until the owner take into consideration matters con- has applied for and been issued a per- cerning, but not necessarily limited to, mit by the District Commander to es- the dimensions of the structure and the tablish and operate the required ob- depth of water in which it is located; struction lights and/or fog signals or the proximity of the structure to vessel other markings required by this part. routes; the nature and amount of ves- sel traffic; and the effect of background § 67.40–25 Penalty. lighting. The penalty for violation is in sec- [CGFR 58–17, 23 FR 3377, May 20, 1958, as tion 1, 63 Stat. 501 (14 U.S.C. 85), or sec- amended by CGFR 61–40, 26 FR 10353, Nov. 3, tion 4(e)(2) of the Outer Continental 1961] Shelf Lands Act (43 U.S.C. 1333). Any person, firm, company, or corporation § 67.50–15 Fifth Coast Guard District. who shall fail or refuse to obey any of (a) Description. See § 3.25–1 of this the lawful rules and regulations issued chapter. in this part or pursuant thereto shall (b) Line of demarcation. There is no be guilty of a misdemeanor and shall line of demarcation prescribed for this be fined not more than $100 for each of- District. When required, it will be de- fense. Each day during which such vio- termined in accordance with § 67.01–20. lation shall continue shall be consid- The District Commander shall assign ered a new offense. structures to classes as he deems ap- propriate at the time of application for Subpart 67.50—District Regulations a permit to establish and operate lights and fog signals. In so doing, he shall § 67.50–1 Scope. take into consideration matters con- (a) The regulations in this subpart cerning, but not necessarily limited to, shall apply to the structures which are the dimensions of the structure and the located within the boundaries of the depth of water in which it is located; Coast Guard districts hereinafter de- the proximity of the structure to vessel fined. routes; the nature and amount of ves- (b) Geographic coordinates expressed sel traffic; and the effect of background in terms of latitude or longitude, or lighting. both, are not intended for plotting on [CGFR 58–17, 23 FR 3377, May 20, 1958, as maps or charts whose referenced hori- amended by CGFR 61–40, 26 FR 10353, Nov. 3, zontal datum is the North American 1961] Datum of 1983 (NAD 83), unless such ge- ographic coordinates are expressly la- § 67.50–20 Seventh Coast Guard Dis- beled NAD 83. Geographic coordinates trict. without the NAD 83 reference may be (a) Description. See § 3.35–1 of this plotted on maps or charts referenced to chapter. NAD 83 only after application of the (b) Line of demarcation. There is no appropriate corrections that are pub- line of demarcation prescribed for this lished on the particular map or chart District. When required, it will be de- being used. termined in accordance with § 67.01–20. [CGD 86–082, 52 FR 33810, Sept. 8, 1987] The District Commander shall assign
170
VerDate 28
structures to classes as he deems ap- (ix) A point at Lat. 29°14′.0 N., Long. 88°57′.7 propriate at the time of application for W., thence to; a permit to establish and operate lights (x) A point at Lat. 29°10′.0 N., Long. 88°57′.0 and fog signals. In so doing, he shall W., thence to; (xi) A point at Lat. 29°03′.6 N., Long. 89°02′.3 take into consideration matters con- W., thence via the five fathom curve to; cerning, but not necessarily limited to, (xii) A point at latitude 28°58′.1 N., lon- the dimensions of the structure and the gitude 89°09′.6 W., thence to; depth of water in which it is located; (xiii) A point at latitude 28°57′.8 N., lon- the proximity of the structure to vessel gitude 89°13′.6 W., thence to; routes; the nature and the amount of (xiv) A point at latitude 28°57′.8 N., lon- ° ′ vessel traffic; and the effect of back- gitude 89 19 .5 W., thence to; (xv) A point at latitude 28°53′.8 N., lon- ground lighting. gitude 89°25′.7 W., thence to; [CGFR 58–17, 23 FR 3377, May 20, 1958, as (xvi) A point at latitude 28°52′.6 N., lon- amended by CGFR 61–40, 26 FR 10353, Nov. 3, gitude 89°25′.9 W., thence via the 10 fathom 1961] curve to; (xvii) A point at latitude 29°00′ N., lon- § 67.50–25 Eighth Coast Guard District. gitude 89°34′.0 W., thence to; (xviii) A point at latitude 29°00′ N., lon- (a) Description. See § 3.40–1 of this gitude 90°05′.0 W., thence to; chapter. (xix) A point at latitude 28°46′.3 N., lon- (b) Lines of demarcation. The two lines gitude 91°07′.5 W., thence to; of demarcation described in this sec- (xx) A point at latitude 29°11′.5 N., lon- tion are for administrative purposes to gitude 92°21′.0 W., thence to; distinguish between the areas in which (xxi) A point at latitude 29°29′.0 N., lon- ° ′ structures shall be subject to Class gitude 92 32 .3 W., thence via the 5 fathom curve to; ‘‘A’’, ‘‘B’’ or ‘‘C’’ requirements. The (xxii) A point at latitude 29°41′.2 N., lon- primary line of demarcation delimits gitude 93°19′.9 W., thence to; the areas to the seaward of which Class (xxiii) A point at latitude 29°38′.7 N., lon- ‘‘A’’ requirements are imposed. The gitude 93°49′.4 W., thence to; secondary line of demarcation delimits (xxiv) A point on the 5 fathom curve at the areas to the shoreward of which latitude 29°35′.8 N., longitude 94°00′′ W., Class ‘‘C’’ requirements are imposed. In thence via the 5 fathom curve to; (xxv) A point at latitude 29°26′.7 N., lon- those areas where no secondary line of gitude 94°30′.0 W., thence to; demarcation is prescribed, the struc- (xxvi) A point at latitude 28°55′.3 N., lon- tures shoreward of the primary line of gitude 95°16′.3 W., thence to; demarcation are considered to be Class (xxvii) A point at latitude 28°54′.9 N., lon- ‘‘C’’ structures. Class ‘‘B’’ require- gitude 95°15′.6 W., thence to; ments are imposed on the structures in (xxviii) A point at latitude 28°19′.3 N., lon- the areas between the two lines of de- gitude 96°23′.3 W., thence to; ° ′ marcation. (xxix) A point at latitude 27 49 .5 N., lon- gitude 97°01′.2 W., thence to; (1) The coordinates of the primary (xxx) A point on the 10 fathom curve at line of demarcation within the jurisdic- latitude 27°30′.0 N., longitude 97°10′.0 W., tion of the District Commander are as thence via the 10 fathom curve to; follows: (xxxi) A point at latitude 27°00′ N., lon- gitude 97°17′.5 W., thence to; ° ′ (i) Commencing at a point at Lat. 30 11 .3 (xxxii) A point at latitude 26°04′.1 N., lon- ° ′ N., Long. 88 03 .0 W., thence to; gitude 97°08′.6 W. (ii) A point at Lat. 30°11′.5 N., Long. 88°31′.7 W., thence to; (2) The coordinates of the secondary (iii) A point at Lat. 30°12′.7 N., Long. line of demarcation within the jurisdic- 88°58′.0 W., thence to; tion of the District Commander are as (iv) A point due west of (iii) at Long. 89°00′ follows: W., thence to; (v) A point at Lat. 30°08′.0 N., Long. 89°00′ (i) Commencing at a point in Breton Sound W., thence to; at Lat. 29°34′.0 N., Long. 89°00′.0 W., thence (vi) A point at Lat. 30°04′.7 N., Long. 88°53′.7 to; W., thence via a line two miles to seaward (ii) A point at Lat. 29°30′.0 N., Long. 89°10′.0 around Chandeleur Island to; W., thence to; (vii) A point at Lat. 29°34′.0 N., Long. 89°00′ (iii) A point at Lat. 29°20′.9 N., Long. W., thence to; 89°10′.0 W., thence to; (viii) A point at Lat. 29°15′.0 N., Long. 89°00′ (iv) A point at Lat. 29°15′.3 N., Long. 89°04′.0 W., thence to; W., thence to;
171
VerDate 28
(v) A point at Lat. 29°14′.1 N., Long. 88°59′.0 (xxxviii) A point at Lat. 29°40′.0 N., Long. W., thence to; 93°57′.3 W., thence to; (vi) A point at Lat. 29°08′.6 N., Long. 88°58′.3 (xxxix) A point at Lat. 29°39′.3 N., Long. W., thence to; 94°05′.0 W., thence to; (vii) A point at Lat. 29°02′.1 N., Long. (xl) A point at Lat. 29°27′.0 N., Long. 94°37′.0 89°06′.6 W., thence to; W., thence to; (viii) A point at Lat. 28°58′.1 N., Long. (xli) A point at Lat. 29°23′.1 N., Long. 89°08′.4 W., thence to; 94°42′.6 W., thence to; (ix) A point at Lat. 29°01′.1 N., Long. (xlii) A point at Lat. 29°20′.4 N., Long. 89°16′′.1 W., thence to; 94°41′.5 W., thence to; (x) A point at Lat. 28°53′.7 N., Long. 89°26′.0 (xliii) A point at Lat. 29°06′.6 N., Long. W., thence to; 95°04′.4 W., thence to; (xi) A point at Lat. 28°54′.3 N., Long. 89°27′.5 (xliv) A point at Lat. 29°04′.6 N., Long. W., thence to; 95°05′.7 W., thence to; (xii) A point at Lat. 29°02′.2 N., Long. (xlv) A point at Lat. 29°02′.0 N., Long. 89°24′.2 W., thence to; 95°10′.0 W., thence to; (xiii) A point at Lat. 29°11′.8 N., Long. (xlvi) A point at Lat. 28°57′.3 N., Long. 89°30′.0 W., thence to; 95°16′.2 W., thence to; (xiv) A point at Lat. 29°17′.9 N., Long. (xlvii) A point at Lat. 28°55′.3 N., Long. 89°46′.6 W., thence to; 95°17′.9 W., thence to; (xv) A point at Lat. 29°17′.1 N., Long. (xlviii) A point at Lat. 28°39′.5 N., Long. 89°50′.8 W., thence to; 95°48′.4 W., thence to; (xvi) A point at Lat. 29°14′.5 N., Long. (xlix) A point at Lat. 28°32′.1 N., Long. 89°55′.1 W., thence to; 96°06′.9 W., thence to; (xvii) A point at Lat. 29°10′.9 N., Long. (l) A point at Lat. 28°26′.4 N., Long. 96°17′.8 90°02′.9 W., thence to; W., thence to; (xviii) A point at Lat. 29°05′.5 N., Long. (li) A point at Lat. 28°23′.6 N., Long. 96°21′.5 90°10′.0 W., thence to; W., thence to; (xix) A point at Lat. 29°04′.5 N., Long. (lii) A point at Lat. 28°19′.7 N., Long. 90°12′.0 W., thence to; 96°23′.3 W., thence to; (xx) A point at Lat. 29°02′.0 N., Long., (liii) A point at Lat. 28°19′.3 N., Long. 90°20′.8 W., thence to; 96°25′.2 W., thence to; (xxi) A point at Lat. 29°01′.9 N., Long. (liv) A point at Lat. 28°14′.8 N., Long. 90°24′.9 W., thence to; 96°35′.0 W., thence to; (xxii) A point at Lat. 29°03′.6 N., Long. (lv) A point at Lat. 28°09′.1 N., Long. 96°43′.8 90°32′.8 W., thence to; W., thence to; (xxiii) A point at Lat. 29°01′.9 N., Long. (lvi) A point at Lat. 28°02′.4 N., Long. 90°41′.7 W., thence to; 96°52′.2 W., thence to; (xxiv) A point at Lat. 29°00′.8 N., Long. (lvii) A point at Lat. 27°56′.2 N., Long. 90°50′.0 W., thence to; 96°58′.3 W., thence to; (xxv) A point at Lat. 29°02′.4 N., Long. (lviii) A point at Lat. 27°52′.8 N., Long. 91°01′.5 W., thence to; 97°01′.1 W., thence to; (xxvi) A point at Lat. 29°28′.5 N., Long. (lix) A point at Lat. 27°49′.3 N., Long. 92°10′.1 W., thence to; 97°03′.0 W., thence to; (xxvii) A point at Lat. 29°31′.1 N., Long. (lx) A point at Lat. 27°46′.4 N., Long. 97°05′.6 92°21′.8 W., thence to; W., thence to; (xxviii) A point at Lat. 29°34′.1 N., Long. (lxi) A point at Lat. 27°38′.9 N., Long. 92°39′.3 W., thence to; 97°10′.6 W., thence to; (xxix) A point at Lat. 29°41′.1 N., Long. (lxii) A point at Lat. 27°28′.3 N., Long. 92°57′.2 W., thence to; 97°16′.2 W., thence to; (xxx) A point at Lat. 29°44′.6 N., Long. (lxiii) A point at Lat. 27°21′.9 N., Long. 93°07′.9 W., thence to; 97°18′.9 W., thence to; (xxxi) A point at Lat. 29°45′.6 N., Long. (lxiv) A point at Lat. 27°13′.7 N., Long. 93°13′.7 W., thence to; 97°21′.2 W., thence to; (xxxii) A point at Lat. 29°45′.6 N., Long. (lxv) A point at Lat. 27°05′.4 N., Long. 93°17′.3 W., thence to; 97°22′.3 W., thence to; (xxxiii) A point at Lat. 29°44′.3 N., Long. (lxvi) A point at Lat. 26°57′.1 N., Long. 93°21′.0 W., thence to; 97°22′.2 W., thence to; (xxxiv) A point at Lat. 29°45′.3 N., Long. (lxvii) A point at Lat. 26°48′.9 N., Long. 93°30′.0 W., thence to; 97°20′.9 W., thence to; (xxxv) A point at Lat. 29°43′.3 N., Long. (lxviii) A point at Lat. 26°39′.1 N., Long. 93°43′.7 W., thence to; 97°18′.1 W., thence to; (xxxvi) A point at Lat. 29°41′.0 N., Long. (lxix) A point at Lat. 26°28′.8 N., Long. 93°48′.8 W., thence to; 07°14′.3 W., thence to; (xxxvii) A point at Lat. 29°38′.8 N., Long. (lxx) A point at Lat. 26°18′.3 N., Long. 93°50′.8 W., thence to; 97°11′.3 W., thence to;
172
VerDate 28
(lxxi) A point at Lat. 26°11′.7 N., Long. ance with the provisions of Subpart 97°10′.2 W., thence to; 62.25 of Part 62 of this subchapter. ° ′ (lxxii) A point at Lat. 26 04 .8 N., Long. (e) Applications. All private aids to 97°09′.3 W., thence to; (lxxiii) A point at Lat. 26°04′.2 N., Long. navigation applications and all cor- 97°08′.8 W., thence to; respondence dealing with private aids (lxxiv) A point at Lat. 25°58′.3 N., Long. to navigation and obstruction lighting 97°08′.3 W. shall be addressed to Commander, (c) Seismographic and surveying oper- Eighth Coast Guard District, 328 Cus- ations. (1) All stakes and casings tom House Building, New Orleans, Lou- (pipes), except bamboo poles and wood- isiana, 70130 marked for the attention en stakes less than 2 inches in diame- of the Chief, Aids to Navigation Sec- ter, placed in the water during seis- tion. mographic or surveying operations (f) Enclosures. Applicants shall ap- shall be marked with flags during the pend on a separate sheet with each ap- daylight hours. Those casings remain- plication, the description, including ing in place during the hours of dark- manufacturer, of obstruction lights ness shall be marked by a red light as and fog signals. prescribed in Subpart 67.30 of this part. (g) Corps of Engineers correspondence. (2) All buoys used during seis- A copy of all correspondence directed mographic operations shall be painted to the District Engineer, Corps of Engi- with international orange and white neers, U.S. Army, in accordance with horizontal bands. The buoys shall be of condition (i) of the Department of the light construction in order that they Army permit, shall be forwarded to the will not present a hazard to marine District Commander for those oper- commerce. ations conducted under permits au- (d) Spoil marking. (1) All submerged thorizing the erection of structures in spoil resulting from the dredging of areas in which Class ‘‘A’’, Class ‘‘B’’, or channels, laying of pipelines, or any Class ‘‘C’’ requirements must be met. other operation, which constitutes an obstruction to navigation, shall be [CGFR 58–17, 23 FR 3377, May 20, 1958, as properly marked. The spoil banks amended by CGFR 61–40, 26 FR 10353, Nov. 3, should be examined at frequent inter- 1961; CGFR 65–34, 30 FR 9485, July 29, 1965; vals in order that the changing condi- CGFR 68–95, 33 FR 15285, Oct. 15, 1968] tions may be kept under control. As markers are no longer required due to § 67.50–30 Ninth Coast Guard District. settling of banks, the Coast Guard will (a) Description. See § 3.45–1 of this authorize their removal upon applica- chapter. tion. (b) Line of demarcation. There is no (2) All openings in such submerged line of demarcation prescribed for this spoil shall be marked by daybeacons on District. When required, it will be de- each side of the openings. When spoil is termined in accordance with § 67.01–20. located on each side of a channel or The District Commander shall assign pipe line, each bank will be considered structures to classes as he deems ap- separately. The daybeacons shall be propriate at the time of application for equipped with arrows designating the a permit to establish and operate lights safe water through the opening. These and fog signals. In so doing, he shall daybeacons may also be used as chan- take into consideration matters con- nel markers for the dredged channels cerning, but not necessarily limited to, providing they are also equipped with the dimensions of the structure and the arrows designating the spoil bank depth of water in which it is located; openings. the proximity of the structure to vessel (3) When spoil banks constituting an routes; the nature and amount of ves- obstruction to navigation abut an es- tablished traveled waterway, the out- sel traffic; and the effect of background board spoil bank markers shall be lighting. equipped with quick flashing lights de- [CGFR 58–17, 23 FR 3377, May 20, 1958, as scribed in Subpart 67.30 of this part, ex- amended by CGFR 61–40, 26 FR 10353, Nov. 3, cept that the color shall be in accord- 1961]
173
VerDate 28
§ 67.50–35 Eleventh Coast Guard Dis- § 67.50–50 Seventeenth Coast Guard trict. District. (a) Description. See § 3.55–1 of this (a) Description. See § 3.85–1 of this chapter. chapter. (b) Line of Demarcation. The line of (b) Line of demarcation. There is no demarcation described in this section line of demarcation prescribed for this is for adminstrative purposes to distin- District. When required it will be de- guish between the areas in which struc- termined in accordance with § 67.01–20. tures shall be subject to Class ‘‘A’’, The District Commander shall assign ‘‘B’’, or ‘‘C’’ requirements. The line de- structures to classes as he deems ap- limits the areas to seaward of which propriate at the time of application for class ‘‘A’’ requirements are imposed. a permit to establish and operate lights The line of demarcation within the ju- and fog signals. In so doing, he shall risdiction of the District Commander is take into consideration matters con- defined as follows: cerning, but not necessarily limited to, the dimensions of the structure and the (1) Commencing at a point of latitude depth of water in which it is located; 41°59.8′ N., longitude 124°19.5′ W., thence the proximity of the structure to vessel southward along the seaward limit of routes; the nature and amount of ves- the territorial sea to; sel traffic; and the effect of background ° ′ (2) A point at latitude 32 32.0 N, lon- lighting. gitude 117°11.0′ W. (c) Structures located within a half [CGFR 68–95, 33 FR 15285, Oct. 15, 1968] nautical mile of Traffic Separation Scheme Los Angeles/Long Beach will PART 70—INTERFERENCE WITH OR also be subject to class ‘‘A’’ require- DAMAGE TO AIDS TO NAVIGA- ments. The traffic separation scheme is TION depicted on National Ocean Service Charts 18740, 18720, 18725, 18746, 18721. Subpart 70.01—Interference With Aids to [CGD11–86–02, 52 FR 37613, Oct. 8, 1987] Navigation Sec. § 67.50–45 Thirteenth Coast Guard Dis- 70.01–1 General provisions. trict. 70.01–5 Penalty. (a) Description. See § 3.65–1 of this chapter. Subpart 70.05—Collision With or Damage (b) Line of demarcation. There is no to Aids to Navigation line of demarcation prescribed for this 70.05–1 General provisions. District. When required, it will be de- 70.05–5 Penalty. termined in accordance with § 67.01–20. 70.05–10 Revocation of license. The District Commander shall assign 70.05–15 Liability for damages. structures to classes as he deems ap- 70.05–20 Report required. propriate at the time of application for AUTHORITY: Secs. 14, 16, 30 Stat. 1152, 1153; a permit to establish and operate lights secs. 84, 86, 92, 633, 642, 63 Stat. 500, 501, 503, and fog signals. In so doing, he shall 545, 547 (33 U.S.C. 408, 411, 412; 14 U.S.C. 84, 86, take into consideration matters con- 92, 633, 642). cerning, but not necessarily limited to, the dimensions of the structure and the Subpart 70.01—Interference With depth of water in which it is located; Aids to Navigation the proximity of the structure to vessel routes; the nature and amount of ves- § 70.01–1 General provisions. sel traffic; and the effect of background No person, excluding the Armed lighting. Forces, shall obstruct or interfere with [CGFR 58–17, 23 FR 3377, May 20, 1958, as any aid to navigation established and amended by CGFR 62–25, 27 FR 8733, Aug. 31, maintained by the Coast Guard, or any 1962] private aid to navigation established
174
VerDate 28
and maintained in accordance with fixed by the judge before whom tried part 64, 66, 67, or 68 of this subchapter. and convicted. [CGFR 58–17, 23 FR 3383, May 20, 1958] § 70.05–15 Liability for damages. § 70.01–5 Penalty. Any boat, vessel, scow, raft or other Any person violating the provisions craft used or employed in violating any of this section shall be deemed guilty of the provisions of § 70.05–1 shall be lia- of a misdemeanor and be subject to a ble for the pecuniary penalties speci- fine not exceeding the sum of $500 for fied in § 70.05–5, and in addition thereto each offense, and each day during for the amount of damage done by said which such violation shall continue boat, vessel, scow, raft or other craft, shall be considered a new offense. which may be proceeded against sum- [CGFR 52–15, 18 FR 12, Jan. 1, 1953] marily by way of libel in any district court of the United States having juris- Subpart 70.05—Collision With or diction thereof. Damage to Aids to Navigation § 70.05–20 Report required. Whenever any vessel collides with an SOURCE: CGFR 52–15, 18 FR 12, Jan. 1, 1953, aid to navigation established and main- unless otherwise noted. tained by the United States or any pri- § 70.05–1 General provisions. vate aid to navigation established or maintained in accordance with Part 64, No person shall take possession of or 66, 67, or 68 of this subchapter, or is make use of for any purpose, or build upon, alter, deface, destroy, move, in- connected with any such collision, it jure, obstruct by fastening vessels shall be the duty of the person in thereto or otherwise, or in any manner charge of such vessel to report the ac- whatever impair the usefulness of any cident to the nearest Officer in Charge, aid to navigation established and main- Marine Inspection, in accordance with tained by the United States. 46 CFR 4.
§ 70.05–5 Penalty. (R.S. 4450, as amended, sec. 4, 67 Stat. 462; 46 U.S.C. 239, 43 U.S.C. 1333) Every person and every corporation that shall violate, or that shall know- [CGFR 58–17, 23 FR 3383, May 20, 1958, as ingly aid, abet, authorize, or instigate amended by CGFR 61–55, 26 FR 12572, Dec. 28, a violation of the provisions of § 70.05– 1961; CGD 97–023, 62 FR 33362, June 19, 1997] 1 shall be guilty of a misdemeanor, and on conviction thereof shall be punished PART 72—MARINE INFORMATION by a fine not exceeding $2,500 or less than $500, or by imprisonment (in case Subpart 72.01—Notices to Mariners of a natural person) for not less than thirty days nor more than one year, or Sec. both, one half of such fine to be paid to 72.01–1 Purpose. the person or persons giving informa- 72.01–5 Local Notice to Mariners. tion which shall lead to conviction. 72.01–10 Notice to Mariners. 72.01–15 ––72.01–20 [Reserved] § 70.05–10 Revocation of license. 72.01–25 Marine broadcast notice to mari- Every master, pilot, and engineer, or ners. person or persons acting in such capac- 72.01–30 Temporary deficiencies. ity, respectively, on board any boat or 72.01–35 Change of address. vessel who shall willfully injure or de- 72.01–40 Single copies. stroy an aid to navigation established and maintained by the United States Subpart 72.05—Light Lists shall be deemed guilty of violating the 72.05–1 Purpose. provisions of § 70.05–1 and shall upon 72.05–5 Sales agencies. conviction be punished as provided in 72.05–10 Free distribution. § 70.05–5 and shall also have his license revoked or suspended for a term to be AUTHORITY: 14 U.S.C. 93, 49 CFR 1.46.
175
VerDate 28
Subpart 72.01—Notices to the 1st, 5th, 7th, 8th, 9th, 11th, 13th, 14th, and Mariners 17th Coast Guard districts; and (3) Compiled from foreign notices to § 72.01–1 Purpose. mariners, ship reports, and similar co- operating observer reports. The Coast Guard issues information (b) ‘‘Notice to Mariners’’ is published concerning the establishment of aids to weekly by the National Imagery and maritime navigation and the changes, Mapping Agency. The ‘‘Notice to Mari- discontinuances, and deficiencies, ex- ners’’ is prepared by the: cept temporary deficiencies that are (1) Coast Guard; easily correctable, of aids to maritime (2) National Ocean Service; and navigation maintained and operated by (3) National Imagery and Mapping or under the authority of the Coast Agency. Guard in documents and marine broad- (c) This notice may be obtained free casts having the general title of ‘‘No- of charge, upon request to the National tice to Mariners.’’ This subpart de- Ocean Service (NOS): phone: (301) 436– scribes the publications and the marine 6990/(800) 638–8972; FAX: (301) 436–6829; broadcasts. or mail: National Ocean Service/NOAA, [CGD 70–147R, 37 FR 10669, May 26, 1972] Distribution Division N/ACC3, River- dale, MD 20737–1199. Request should be § 72.01–5 Local Notice to Mariners. based on affirmative need for the infor- (a) ‘‘Local Notice to Mariners’’ re- mation. ports changes to and deficiencies in [CGD 97–023, 62 FR 33362, June 19, 1997] aids to navigation that are established or maintained and operated by or §§ 72.01–15—72.01–20 [Reserved] under the authority of the Coast Guard, and any other information per- § 72.01–25 Marine broadcast notice to taining to the waterways within each mariners. Coast Guard district that is of interest (a) The Coast Guard broadcasts no- to the mariner. tices to mariners on its own or U.S. (b) ‘‘Local Notice to Mariners’’ is Navy radio stations to report naviga- published and issued weekly by each tional warnings containing informa- Coast Guard district or more often if tion of importance to the safety of there is a need to notify mariners of navigation of vessels, such as the posi- local waterway information. tion of ice and derelicts, defects, and (c) Any person may apply to the local changes to aids to navigation, and Coast Guard District Office to be drifting mines. Radio stations broad- placed on the mailing list for the casting marine information are listed ‘‘Local Notice to Mariners.’’ The in ‘‘Radio Navigational Aids’’ (Na- ‘‘Local Notice to Mariners’’ is mailed tional Imagery and Mapping Agency to the public free of charge. publications 117A and 117B) and United States Coast Pilots. [CGD 70–147R, 37 FR 10669, May 26, 1972] (b) Any person may purchase ‘‘Radio Navigational Aids’’ from: § 72.01–10 Notice to Mariners. (1) Any authorized agent for the sale (a) ‘‘Notice to Mariners’’ is intended of National Imagery and Mapping to advise mariners of new hydrographic Agency charts and publications. discoveries, changes in channels and (2) The National Imagery and Map- navigational aids, and information con- ping Agency Depots or Offices. cerning the safety of navigation. ‘‘No- (3) The National Ocean Service tice to Mariners’’ also contains infor- (NOS): phone: (301) 436–6990/(800) 638– mation— 8972; FAX: (301) 436–6829; or mail: Na- (1) Useful in updating the latest edi- tional Ocean Service/NOAA, Distribu- tions of charts and publications of the tion Division N/ACC3, Riverdale, MD National Imagery and Mapping Agen- 20737–1199. cy, National Ocean Service, U.S. Army (c) Any person may purchase United Corps of Engineers, and Coast Guard; States Coast Pilots from any author- (2) Selected from the ‘‘Local Notice ized agent for the sale of National to Mariners’’ issued and published by Ocean Service charts and publications
176
VerDate 28
whose names and addresses are con- (5) Volume V, Mississippi River Sys- tained in the National Ocean Service tem. Chart Catalogs. (6) Volume VI, Pacific Coast and Pa- [CGD 97–023, 62 FR 33362, June 19, 1997] cific Islands. (7) Volume VII, Great Lakes. § 72.01–30 Temporary deficiencies. (b) The Light Lists contain the offi- Temporary deficiencies in aids to cial name, location, characteristics, navigation are not published in Notices and general description of federal, to Mariners when it is known that the state, and private aids to navigation defects will be corrected promptly. maintained by or under authority of the U.S. Coast Guard, which are placed [CGFR 52–15, 18 FR 13, Jan. 1, 1953] in navigable waters used by general § 72.01–35 Change of address. navigation. The Light Lists do not con- tain information concerning private Persons receiving Notices to Mari- aids to navigation maintained under ners are requested to notify the appro- the authority of the U.S. Coast Guard, priate agency of any change in address, which are placed in navigable waters giving both old and new addresses, or when Notices to Mariners are no longer not used by general navigation; nor do required. they contain information concerning mooring buoys and some special marks [CGFR 52–15, 18 FR 13, Jan. 1, 1953] having no lateral significance such as fish net, dredging, and racing buoys. § 72.01–40 Single copies. Single copies of the ‘‘Notice to Mari- (14 U.S.C. 93; 49 U.S.C. 108; 49 CFR 1.46) ners’’ described in § 72.01–10 may be ob- tained or consulted at: [CGFR 60–63, 25 FR 8949, Sept. 17, 1960, as (a) Coast Guard District Command- amended by CGFR 63–48, 28 FR 10379, Sept. ers’ Offices; 25, 1963; CGD 85–042, 50 FR 50904, Dec. 13, 1985; CGD 88–105, 54 FR 12612, Mar. 28, 1989] (b) National Ocean Service Field Of- fices; § 72.05–5 Sales agencies. (c) The National Imagery and Map- ping Agency; and Each volume of the ‘‘Light List’’ is (d) Custom Houses. for sale by the Superintendent of Docu- ments, Government Printing Office, [CGD 97–023, 62 FR 33362, June 19, 1997] Washington, D.C. 20402, and through sales agents whose names are published Subpart 72.05—Light Lists in issue No. 13 of ‘‘Notice to Mariners’’ described in § 72.01–10. Notification of § 72.05–1 Purpose. publication of a new edition of the (a) The Coast Guard publishes the ‘‘Light List’’ is published in the ‘‘No- following Light Lists annually, with tice to Mariners’’ for the particular the exception of Volume V, which is area that is covered as soon as the edi- published biennially, covering the wa- tion is available for distribution. ters of the United States, its terri- tories and possessions: [CGD 70–147R, 37 FR 10670, May 26, 1972] (1) Volume I, Atlantic Coast, from St. Croix River, Maine to Ocean City Inlet, § 72.05–10 Free distribution. Maryland. Official copies are distributed free of (2) Volume II, Atlantic Coast, from charge to Federal, State, and foreign Ocean City Inlet, Maryland to Little governments, municipalities, libraries River, South Carolina. and other public institutions. (3) Volume III, Atlantic Coast and Gulf of Mexico, from Little River, (R.S. 501, as amended, sec. 5, 38 Stat. 75; 44 South Carolina to Econfina River, U.S.C. 82, 84) Florida, and the Greater Antilles. (4) Volume IV, Gulf of Mexico, from [CGFR 51–15, 18 FR 13, Jan. 1, 1953] Econfina River, Florida to Rio Grande, Texas.
177
VerDate 28
PART 74—CHARGES FOR COAST sessed in accordance with Subpart 74.20 GUARD AIDS TO NAVIGATION of this part. WORK [CGD 81–051, 48 FR 15468, Apr. 11, 1983]
Subpart 74.01—Charges to the Public § 74.01–15 Charges for placement of temporary aids. Sec. 74.01–1 Claim for damage, destruction, or Charges for placement of temporary displacement. aids will be reimbursable and in ac- 74.01–10 Charges invoiced to owner for cordance with Subpart 74.20 of this marking sunken wrecks and other ob- part. Where the placement of tem- structions to navigation. porary aids other than those specified 74.01–15 Charges for placement of temporary is made, a reasonable equivalence will aids. be determined, and charges made ac- 74.01–20 Deposit of payment in special ac- cordingly. count.
Subpart 74.20—Aids to Navigation Costs § 74.01–20 Deposit of payment in spe- cial account. 74.20–1 Buoy and vessel use costs. Whenever an aid to navigation or AUTHORITY: 14 U.S.C. 81, 85, 86, 92, 93, 141, other property belonging to the Coast 633, 642, 647; 49 CFR 1.46 (b). Guard is damaged or destroyed by a SOURCE: CGFR 58–50, 24 FR 5608, July 11, private person, such person shall pay 1959, unless otherwise noted. to the satisfaction of the Coast Guard the cost of repair or replacement of Subpart 74.01—Charges to the such property. The Coast Guard will Public accept and deposit such payment in a special account in the Treasury for § 74.01–1 Claim for damage, destruc- payment therefrom of the cost of re- tion, or displacement. pairing or replacing the damaged prop- Whenever an aid to navigation is erty. Funds collected in excess of the damaged, destroyed, or displaced from cost to make repairs or replacements its station, a claim shall be made on shall be refunded. behalf of the United States in accord- ance with Part 25 of this title. Subpart 74.20—Aids to Navigation [CGFR 70–7, 35 FR 4048, Mar. 4, 1970] Costs
§ 74.01–10 Charges invoiced to owner § 74.20–1 Buoy and vessel use costs. for marking sunken wrecks and (a) The buoy and vessel use costs for other obstructions to navigation. establishing, maintaining, repairing, Charges for the establishment, main- replacing, or removing an aid to navi- tenance, and replacement by the Coast gation under the requirements of this Guard of an aid, either permanent or part are contained in COMDTNOTE temporary, to mark a sunken wreck or 7310 (series) which is available at the other obstruction to navigation are Office of the Comptroller of the appro- calculated to recover the Coast Guard priate Coast Guard District Com- costs involved in, or associated with, mander. the marking process. These charges (b) Buoy and vessel use charges under will be invoiced to the owner of the ob- this part are made for the cost or value struction. Charges for the removal of of time, in hours, consumed by the aids to navigation established by the Government vessel, including ship’s Coast Guard will be invoiced to the complement, employed in marking the owner unless the District Engineer re- obstruction. No charge for time and ex- quests the continued marking of the pense of Coast Guard vessels is made obstruction. All charges will be as- when the marking of the obstruction
178
VerDate 28
causes only minimal interruption of excess, the Commandant will submit routinely scheduled ship’s duty. the request to that administration for further action); and [CGD 81–051, 48 FR 15468, Apr. 11, 1983] (b) Such equipment is not readily procurable in the open market. Re- PART 76—SALE AND TRANSFER OF quests to purchase such apparatus or AIDS TO NAVIGATION EQUIPMENT equipment shall give sufficient reasons why the article or articles cannot be Subpart 76.01—Sale of Equipment readily procured in the open market. If the Commandant considers that an ar- Sec. 76.01–1 Sale of equipment not readily pro- ticle can be readily procured in the curable. open market the prospective purchaser 76.01–5 Sale of condemned equipment. will be so informed, and given the names of dealers or manufacturers. Subpart 76.10—Federal Agencies Sales shall be invoiced at cost plus 25 percent for overhead. Proceeds of such 76.10–1 Exemption. sales shall be deposited in the Treasury AUTHORITY: Sec. 92, 63 Stat. 503; sec. 641, 63 to the credit of the current appropria- Stat. 547, as amended (14 U.S.C. 92, 641). tion for operating expenses, Coast SOURCE: CGFR 52–15, 18 FR 14, Jan. 1, 1953, Guard. unless otherwise noted. § 76.01–5 Sale of condemned equip- Subpart 76.01—Sale of Equipment ment. When any condemned supplies, mate- § 76.01–1 Sale of equipment not readily rials, or equipment cannot be profit- procurable. ably used in work of the Coast Guard, The Commandant is authorized to they will be disposed of under appro- sell aids to navigation apparatus or priate regulations of the General Serv- equipment to foreign, state, or munici- ices Administration. Applications for pal governments or departments there- purchase of such materials may be sub- of; parties required to maintain private mitted to the Commandant who will aids to navigation to mark wrecks, process them for further action under piers, or other obstructions; contrac- the applicable regulations. tors engaged on public works; and in other cases in which in the judgment of Subpart 76.10—Federal Agencies the Commandant the public interest may be served: Provided: § 76.10–1 Exemption. (a) Such equipment has not been re- Nothing in this part shall be con- ported by the Coast Guard to the Gen- strued to affect the regulations con- eral Services Administration as excess cerning the transfer of supplies, mate- (if the equipment has been reported to rials, equipment, or land between other the General Services Administration as Federal agencies.
179
VerDate 28
SUBCHAPTER C—AIDS TO NAVIGATION
EDITORIAL NOTE: This listing is provided for informational purposes only. It is compiled and kept up-to-date by the Coast Guard, Department of Transportation.
A Action by Coast Guard ...... 66.01-15 Aids to Navigation on Artificial Islands and Fixed Structures ...... Part 67 Aids to navigation ...... 66.10-15 Apparatus requirements...... 67.10-1 Application for tests...... 67.10-25 Application procedure...... 66.01-5 Applications ...... Subpart 67.35 Approval of fog signals ...... 67.10-15 Approval of markings ...... 64.13 Arrangement of obstruction lights ...... 67.05-1 B Basic provisions ...... 66.01-1 Beacons and buoys ...... 62.23 Buoys and vessel use costs ...... 74.20-1 C Calibration...... 62.59 Carrier type operation ...... 62.57 Caution ...... 62.61 Change and modification of State aid to navigation ...... 66.05-25 Change of address ...... 72.01-35 Characteristics of obstruction lights...... 67.05-10 Characteristics ...... 66.01-10 Charges for Coast Guard Aids to Navigation Work ...... Part 74 Charges for placement of temporary aids...... 74.01-15 Charges invoiced to owner for marking sunken wrecks and other ob- structions to navigation...... 74.01-10 Charges invoiced to owner...... 67.40-20 Claim for damage, destruction, or displacement ...... 74.01-1 Class ‘‘A’’ Requirements ...... Subpart 67.20 Class ‘‘B’’ Requirements ...... Subpart 67.25 Class ‘‘C’’ Requirements ...... Subpart 67.30 Coast Guard-State agreements...... 66.05-20 Collision or Interference with Aids to Navigation ...... Part 70 Communications with owner ...... 67.40-10 Contents of...... 67.35-5 Corps of Engineers’ approval ...... 66.01.30, 66.05-40
181
VerDate 28
D Defects and discrepancies, procedure for reporting ...... 62.65 Definition of terms ...... 62.3, 64.06, 66.05-5 Delegation of authority to District Commanders ...... 66.01-3 Deposit of payment in special account...... 74.01-20 Designation of navigable waters as State waters...... 66.05-100 Designations, revisions, and revocations of State waters for private aids to navigation ...... 66.05-10 Determination of hazard to navigation ...... 64.31 Discontinuance and removal ...... 66.01-25 District Regulations ...... 67.50 Duration of marking on structures...... 64.23 E Exemption, Federal Agencies...... 76.10-1 Exemptions...... 66.01-40 F Fog signal tests ...... 67.10-20 Fog signals ...... 67.20-10, 67.25-10, 67.30-10 Fog signals authorized for use prior to January 1, 1973 ...... 67.10-40 Fog signals, general requirements for...... Subpart 67.10 Free distributions...... 72.05-10 G General provisions ...... 70.01.1, 70.05-1 Geometric shapes and wording on regulatory markers ...... 66.10-10 I Information and regulatory marks...... 62.33 Inspection ...... 66.01-20 Intracoastal Waterway identification ...... 62.49 Isolated danger marks ...... 62.29 L Large navigational buoys ...... 62.39 Lateral marks...... 62.25 Liability for damages ...... 70.05-15 Light characteristics ...... 62.45 Light Lists ...... Subpart 72.05 Lighthouses ...... 62.37 Lights and signals on attendant vessels ...... 67.15-1 Lights, general requirements...... Subpart 67.05 Local Notice to Mariners ...... 72.01-5 Location requirements...... 67.10-5 M Marine broadcast notice to mariners ...... 72.01-25 Marine Information ...... Part 72 Maritime Radiobeacons ...... 62.55 Marking and notification requirements ...... 64.11, 64.21 Marking at owner’s expense ...... 67.40-15 Marking by Coast Guard...... 64.33
182
VerDate 28
Marking for marine parades and regattas ...... 62.5 Marking of Structures, Sunken Vessels, and other Obstructions...... Part 64 Minimum lighting requirements ...... 67.05-20 Mooring (anchor) buoys...... 66.10-45 Mooring buoys ...... 62.35 Multiple obstruction lights...... 67.01-5 N Navigation lights...... 66.10-35 Notice of approval and withdrawal of approval ...... 67.10-35 Notice to Mariners ...... 66.05-30, 72.01-10 Notification...... Subpart 67.40 Numbers, letters or words on markers ...... 66.10-25 O Obstruction lights...... 67.20-5, 67.25-5, 67.30-5 Operating periods of obstruction lights...... 67.05-15 Operating requirements...... 67.10-10 Ownership identification ...... 66.10-40 P Penalties...... 66.01-45 Penalty...... 67.40-25, 70.01-5, 70.05-5 Private aids to navigation...... 67.35-10 Private Aids to Navigation other than Federal and State...... Subpart 66.01 Private aids to navigation other than State owned ...... 66.05-35 Procedure, applications ...... 67.35-1 Protection of private aids to navigation ...... 66.01-50 Public recommendations ...... 62.63 Purpose...... 62.1, 64.01, 66.05-1, 72.01-1, 72.05-1 R Racons ...... 62.53 Reflectors or retroreflective materials ...... 66.10-30 Regulatory markers ...... 66.10-5 Report required ...... 70.05-20 Revocation of license...... 70.05-10 S Safe water marks...... 62.27 Sale and Transfer of Aids to Navigation Equipment ...... Part 76 Sale of condemned equipment...... 76.01-5 Sale of equipment not readily procurable...... 76.01-1 Sales agencies ...... 72.05-5 Scope, marking of obstructions ...... 64.03 Seismographic and surveying operations...... 67.15-5 Single copies...... 72.01-40 Size, shape, material, and construction of markers ...... 66.10-20 Sound signals...... 62.47 Special lighting requirements ...... 67.05-25 Special marks ...... 62.31 Spoil banks, artificial islands, and dredged channels...... 67.15-10 State Aids to Navigation ...... Subpart 66.05 Structures...... 67.20-1, 67.25-1, 67.30-1
183
VerDate 28
T Temporary deficiencies ...... 72.01-30 To District Commander ...... 67.40-1 To whom addressed...... 67.35-15 Transfer of ownership ...... 66.01-55 U Uniform State Waterway Marking System...... Subpart 66.10 United States Aids to Navigation System...... Part 62 W Waivers ...... 67.40-5 Western Rivers marking system...... 62.51 Withdrawal of approval ...... 67.10-30
184
VerDate 28