SUBCHAPTER C—AIDS TO NAVIGATION

CROSS REFERENCE: Corps of Engineers, De- aids to navigation operated by the partment of the Army, see Chapter II of this other armed services, and private aids title. to navigation operated by other per- sons. PART 60 [RESERVED] (b)(1) This part describes the general characteristics of the U.S. Aids to PART 62—UNITED STATES AIDS TO Navigation System, and the details, NAVIGATION SYSTEM policies and procedures employed by the Coast Guard in establishing, main- Subpart A—General taining, operating, changing or dis- Sec. continuing Federal aids to navigation. 62.1 Purpose. Regulations concerning the marking of 62.3 Definition of terms. wrecks, structures, and other obstruc- 62.5 Marking of marine parades and regat- tions are found in 33 CFR part 64. Regu- tas. lations concerning private aids are found in 33 CFR part 66. Regulations Subpart B—The U.S. Aids to Navigation concerning the marking of artificial is- System lands and structures which are erected 62.21 General. on or over the seabed and subsoil of the 62.23 Beacons and buoys. Outer Continental Shelf of the United 62.25 Lateral marks. States or its possessions are found in 33 62.27 Safe water marks. 62.29 Isolated danger marks. CFR part 67. Regulations concerning 62.31 Special marks. the marking of bridges are found in 33 62.32 Inland waters obstruction mark. CFR part 118. Regulations concerning 62.33 Information and regulatory marks. aids to navigation at deepwater ports 62.35 Mooring buoys. are found in subchapter NN of this 62.37 Lighthouses. chapter. 62.41 Ranges. 62.43 Numbers and letters. (2) The regulations found in 33 CFR 62.45 Light characteristics. subpart 66.10 expire on December 31, 62.47 Sound signals. 2003, at which time the provisions of 62.49 Intracoastal Waterway identification. this part will apply. 62.51 Western Rivers Marking System. (c) The Coast Guard maintains sys- 62.53 Racons. 62.54 Ownership identification. tems of marine aids to navigation con- sisting of visual, audible, and elec- Subpart C [Reserved] tronic signals which are designed to as- sist the prudent mariner in the process Subpart D—Public Participation in the Aids of navigation. The aids to navigation to Navigation System system is not intended to identify 62.63 Recommendations. every shoal or obstruction to naviga- 62.65 Procedure for reporting defects and tion which exists in the navigable wa- discrepancies. ters of the United States, but rather AUTHORITY: 14 U.S.C. 85; 33 U.S.C. 1222, 1233; provides for reasonable marking of ma- 43 U.S.C. 1333; Department of Homeland Se- rine features as resources permit. The curity Delegation No. 0170. primary objective of the aids to navi- SOURCE: CGD 86–031, 52 FR 42640, Nov. 6, gation system is to mark navigable 1987, unless otherwise noted. channels and waterways, obstructions adjacent to these waterways, and ob- Subpart A—General structions in areas of general naviga- tion which may not be anticipated. § 62.1 Purpose. Other waters, even if navigable, are (a) The Coast Guard administers the generally not marked. U.S. Aids to Navigation System. The [CGD 86–031, 52 FR 42640, Nov. 6, 1987, as system consists of Federal aids to navi- amended by CGD 88–018, 54 FR 48608, Nov. 24, gation operated by the Coast Guard, 1989; CGD 97–018, 63 FR 33573, June 19, 1998]

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§ 62.3 Definition of terms. Subpart B—The U.S. Aids to Certain terms as used in this sub- Navigation System chapter are defined as follows: (a) Aid to Navigation. The term aid to § 62.21 General. navigation means any device external (a) The navigable waters of the to a vessel or aircraft intended to as- United States and non-navigable State sist a navigator to determine position waters after December 31, 2003, are or safe course, or to warn of dangers or marked to assist navigation using the obstructions to navigation. U.S. Aids to Navigation System, a sys- (b) Commerce. The term commerce, in tem consistent with the International addition to general, national and inter- Association of Lighthouse Authorities national trade and commerce of the (IALA) Maritime Buoyage System. The United States, includes trade and trav- IALA Maritime Buoyage System is fol- el by seasonal passenger craft (marine lowed by most of the world’s maritime and air), yachts, houseboats, fishing nations and will improve maritime boats, motor boats, and other craft, safety by encouraging conformity in whether or not operated for hire or buoyage systems worldwide. IALA profit. buoyage is divided into two regions (c) Commandant. The term Com- made up of Region A and Region B. All mandant means the Commandant of navigable waters of the United States the Coast Guard. follow IALA Region B, except U.S. pos- (d) District Commander. The term Dis- sessions west of the International Date trict Commander means the com- Line and south of 10 degrees north lati- mander of a Coast Guard District. tude, which follow IALA Region A. Coast Guard Districts are listed in Part Lateral aids to navigation in Region A 3 of this chapter. vary from those described throughout (e) Corps of Engineers. The term Corps this Subpart. Non-lateral aids to navi- of Engineers means the Corps of Engi- gation are the same as those used in neers, Department of the Army. Region B. See § 62.25. Appropriate nau- tical charts and publications should be (f) Person. The term person imparts consulted to determine whether the both singular or plural, as the case de- Region A or Region B marking schemes mands, and includes any Federal Agen- are in effect for a given area. cy, State, Territory, possession, or public subdivision thereof, the District (b) The U.S. Aids to Navigation Sys- of Columbia, and any corporation, com- tem is designed for use with nautical pany, association, club, or other in- charts. Nautical charts portray the strumentality. physical features of the marine envi- ronment, including soundings and (g) Navigable waters of the United other submarine features, landmarks, States. The term navigable waters of and other aids necessary for the proper the United States is defined in § 2.36(a) navigation of a vessel. This crucial in- of this chapter. formation cannot be obtained from [CGD 86–031, 52 FR 42640, Nov. 6, 1987, as other sources, even ones such as topo- amended by USCG–2001–9044, 68 FR 42601, graphic maps, aeronautical charts, or July 18, 2003] 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. protecting life and property, or to as- (c) The navigator should maintain sist in the observance and enforcement and consult suitable publications and of special regulations. For marine pa- instruments for navigation depending rade and regatta regulations, see Part on the vessel’s requirements. This ship- 100 of this chapter. board equipment is separate from the (b) [Reserved] aids to navigation system, but is often

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essential to its use. The following pub- Local Notice to Mariners with more lications are available from the U.S. timely information. Mariners should Government to assist the navigator: monitor VHF-FM channel 16 to locate (1) The Light List, published by the Coast Guard Marine Information Coast Guard and available through the Broadcasts. Government Printing Office or author- (d) The U.S. Aids to Navigation Sys- ized sales agents, lists federal and pri- tem is primarily a lateral system vate aids to navigation. It includes all which employs a simple arrangement major Federal aids to navigation and of colors, shapes, numbers, and light those private aids to navigation, which characteristics to mark the limits of have been deemed to be important to navigable routes. This lateral system is general navigation, and includes a supplemented by nonlateral aids to physical description of these aids and navigation where appropriate. their locations. (e) Generally, lateral aids to naviga- (2) The United States Coast Pilot, tion indicate on which side of a vessel published by the National Ocean Serv- an aid to navigation should be passed ice and available through that agency when the vessel is proceeding in the or authorized nautical chart sales Conventional Direction of Buoyage. agents, supplements the information Normally, the Conventional Direction shown on nautical charts. Subjects of Buoyage is the direction in which a such as local navigation regulations, vessel enters navigable channels from channel and anchorage peculiarities, seaward and proceeds towards the head dangers, climatalogical data, routes, of navigation. In the absence of a route and port facilities are covered. leading from seaward, the Conven- (3) Local Notices to Mariners are tional Direction of Buoyage generally published by local Coast Guard District follows a clockwise direction around Commanders. Persons may be placed land masses. For example, proceeding on the mailing list to receive local No- southerly along the Atlantic Coast, tices by contacting the Aids to Naviga- from Florida to Texas along the Gulf tion and Waterway Management Coast, and northerly along the Pacific Branch of the appropriate Coast Guard Coast are considered as proceeding in District. These notices pass informa- the Conventional Direction of Buoyage. tion affecting navigation safety. In some instances, this direction must Changes to aids to navigation, reported be arbitrarily assigned. Where doubt dangers, scheduled construction or exists, the mariner should consult other disruptions, chart corrections charts and other nautical publications. and similar useful marine information (f) Although aids to navigation are is made available through this publica- maintained to a reasonable degree of tion. reliability, the rigors of the marine en- (4) The Notice to Mariners is a na- vironment and various equipment fail- tional publication, similar to the Local ures do cause discrepancies on occa- Notice to Mariners, published by the sion. National Imagery and Mapping Agen- (g) The Coast Guard makes reason- cy. The notice may be obtained free of able efforts to inform the navigator of charge from commercial maritime known discrepancies, and to correct sources and, upon request, to Defense them within a reasonable period of Logistics Agency, Defense Supply Cen- time, depending upon resources avail- ter Richmond, ATTN: JNB, 8000 Jeffer- able. Occasionally, a temporary aid to son Davis Highway, Richmond, VA navigation, which provides different 23297–5100 or FAX 804–279–6510, ATTN: but similar service, is deployed until Accounts Manager, RMF. A letter of permanent repairs can be made to the justification should be included in the original aid. Notification of such tem- request. This publication provides porary changes is made through the ocean going vessels significant infor- notice to mariners system. mation on national and international (h) Mariners should exercise caution navigation and safety. when using private aids to navigation (5) The mariner should also listen to because private aids are often estab- Coast Guard Broadcast Notices to lished to serve the needs of specific Mariners. These broadcasts update the users rather than general navigation

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and their purpose may not be obvious (iii) Pillar buoys have a wide cylin- to casual users; and, discrepancies to drical base supporting a narrower su- private aids are often detected, re- perstructure. They may be surmounted ported, and corrected less promptly by colored shapes called topmarks. than discrepancies to Coast Guard aids (iv) Spherical buoys have a round to navigation. shape. (2) Mariners attempting to pass a [CGD 86–031, 52 FR 42640, Nov. 6, 1987, as buoy close aboard risk collision with a amended by CGD 88–018, 54 FR 48608, Nov. 24, 1989; CGD 97–018, 63 FR 33573, June 19, 1998; yawing buoy, the buoy’s mooring, or USCG–2001–9286, 66 FR 33640, June 25, 2001] with the obstruction which the buoy marks. § 62.23 Beacons and buoys. (3) Mariners should not rely on buoys (a) Aids to navigation are placed on alone for determining their positions shore or on marine sites to assist a due to factors limiting their reli- navigator to determine his position or ability. Prudent mariners will use safe course. They may mark limits of bearings or angles from beacons or navigable channels, or warn of dangers other landmarks, soundings, and var- or obstructions to navigation. The pri- ious methods of electronic navigation. mary components of the U.S. Aids to Buoys vary in reliability because: Navigation System are beacons and (i) Buoy positions represented on buoys. nautical charts are approximate posi- (b) Beacons are aids to navigation tions only, due to practical limitations structures which are permanently fixed in positioning and maintaining buoys to the earth’s surface. They range from and their sinkers in precise geo- graphical locations. large lighthouses to small, single-pile (ii) Buoy moorings vary in length. structures and may be located on land The mooring lengths define a ‘‘watch or in the water. Lighted beacons are circle’’, and buoys can be expected to called lights; unlighted beacons are move within this circle. Actual watch called daybeacons. circles do not coincide with the dots or (1) Beacons exhibit a daymark. For circles representing them on charts. small structures these are colored geo- (iii) Buoy positions are normally metric shapes which make an aid to verified during periodic maintenance navigation readily visible and easily visits. Between visits, environmental identifiable against background condi- conditions, including atmospheric and tions. Generally, the daymark conveys sea conditions, and seabed slope and to the mariner, during daylight hours, composition, may shift buoys off their the same significance as does the aid’s charted positions. Also buoys may be light or reflector at night. The dragged off station, sunk, or capsized daymark of large lighthouses and tow- by a collision with a vessel. ers, however, consists of the structure itself. As a result, these daymarks do [CGD 86–031, 52 FR 42640, Nov. 6, 1987; CGD 86– not infer lateral significance. 031, 52 FR 46351, Dec. 5, 1987] (2) Vessels should not pass beacons close aboard due to the danger of colli- § 62.25 Lateral marks. sion with rip-rap or structure founda- (a) Lateral marks define the port and tions, or the obstruction or danger that starboard sides of a route to be fol- the aid marks. lowed. They may be either beacons or (c) Buoys are floating aids to naviga- buoys. tion used extensively throughout U.S. (b) Sidemarks are lateral marks waters. They are moored to the seabed which advise the mariner to stay to by sinkers with chain or other moor- one side of the mark. Their most fre- ings of various lengths. quent use is to mark the sides of chan- (1) The daymark of a buoy is the nels; however, they may be used indi- color and shape of the buoy and, if so vidually to mark obstructions outside equipped, of the topmark. of clearly defined channels. Sidemarks (i) Can buoys have a cylindrical are not always placed directly on a shape. channel edge and may be positioned (ii) Nun buoys have a tapered, conical outside the channel as indicated on shape. charts and nautical publications.

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(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 [CGD 86–031, 52 FR 42640, Nov. 6, 1987, as the right side of channels when pro- amended by CGD 88–018, 54 FR 48608, Nov. 24, ceeding in the Conventional Direction 1989] of Buoyage. Beacons have red tri- angular daymarks, while buoys are red § 62.29 Isolated danger marks. nun or pillar buoys. Isolated danger marks indicate an (c) Preferred channel marks indicate isolated danger which may be passed channel junctions or bifurcations and on all sides. As these marks are erected may also mark wrecks or obstructions or moored on or near dangers, they which the mariner, after consulting a should not be approached closely with- chart to ascertain the location of the out special caution. These marks are obstruction relative to the aid, may colored black with one or more broad pass on either side. Preferred channel horizontal red bands and are equipped marks have red and green horizontal with a topmark of two black spheres, bands with the color of the topmost one above the other. band indicating the preferred channel. 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, 1989] following the preferred channel pro- ceeding in the Conventional Direction § 62.31 Special marks. of Buoyage, and as a starboard hand Special marks are not primarily in- mark for the other channel. Beacons tended to assist safe navigation, but to would have square daymarks, while indicate special areas or features re- buoys would be can or pillar buoys. If ferred to in charts or other nautical the topmost band is red, the mark publications. They may be used, for ex- serves as a starboard hand mark for ample, to mark anchorages, cable or vessels following the preferred channel pipeline areas, traffic separation proceeding in the Conventional Direc- schemes, military exercise zones, ocean tion of Buoyage, and a port hand mark data acquisition systems, etc. Special for the other channel. Beacons would marks are colored solid yellow. have triangular daymarks, while buoys would be nun or pillar buoys. § 62.32 Inland waters obstruction (d) The above color schemes apply to mark. IALA Region B. Marks located in the (a) On inland waters designated by IALA Region A exhibit reversed color the Commandant as State waters in ac- significance: port hand marks will be cordance with § 66.05–5 of this chapter red when following the Conventional and on non-navigable internal waters Direction of Buoyage, and starboard of a State which have no defined head hand marks will be green. The meaning of navigation, a buoy showing alter- of daymark and buoy shapes is iden- nate vertical black and white stripes tical in both regions. may be used to indicate to a vessel op- (e) Certain marks on the Intracoastal erator that an obstruction to naviga- Waterway may exhibit reversed lateral tion extends from the nearest shore to significance. See § 62.49. the buoy. [CGD 86–031, 52 FR 42640, Nov. 6, 1987, as (b) The black and white buoy’s mean- amended by CGD 88–018, 54 FR 48608, Nov. 24, ing is ‘‘do not pass between the buoy 1989] and the shore’’. The number of white and black stripes is discretionary, pro- § 62.27 Safe water marks. vided that the white stripes are twice Safe water marks indicate that there the width of the black stripes. Prior to is navigable water all around the mark. December 31, 2003, this aid shall not be They are often used to indicate fair- used on a waterway which has a red ways or midchannels, or the seaward and white striped obstruction marker

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defined in § 66.10–15(e)(3) of this chap- § 62.41 Ranges. ter, unless all obstruction markers are Ranges are aids to navigation sys- replaced. tems employing dual beacons which, [CGD 97–018, 63 FR 33573, June 19, 1998] when the structures appear to be in line, assist the mariner in maintaining § 62.33 Information and regulatory a safe course. The appropriate nautical marks. chart must be consulted when using (a) Information and Regulatory ranges to determine whether the range Marks are used to alert the mariner to marks the centerline of the navigable various warnings or regulatory mat- channel and also to ascertain what sec- ters. These marks have orange geo- tion of the range may be safety tra- metric shapes against a white back- versed. Ranges are generally, but not ground. The meanings associated with always, lighted, and display rectan- the orange shapes are as follows: gular daymarks of various colors. (1) A vertical open-faced diamond sig- [CGD 86–031, 52 FR 42640, Nov. 6, 1987; CGD 86– nifies danger. 031, 52 FR 46351, Dec. 5, 1987] (2) A vertical diamond shape having a cross centered within indicates that § 62.43 Numbers and letters. vessels are excluded from the marked (a) All solid red and solid green aids area. are numbered, with red aids bearing (3) A circular shape indicates that even numbers and green aids bearing certain operating restrictions are in ef- odd numbers. The numbers for each in- fect within the marked area. crease in the Conventional Direction of (4) A square or rectangular shape will Buoyage. Numbers are kept in approxi- contain directions or instructions let- mately sequence on both sides of the tered within the shape. channel by omitting numbers where (b) When a buoy is used as an infor- necessary. mation or regulatory mark it shall be white with two horizontal orange (b) Only sidemarks are numbered. bands placed completely around the However, aids other than those men- buoy circumference. One band shall be tioned above may be lettered to assist near the top of the buoy body, with a in their identification, or to indicate second band placed just above the wa- their purpose. Sidemarks may carry terline of the buoy so that both bands letters in addition to numbers to iden- are clearly visible. tify the first aid to navigation in a wa- terway, or when new aids to navigation [CGD 86–031, 52 FR 42640, Nov. 6, 1987, as are added to channels with previously amended by CGD 97–018, 63 FR 33573, June 19, completed numerical sequences. Let- 1998] ters on sidemarks will follow alphabet- § 62.35 Mooring buoys. ical order from seaward and proceeding toward the Conventional Direction of Mooring Buoys are white with a blue Buoyage and will be added to numbers horizontal band. This distinctive color as suffixes. scheme is recommended to facilitate (c) Aids to navigation may be fitted identification and to avoid confusion with light-reflecting material to in- with aids to navigation. crease their visibility in darkness. The § 62.37 Lighthouses. colors of this material may convey the same significance as the aid except Lighthouses are prominent beacons that letters and numbers may be white. of varying size, color, and appearance (d) Exceptions to the provisions of employed to mark headlands, landfalls, this section will be found on the West- harbor entrances, channel edges, haz- ern Rivers System. See § 62.51. ards, and other features. While nor- (e) The guidelines for the display of mally identified by their distinctive appearance, some lighthouses display numbers and letters on aids to naviga- diamond shaped, checkered daymarks tion are identical for both Region A to facilitate recognition. and Region B; red aids to navigation

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display even numbers, and green aids (3) Safe Water Marks display a white display odd numbers. Morse Code ‘‘A’’ rhythm (short-long flash). [CGD 86–031, 52 FR 42640, Nov. 6, 1987, as 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 used on Preferred Channel Marks change of color as the boundary be- where the topmost band is green. tween the sectors is crossed. As sector (2) Red lights mark starboard (right) bearings are not precise, they should be sides of channels and locations of considered a warning only and not used wrecks or obstructions which are to be to determine exact bearing to the passed by keeping these lights on the light. starboard (right) hand of a vessel. Red (f) Aids to navigation may be fitted lights are also used on Preferred Chan- with light-reflecting material to in- nel Marks where the topmost band is crease their visibility in darkness. red. Green or red reflective material is used (3) Certain lights marking the Intra- only on marks which, if lighted, would coastal Waterway may display reversed exhibit a light of that color. Yellow re- lateral significance. See § 62.49. flective material is used on special (c) Yellow lights have no lateral sig- marks and on Intracoastal Waterway nificance. Except on the Western Riv- marks. No significance is attached to ers, see § 62.51, white lights have no lat- white reflective material. eral significance. The purpose of aids [CGD 86–031, 52 FR 42640, Nov. 6, 1987, as exhibiting white or yellow lights may amended by CGD 88–018, 54 FR 48608, Nov. 24, be determined by their shape, color, 1989; CGD 97–018, 63 FR 33573, June 19, 1998] letters or numbers, and the light rhythm employed. § 62.47 Sound signals. (d) Light rhythms, except as noted in (a) Often sound signals are located on § 62.51 for the Western Rivers, are em- or adjacent to aids to navigation. When ployed as follows: visual signals are obscured, sound sig- (1) Aids with lateral significance dis- nals warn mariners of the proximity of play regularly flashing or regularly danger. occulting light rhythms. Ordinarily, (1) Sound signals are distinguished by flashing lights (frequency not exceed- their tone and phase characteristics. ing 30 flashes per minute) will be used. (i) Tones are determined by the de- (2) Preferred Channel Marks display a vices producing the sound (i.e., composite group flashing light rhythm diaphones, diaphragm horns, reed (groups of two flashes followed by one horns, sirens, whistles, bells and flash). gongs).

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(ii) Phase characteristics are defined terway in a southerly direction on the by the signal’s sound pattern, i.e., the Atlantic Coast, in a westerly direction number of blasts and silent periods per on the Okeechobee Waterway, or in a minute and their durations. Sound sig- westerly direction along the Gulf nals emanating from fixed structures Coast. generally produce a specific number of [CGD 86–031, 52 FR 42640, Nov. 6, 1987; CGD 86– blasts and silent periods each minute 031, 52 FR 46351, Dec. 5, 1987] when operating. Buoy sound signals are generally actuated by the motion of § 62.51 Western Rivers Marking Sys- the sea and therefore do not emit a reg- tem. ular signal characteristic. (a) A variation of the standard U.S. (2) Where no live watch is main- aids to navigation system described tained, sound signals are normally op- above is employed on the Mississippi erated continuously. However, some River and tributaries above Baton are equipped with fog detectors which Rouge, LA and on certain other rivers activate sound signals when visibility which flow toward the Gulf of Mexico. falls below a predetermined limit. (b) The Western Rivers System varies (b) Mariners should not rely solely on from the standard U.S. system as fol- sound signals to determine their posi- lows: tions for the following reasons: (1) Buoys are not numbered. (1) Distance cannot be accurately de- (2) Numbers on beacons do not have termined by sound intensity. odd/even lateral significance but, rath- (2) Occasionally sound signals may er, indicate mileage from a fixed point not be heard in areas close to their lo- (normally the river mouth). cation. (3) Diamond-shaped non-lateral (3) Signals may not sound in cases dayboards, checkered red-and-white or where fog exists close to, but not at, green-and-white, similar to those used the location of the sound signal. in the U.S. Aids to Navigation System, (4) As buoy signals are generally acti- as appropriate, are used as crossing vated by sea motion, they may produce dayboards where the river channel no signals when seas are calm. crosses from one bank to the other. (5) As previously noted, buoy posi- (4) Lights on green buoys and on bea- tions are not always reliable. Therefore cons with green daymarks show a sin- their sound signals cannot be assumed gle flash which may be green or white. to be emanating from a fixed position. (5) Lights on red buoys and on bea- cons with red daymarks show a double § 62.49 Intracoastal Waterway identi- flash [Group Flashing (2)] which may fication. be red or white. (a) In addition to the conventional (6) Isolated danger marks are not signals, aids to navigation marking the used. Intracoastal Waterway exhibit unique [CGD 86–031, 52 FR 42640, Nov. 6, 1987, as yellow symbols to distinguish them amended by CGD–94–091, 61 FR 27782, June 3, from aids marking other waters. 1996; USCG–2001–9286, 66 FR 33640, June 25, (1) Yellow triangles indicate that 2001] aids to navigation so marked should be passed keeping them on the starboard § 62.53 Racons. (right) hand of a vessel, regardless of (a) Aids to navigation may be en- the aid’s number, color, or light color. hanced by the use of radar beacons (2) Yellow squares indicate that aids (racons). Racons, when triggered by a to navigation so marked should be radar signal, will transmit a coded passed keeping them on the port (left) reply to the interrogating radar. This hand of a vessel, regardless of the aid’s reply serves to identify the aid station number, color, or light color. by exhibiting a series of dots and (3) A horizontal yellow band provides dashes which appear on the radar dis- no lateral information, but simply play in a line emanating radially from identifies aids to navigation as mark- just beyond the echo of the aid station. ing the Intracoastal Waterway. Although racons may be used on both (b) The above guidelines apply for laterally significant and non-laterally vessels traversing the Intracoastal Wa- significant aids alike, the racon signal

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itself is for identification purposes it is not possible to maintain every aid only, and therefore carries no lateral operating properly and on its charted significance. position at all times. Marine safety (b) Racons are also used as bridge will be enhanced if persons finding aids marks to mark the best point of pas- missing, sunk, capsized, damaged, off sage. station, or showing characteristics other than those advertised in the § 62.54 Ownership identification. Light List, or other publication, Ownership identification on private promptly inform the Coast Guard. or state aids to navigation is permitted When making the report to the Coast so long as it does not change or hinder Guard the mariner should consult the an understanding of the meaning of the Light List to ensure the correct geo- aid to navigation. graphical information is used due to the similarity of names and geo- [CGD 97–018, 63 FR 33573, June 19, 1998] graphical areas. (c) Procedures for reporting defects Subpart C [Reserved] 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 three of Radio § 62.63 Recommendations. Navigation Aids Publication, 117, for (a) The public may recommend relay to the relevant District Com- changes to existing aids to navigation, mander. request new aids or the discontinuation (2) Telephone, e-mail, or facsimile of existing aids, and report aids no messages may also be used to advise longer necessary for maritime safety. the nearest Coast Guard unit of defects These recommendations should be sent or discrepancies in aids to navigation. to the appropriate District Com- (3) Via our Web portal at http:// mander. www.navcen.uscg.gov. (b) Recommendations, requests and [CGD 86–031, 52 FR 42640, Nov. 6, 1987, as reports should be documented with as amended by USCG–2000–7223, 65 FR 40054, much information as possible to justify June 29, 2000; USCG–2001–9286, 66 FR 33640, the proposed action. Desirable informa- June 25, 2001; USCG–2001–10714, 69 FR 24982, tion includes: May 5, 2004; USCG–2008–0179, 73 FR 35002, (1) Nature of the vessels which tran- June 19, 2008] sit the area(s) in the question, includ- ing type, displacement, draft, and num- PART 64—MARKING OF STRUC- ber of passengers and crew. TURES, SUNKEN VESSELS AND (2) Where practicable, the kinds of OTHER OBSTRUCTIONS navigating devices used aboard such vessels (e.g, magnetic or gyro com- Subpart A—General passes, radio direction finders, radar, Sec. loran, and searchlights). 64.01 Purpose. (3) A chartlet or sketch describing 64.03 Scope. the actual or proposed location of the 64.06 Definition of terms. aid(s), and a description of the action requested or recommended. Subpart B—Sunken Vessels and Other Obstructions § 62.65 Procedure for reporting defects and discrepancies. 64.11 Marking and notification require- ments. (a) Mariners should notify the near- 64.13 Approval of markings. est Coast Guard facility immediately 64.16 Duration of marking on sunken ves- of any observed aids to navigation de- sels in navigable waters. fects or discrepancies. (b) The Coast Guard cannot monitor Subpart C—Structures the many thousands of aids in the U.S. 64.21 Marking and notification require- Aids to Navigation System simulta- ments. neously and continuously. As a result, 64.23 Duration of marking on structures.

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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. 64.33 Marking by the Coast Guard. definition of a designated waterway to provide for navigational safety. AUTHORITY: 14 U.S.C. 633; 33 U.S.C. 409, 1231; High seas means those waters de- 42 U.S.C. 9118; 43 U.S.C. 1333; Department of Homeland Security Delegation No. 0170.1. scribed in § 2.32(c) of this chapter. Markings means the lights and other SOURCE: CGD 78–156, 48 FR 11267, Mar. 17, signals placed on or near structures, 1983, unless otherwise noted. sunken vessels, and other obstructions for the protection of navigation. Subpart A—General Navigable waters of the United States means those waters described in SOURCE: CGD 78–156, 48 FR 11267, Mar. 17, § 2.36(a) of this chapter, specifically in- 1983, unless otherwise noted. Redesignated cluding the waters described in by CGD 91–031, 57 FR 43402, Sept. 21, 1992. § 2.22(a)(2) of this chapter. § 64.01 Purpose. Obstruction means anything that re- stricts, endangers, or interferes with This part prescribes rules relating to navigation. the marking of structures, sunken ves- Structures means any fixed or floating sels and other obstructions for the pro- obstruction, intentionally placed in the tection of maritime navigation. water, which may interfere with or re- § 64.03 Scope. strict marine navigation. (a) Except as provided in paragraph [CGD 78–156, 48 FR 11267, Mar. 17, 1983. Redes- (b) of this section these rules apply to: ignated and amended by CGD 91–031, 57 FR (1) Structures located in or over wa- 43402, Sept. 21, 1992; USCG–2001–9044, 68 FR 42601, July 18, 2003; USCG–2007–27887, 72 FR ters subject to the jurisdiction of the 45902, Aug. 16, 2007] United States and, on the high seas, structures owned or operated by per- sons subject to the jurisdiction of the Subpart B—Sunken Vessels and United States; Other Obstructions (2) Sunken vessels in the navigable waters or waters above the continental SOURCE: CGD 78–156, 48 FR 11267, Mar. 17, shelf of the United States; and 1983, unless otherwise noted. Redesignated (3) Other obstructions existing on or by CGD 91–031, 57 FR 43402, Sept. 21, 1992. in the navigable waters or waters above the continental shelf of the § 64.11 Marking and notification re- United States. quirements. (b) The following obstructions are ex- (a) The owner of a vessel, raft, or empt from the requirements of this other craft wrecked and sunk in a navi- part: gable channel shall mark it imme- (1) Dredging pipelines subject to Sub- diately with a buoy or daymark during chapter D of this chapter; the day and with a light at night. The (2) Bridges subject to Subchapter J of owner of a sunken vessel, raft, or other this chapter; obstruction that otherwise constitutes (3) Vessels subject to the Inter- a hazard to navigation shall mark it in national Regulations for preventing accordance with this subchapter. Collisions at Sea, 1972 (1972 COLREGS) (b) Owners of vessels sunk in waters or the Inland Navigation Rules; subject to the jurisdiction of the (4) Deepwater port facilities subject United States or sunk on the high seas, to subchapter NN of this chapter; and if the owner is subject to the jurisdic- (5) Artificial islands and structures tion of the United States, shall subject to Part 67 of this subchapter. promptly report to the District Com- mander, in whose jurisdiction the ob- § 64.06 Definition of terms. struction is located, the action they As used in this part: are taking to mark the sunken vessel, Hazard to navigation means an ob- giving the following information (in struction, usually sunken, that pre- addition to the information required by

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46 CFR 4.05, Notice of Marine Casualty Subpart C—Structures and Voyage Records): (1) Name and description of the sunk- SOURCE: CGD 78–156, 48 FR 11267, Mar. 17, en vessel; 1983, unless otherwise noted. Redesignated (2) Accurate description of the loca- by CGD 91–031, 57 FR 43402, Sept. 21, 1992. tion of the vessel; (3) Depth of water over the vessel; § 64.21 Marking and notification re- and quirements. (4) Location and type of marking es- Before establishing a structure, the tablished, including color and shape of owner or operator shall apply for Coast buoy or other daymark and char- Guard authorization to mark the struc- acteristic of the light. ture in accordance with § 66.01–5 of this (c) Owners of other obstructions may chapter. The appropriate District Com- report the existence of such obstruc- mander will determine the marking re- tions and mark them in the same man- quirements. ner as prescribed for sunken vessels. (d) Owners of marine pipelines that § 64.23 Duration of marking on struc- are determined to be hazards to naviga- tures. tion shall report and mark the haz- Markings determined to be required ardous portion of those pipelines in ac- shall be established and maintained cordance with 49 CFR parts 192 or 195, until: as applicable. (a) The structure is removed; or (b) Otherwise directed by the District [CGD 78–156, 48 FR 11267, Mar. 17, 1983. Redes- ignated and amended by CGD 91–031, 57 FR Commander. 43402, Sept. 21, 1992; USCG–1998–3799, 63 FR 35526, June 30, 1998; USCG–2006–25150, 71 FR Subpart D—Miscellaneous 39208, July 12, 2006] Provisions § 64.13 Approval of markings. SOURCE: CGD 78–156, 48 FR 11267, Mar. 17, (a) All markings of sunken vessels 1983, unless otherwise noted. Redesignated and other obstructions established in by CGD 91–031, 57 FR 43402, Sept. 21, 1992. accordance with § 64.11 must be re- ported to and approved by the appro- § 64.31 Determination of hazard to priate District Commander. navigation. (b) Should the District Commander In determining whether an obstruc- determine that these markings are in- tion is a hazard to navigation for the consistent with Part 62 of this sub- purposes of marking, the District Com- chapter, they must be replaced as soon mander considers, but is not limited to, as practicable with approved markings. the following factors: (a) Location of the obstruction in re- [ CGD 78–156, 48 FR 11267, Mar. 17, 1983. Re- designated by CGD 91–031, 57 FR 43402, Sept. lation to the navigable channel and 21, 1992, and amended by USCG–2001–9286, 66 other navigational traffic patterns; FR 33640, June 25, 2001] (b) Navigational difficulty in the vi- cinity of the obstruction; § 64.16 Duration of marking on sunken (c) Depth of water over the obstruc- vessels in navigable waters. tion, fluctuation of the water level, and Markings shall be maintained until: other hydrologic characteristics in the (a) The sunken vessel or other ob- area; struction is removed; or (d) Draft, type, and density of vessel (b) The right of the owner to abandon traffic or other marine activity in the is legally established and exercised. vicinity of the obstruction; (e) Physical characteristics of the ob- NOTE: Notices of abandonment of sunken struction; vessels or other obstructions will not be ac- (f) Possible movement of the obstruc- cepted by the Coast Guard. Any notice of in- tention to abandon should be addressed to tion; the District Engineer, Corps of Engineers, (g) Location of the obstruction in re- U.S. Army, within whose district the sunken lation to other obstructions or aids to vessel or other obstruction is located. navigation;

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(h) Prevailing and historical weather 66.01–15 Action by Coast Guard. conditions; 66.01–20 Inspection. (i) Length of time that the obstruc- 66.01–25 Discontinuance and removal. tion has been in existence; 66.01–30 Corps of Engineers’ approval. (j) History of vessel incidents involv- 66.01–40 Exemptions. ing the obstruction; and 66.01–45 Penalties. 66.01–50 Protection of private aids to navi- (k) Whether the obstruction is de- gation. fined as a hazard to navigation under 66.01–55 Transfer of ownership. other statutes or regulations. [CGD 91–031, 57 FR 43403, Sept. 21, 1992] Subpart 66.05—State Aids to Navigation 66.05–1 Purpose. § 64.33 Marking by the Coast Guard. 66.05–5 Definitions. (a) The District Commander may 66.05–10 State waters for private aids to mark for the protection of maritime navigation; designations; revisions, and navigation any structure, sunken ves- revocations. sel or other obstruction that is not 66.05–20 Coast Guard-State agreements. suitably marked by the owner. Mark- 66.05–25 Change and modification of State aids to navigation. ings established by the Coast Guard do 66.05–30 Notice to Mariners. not relieve the owner’s duty or respon- 66.05–35 Private aids to navigation other sibility to mark the sunken vessel or than State owned. other obstruction, or to remove it as 66.05–40 Corps of Engineers’ approval. required by law. 66.05–100 Designation of navigable waters as (b) Costs for markings established by State waters for private aids to naviga- the Coast Guard will be determined in tion. accordance with part 74 of this Chap- ter. Subpart 66.10—Uniform State Waterway (c) Costs for marking of a sunken Marking System vessel or other obstruction shall be 66.10–1 General. charged to the owner and shall con- 66.10–5—66.10–10 [Reserved] tinue until: 66.10–15 Aids to navigation. (1) The vessel or other obstruction is 66.10–35 Navigation lights. removed; AUTHORITY: 14 U.S.C. 83, 84, 85; 43 U.S.C. (2) The right of the owner to abandon 1333; Pub. L. 107–296, 116 Stat. 2135; Depart- is legally established and has been ex- ment of Homeland Security Delegation No. ercised; or 0170.1. (3) The District Commander directs otherwise. Subpart 66.01—Aids to Navigation NOTE: When the needs of navigation per- Other Than Federal or State mit, the owner may be given reasonable op- portunity to establish and maintain the nec- SOURCE: CGFR 68–152, 33 FR 19816, Dec. 27, essary markings. 1968, unless otherwise noted.

PART 66—PRIVATE AIDS TO § 66.01–1 Basic provisions. NAVIGATION (a) No person, public body, or instru- mentality not under the control of the Subpart 66.01—Aids to Navigation Other Commandant, exclusive of the Armed Than Federal or State Forces, will 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. (b) For the purposes of this subpart, 66.01–10 Characteristics. the term private aids to navigation in- 66.01–11 Lights. cludes all marine aids to navigation 66.01–12 May I continue to use the private aid to navigation I am currently using? operated in the navigable waters of the 66.01–13 When must my newly manufactured United States other than those oper- equipment comply with these rules? ated by the Federal Government (part 66.01–14 Label affixed by manufacturer. 62 of this subchapter) or those operated

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in State waters for private aids to (a) The proposed position of the aid navigation (subpart 66.05). to navigation by two or more hori- (c) Coast Guard authorization of a zontal angles, bearings and distance private aid to navigation does not au- from charted landmarks, or the lati- thorize any invasion of private rights, tude and longitude as determined by nor grant any exclusive privileges, nor GPS or differential GPS. Attach a sec- does it obviate the necessity of com- tion of chart or sketch showing the plying with any other Federal, State or proposed position. local laws or regulations. (b) The name and address of the per- (d) With the exception of radar bea- son at whose expense the aid will be cons (racons) and shore based radar maintained. stations, operation of electronic aids to (c) The name and address of the per- navigation as private aids will not be son who will maintain the aid to navi- authorized. gation. (d) The time and dates during which [CGFR 68–152, 33 FR 19816, Dec. 27, 1968, as it is proposed to operate the aid. amended by CGD 85–057, 51 FR 11448, Apr. 3, 1986; USCG–2009–0416, 74 FR 27437, June 10, (e) The necessity for the aid. 2009; USCG–2012–0306, 77 FR 37312, June 21, (f) For lights: The color, char- 2012] acteristic, range, effective intensity, height above water, and description of § 66.01–3 Delegation of authority to illuminating apparatus. Attach a copy District Commanders. of the manufacturer’s data sheet to the (a) Under Section 888 of Pub. L. 107– application. 296, 116 Stat. 2135, the Commandant (g) For sound signals: Type (whistle, delegates to the District Commanders horn, bell, etc.) and characteristic. within the confines of their respective (h) For buoys or daybeacons: Shape, districts (see Part 3 of this chapter for color, number, or letter, depth of water descriptions) the authority to grant in which located or height above water. permission to establish and maintain, (i) For racons: Manufacturer and discontinue, change or transfer owner- model number of racon, height above ship of private aids to maritime navi- water of desired installation, and re- gation, and otherwise administer the quested coding characteristic. Equip- requirements of this subpart. ment must have FCC authorization. (b) The decisions of the District Com- [CGFR 68–152, 33 FR 19816, Dec. 27, 1968, as mander may be appealed within 30 days amended by CGD 85–057, 51 FR 11448, Apr. 3, from the date of decision. The decision 1986; USCG–2000–7466, 68 FR 68238, Dec. 8, 2003; of the Commandant in any case is USCG–2000–7466, 69 FR 12541, Mar. 17, 2004; final. USCG–2001–10714, 69 FR 24982, May 5, 2004; USCG–2008–0179, 73 FR 35002, June 19, 2008; [CGFR 68–152, 33 FR 19816, Dec. 27, 1968, as USCG–2012–0306, 77 FR 37312, June 21, 2012] amended by USCG–1998–3799, 63 FR 35526, June 30, 1998; USCG–2003–14505, 68 FR 9535, § 66.01–10 Characteristics. Feb. 28, 2003] The characteristics of a private aid § 66.01–5 Application procedure. to navigation must conform to those prescribed by the United States Aids to To establish and maintain, dis- Navigation System set forth in subpart continue, change, or transfer owner- B of part 62 of this subchapter. ship of a private aid to navigation, you must apply to the Commander of the [USCG–2000–7466, 68 FR 68238, Dec. 8, 2003] Coast Guard District in which the aid is or will be located. You can find ap- § 66.01–11 Lights. plication form CG–2554 at http:// (a) Except for range and sector www.uscg.mil/forms/ lights, each light approved as a private formlpublicluse.asp. You must com- aid to navigation must: plete all parts of the form applicable to (1) Have at least the effective inten- the aid concerned, and must forward sity required by this subpart the application to the District Com- omnidirectionally in the horizontal mander. You must include the fol- plane, except at the seams of its lens- lowing information: mold.

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(2) Have at least 50% of the effective (6) Have a recommended interval for intensity required by this subpart replacement of the source of light that within ±2° of the horizontal plane. ensures that the lantern meets the (3) Have a minimum effective inten- minimal required intensity stated in sity of at least 1 candela for a range of paragraph (a)(3) of this section in case 1 nautical mile, 3 candelas for one of 2 of degradation of either the source of nautical miles, 10 candelas for one of 3 light or the lens. nautical miles, and 54 candelas for one (7) Have autonomy of at least 10 days of 5 nautical miles. The District Com- if the light has a self-contained power mander may change the requirements system. Power production for the pro- for minimum intensity to account for spective position should exceed the local environmental conditions. For a load during the worst average month of flashing light this intensity is deter- insolation. The literature concerning mined by the following formula: the light must clearly state the oper- ating limits and service intervals. Low- Ie=G/(0.2+t ¥t ) 2 1 voltage disconnects used to protect the Where: battery must operate so as to prevent Ie = Effective intensity sporadic operation at night. G = The integral of the instantaneous inten- (b) The manufacturer of each light sity of the flashed light with respect to approved as a private aid to navigation time must certify compliance by means of t1 = Time in seconds at the beginning of the an indelible plate or label affixed to flash the aid that meets the requirements of t2 = Time in seconds at the end of the flash § 66.01–14. t2¥t1 is greater than or equal to 0.2 seconds. [USCG–2000–7466, 68 FR 68238, Dec. 8, 2003] (4) Unless the light is a prefocused lantern, have a means of verifying that § 66.01–12 May I continue to use the the source of the light is at the focal private aid to navigation I am cur- point of the lens. rently using? (5) Emit a color within the angle of If, after March 8, 2004, you modify, 50% effective intensity with color co- replace, or install any light that re- ordinates lying within the boundaries quires a new application as described in defined by the corner coordinates in § 66.01–5, you must comply with the Table 66.01–11(5) of this part when plot- rules in this part. ted on the Standard Observer Diagram of the International Commission on Il- [USCG–2000–7466, 68 FR 68239, Dec. 8, 2003] lumination (CIE). § 66.01–13 When must my newly manu- factured equipment comply with TABLE 66.01–11(5)—COORDINATES OF these rules? CHROMATICITY After March 8, 2004, equipment manu- Coordinates of factured for use as a private aid to Color chromaticity navigation must comply with the rules x axis y axis in this part. White ...... 0.500 0.382 [USCG–2000–7466, 68 FR 68239, Dec. 8, 2003] 0.440 0.382 0.285 0.264 § 66.01–14 Label affixed by manufac- 0.285 0.332 turer. 0.453 0.440 0.500 0.440 (a) Each light, intended or used as a Green ...... 0.305 0.689 private aid to navigation authorized by 0.321 0.494 0.228 0.351 this part, must bear a legible, indelible 0.028 0.385 label (or labels) affixed by the manu- Red ...... 0.735 0.265 facturer and containing the following 0.721 0.259 information: 0.645 0.335 0.665 0.335 (1) Name of the manufacturer. Yellow ...... 0.618 0.382 (2) Model number. 0.612 0.382 (3) Serial number. 0.555 0.435 (4) Words to this effect: ‘‘This equip- 0.560 0.440 ment complies with requirements of

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the U.S. Coast Guard in 33 CFR part navigation required by statute or regu- 66.’’ lation (Class I, § 66.01–15) without first (b) This label must last the service obtaining permission to do so from the life of the equipment. District Commander. (c) The manufacturer must provide (b) Any authorized private aid to the purchaser a data sheet containing navigation not required by statute or the following information: regulation (Classes II and III, § 66.01–15) (1) Recommended service life based may be discontinued and removed by on the degradation of either the source the owner after 30 days’ notice to the of light or the lamp. District Commander to whom the (2) Range in nautical miles. original request for authorization for (3) Effective intensity in candela. establishment of the aid was sub- (4) Size of lamp (incandescent only). mitted. (5) Interval, in days or years, for re- (c) Private aids to navigation which placement of dry-cell or rechargeable have been authorized pursuant to this battery. part shall be discontinued and removed without expense to the United States [USCG–2000–7466, 68 FR 68239, Dec. 8, 2003] by the person, public body or instru- mentality establishing or maintaining § 66.01–15 Action by Coast Guard. such aids when so directed by the Dis- (a) The District Commander receiv- trict Commander. ing the application will review it for 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 pertaining to the marking of struc- [CGFR 68–152, 33 FR 19816, Dec. 27, 1968, as 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]

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§ 66.01–45 Penalties. of the aid, the former owner shall be required to remove the aid without ex- Any person, public body or instru- pense to the United States. This re- mentality, excluding the armed forces, quirement shall not apply in the case who shall establish, erect or maintain of any authorized private aid to navi- any aid to maritime navigation with- gation required by statute or regula- out first obtaining authority to do so tion (Class I, § 66.01–15) which shall be from the Coast Guard, with the excep- maintained by the new owner until the tion of those established in accordance conditions which made the aid nec- with § 64.11 of this chapter, or who shall essary have been eliminated. violate the regulations relative thereto issued in this part, is subject to the provisions of 14 U.S.C. 83. Subpart 66.05—State Aids to Navigation [CGD 78–156, 48 FR 11268, Mar. 17, 1983, as amended by USCG–2008–0179, 73 FR 35002, June 19, 2008] SOURCE: CGFR 66–32, 31 FR 10320, July 30, 1966, unless otherwise noted. § 66.01–50 Protection of private aids to navigation. § 66.05–1 Purpose. Private aids to navigation lawfully The purpose of the regulations in this maintained under these regulations are subpart is to prescribe the conditions entitled to the same protection against under which state governments may interference or obstruction as is af- regulate aids to navigation owned by forded by law to Coast Guard aids to state or local governments, or private navigation (Part 70 of this subchapter). parties. With the exception on the pro- If interference or obstruction occurs, a visions of subpart 66.10, which are valid prompt report containing all the evi- until December 31, 2003, aids to naviga- dence available should be made to the tion must be in accordance with the Commander of the Coast Guard Dis- United States Aids to Navigation Sys- trict in which the aids are located. tem in part 62 of this subchapter. [CGD 97–018, 63 FR 33573, June 19, 1998] § 66.01–55 Transfer of ownership. (a) When any private aid to naviga- § 66.05–5 Definitions. tion authorized by the District Com- (a) The term State waters for private mander, or the essential real estate or aids to navigation means those navi- facility with which the aid is associ- gable waters of the United States ated, is sold or transferred, both par- which the Commandant, upon request ties to the transaction shall submit ap- of a State Administrator, has des- plication (§ 66.01–5) to the Commander ignated as waters within which a State of the Coast Guard District in which government may regulate the estab- the aid is located requesting authority lishment, operation, and maintenance to transfer responsibility for mainte- of marine aids to navigation, including nance of the aid. regulatory markers. The Commandant (b) The party relinquishing responsi- will entertain requests to make such bility for maintenance of the private designations with respect to navigable aid to navigation shall indicate on the waters of the United States not application form (CG–2554) both the marked by the Federal government. discontinuance and the change of own- These designations when approved will ership of the aid sold or transferred. be set forth in separate sections by (c) The party accepting responsibility States in this subpart and will briefly for maintenance of the private aid to describe or identify waters so des- navigation shall indicate on the appli- ignated. cation form (CG–2554) both the estab- (b) The term Uniform State Water- lishment and the change of ownership way Marking System (USWMS) means of the aid sold or transferred. the system of private aids to naviga- (d) In the event the new owner of the tion which may be operated in State essential real estate or facility with waters. Subpart 66.10, which describes which the aid is associated refuses to the USWMS, expires on December 31, accept responsibility for maintenance 2003.

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(c) The term State Administrator quest with recommendations and a means the official of a State having statement of the points agreed upon power under the law of the State to and the points remaining at issue. regulate, establish, operate or main- (d) Upon receipt of the request, the tain maritime aids to navigation on Commandant will determine whether waters over which the State has juris- or not approval of the request is in the diction. public interest and will inform the (d) The term State aids to navigation State Administrator and the District means all private marine aids to navi- Commander of the Coast Guard’s deci- gation operated in State waters for pri- sion. If the request is approved, the vate aids to navigation, whether owned designation by the Commandant of the by a State, political subdivisions there- waters in question as State waters for of or by individuals, corporations, or private aids to navigation will be also organizations. defined and described in this subpart. (e) The term regulate State maritime (e) The Commandant may, upon his aids to navigation means to control the or her own initiative or upon request, establishment, disestablishment, oper- revoke or revise any designations of ation and maintenance of State aids to State waters for private aids to naviga- navigation. tion previously made by him or her. Written notice shall be given the State [CGFR 66–32, 31 FR 10320, July 30, 1966, as Administrator of the action con- amended by CGD 97–018, 63 FR 33573, June 19, 1998] templated by the Commandant. The State Administrator will be afforded a § 66.05–10 State waters for private aids period of not less than 30 days from the to navigation; designations; revi- date of the notice in which to inform sions, and revocations. the Commandant of the State’s views (a) A State Administrator who de- in the matter before final action is sires to regulate State maritime aids completed to revoke or revise such des- to navigation in the navigable waters ignation. of the United States not marked by the [CGFR 66–32, 31 FR 10320, July 30, 1966, as Federal Government, shall request the amended by USCG–2001–10714, 69 FR 24982, Commandant to designate the specific May 5, 2004] bodies of water involved as State wa- ters for private aids to navigation. § 66.05–20 Coast Guard-State agree- (b) The request shall be forwarded to ments. the District Commander in whose dis- (a) The District Commander in whose trict the bodies of water are located. District a waterway is located may The request shall give the name and enter into agreements with State Ad- description of the waterway; the extent ministrators permitting a State to reg- of use being made of the waterway for ulate aids to navigation, including reg- marine navigation, in general terms; ulatory markers, in State waters for an appropriate chart or sketch of the private aids to navigation, as, in the area; and a general outline of the na- opinion of the District Commander, the ture and extent of the State aids to State is able to do in a manner to im- navigation which the Administrator prove the safety of navigation. When a plans to establish in the waterway. waterway is located within the area of (c) The District Commander shall re- jurisdiction of more than one Coast view the request and consult with the Guard District, the District Com- State Administrator concerning the mander in whose District the State terms of an initial agreement to be en- capital is located shall execute the tered into under provisions of § 66.05–20. agreement in behalf of the Coast When they have arrived at terms of an Guard. All such agreements shall re- agreement satisfactory to both, the serve to the District Commander the District Commander shall forward the right to inspect the State aids to navi- request to the Commandant with rec- gation without prior notice to the ommendations and the terms of agree- State. They shall stipulate that State ment mutually settled upon. If they aids to navigation will conform to the cannot reach such agreement, the Dis- Uniform State Waterway marking Sys- trict Commander shall forward the re- tem or to the U.S. Aids to Navigation

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System and that the State Adminis- aids to navigation, he or she must in- trator will modify or remove State aids form the District Commander of the to navigation without expense to the nature and extent of the changes, as United States when so directed by the soon as possible, but not less than 30 District Commander, subject to the days in advance of making the changes. right of appeal on the part of the State [USCG–2001–10714, 69 FR 24982, May 5, 2004] Administrator to the Commandant. (b) A Coast Guard-State agreement § 66.05–30 Notice to Mariners. shall become effective when both par- (a) To improve public safety, the Dis- ties have signed the agreements. In trict Commander may publish informa- lieu of the procedure prescribed in tion concerning State aids to naviga- § 66.01–5, the agreement shall constitute tion, including regulatory markers, in blanket approval by the Commandant, the Coast Guard Local Notices to Mari- of the State aids to navigation, includ- ners. ing regulatory markers, established or (b) Notices to Mariners which con- to be established in State waters for cern the establishment, disestablish- private aids to navigation designated ment, or change of State aids to navi- or to be designated by the Com- gation, including regulatory markers, mandant. may be published whenever the aids to (c) In addition to the matters set navigation concerned are covered by forth in paragraph (a) of this section, navigational charts or maps issued by Coast Guard-State agreements shall the National Ocean Service or the U.S. cover the following points, together Army Corps of Engineers. with such other matters as the parties find it desirable to include: [CGFR 66–32, 31 FR 10320, July 30, 1966, as (1) A description, in sufficient detail amended by USCG–2000–7223, 65 FR 40055, for publication in Notices to Mariners, June 29, 2000; USCG–2001–9286, 66 FR 33640, June 25, 2001; USCG–2001–10714, 69 FR 24982, of all aids to navigations under State May 5, 2004] jurisdiction in navigable waters of the United States in existence prior to the § 66.05–35 Private aids to navigation effective date of the agreement which other than State owned. have not been previously approved (a) No person, public body or other under procedures of § 66.01–5. instrumentality not under control of (2) Procedures for use by the State the Commandant or the State Adminis- administrator to notify the District trator, exclusive of the Armed Forces Commander of changes made in State of the United States, shall establish, aids to navigation, as required by erect or maintain in State waters for § 66.05–25. private aids to navigation any aid to (3) If prior to December 21, 2003, spec- navigation without first obtaining per- ification of the marking system to be mission to do so from the State Admin- used, whether the U.S. Aids to Naviga- istrator. Discontinuance of any State tion System or the Uniform State Wa- aids to navigation may be effected by terway Marking System. order of the State Administrator. (4) Specification of standards as to minimum size and shape of markers, § 66.05–40 Corps of Engineers’ ap- the use of identifying letters, the use of proval. reflectors or retroreflective materials, (a) In each instance where a regu- and any other similar standards so as latory marker is to be established in to enable Coast Guard inspectors to de- navigable waters of the United States termine compliance with Statewide which have been designated by the standards. Commandant as State waters for pri- [CGD 86–031, 52 FR 42645, Nov. 6, 1987, as vate aids to navigation, the State Ad- amended by CGD 97–018, 63 FR 33573, June 19, ministrator is responsible for obtaining 1998] prior permission from the District En- gineer, U.S. Army Corps of Engineers § 66.05–25 Change and modification of concerned, authorizing the State to State aids to navigation. regulate the water area involved, or a Wherever a State Administrator de- statement that there is no objection to termines the need for change in State the proposed regulation of the water

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area. A copy of the Corps of Engineers (h) Virginia. (1) Claytor Lake, on the permit or letter of authority shall be New River in Pulaski County. provided by the Administrator to the (2) Leesville Lake, on the Roanoke District Commander upon request. River below Smith Mountain Dam. (b) Similarly, where an aid to naviga- (3) The portions of the following res- tion is to be placed on a fixed structure ervoirs within the State: or a mooring buoy is to be established (i) Gaston. in State waters for private aids to (ii) Holston. navigation, the State Administrator (iii) John H. Kerr. shall assure that prior permission or a statement of no objection to the struc- (iv) Philpott. tures or mooring buoys proposed is ob- (i) Wisconsin. Navigable waters with- tained from the District Engineer con- in the State not marked with Coast cerned. A copy of the permit or letter Guard aids to navigation as of May 1, is not required by the District Com- 1996. mander. [CGD 72–154R, 38 FR 33473, Dec. 5, 1973, as amended by CGD 76–015, 41 FR 12879, Mar. 29, § 66.05–100 Designation of navigable 1976; CGD 80–132, 46 FR 27643, May 21, 1981; waters as State waters for private CGD 98–3604, 63 FR 55947, Oct. 20, 1998; USCG– aids to navigation. 2001–10714, 69 FR 24982, May 5, 2004] 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 which they are located, are designated Waterway Marking System as State waters for private aids to § 66.10–1 General. navigation: (a) Arizona. The portion of Lake (a) The Uniform State Waterway Havasu within the State, except that Marking System’s (USWMS) aids to portion within Havasu Lake National navigation provisions for marking Wildlife Refuge. channels and obstructions (see § 66.10– (b) Louisiana. The portion of Toledo 15) may be used in those navigable wa- Bend Reservoir within the State. ters of the U.S. that have been des- (c) Missouri. Teach water within the ignated as state waters for private aids State except the: to navigation and in those internal wa- (1) Mississippi River; and ters that are non-navigable waters of (2) Missouri River. the U.S. All other provisions for the (d) Montana. The portion of Missouri use of regulatory markers and other River between the U.S. Highway 287 aids to navigation must be in accord- bridge near Townsend and Great Falls ance with United States Aid to Naviga- including the following impoundments: tion System, described in part 62 of (1) Black Eagle Dam Reservoir. this subchapter. (2) Canyon Ferry Reservoir. (b) Until December 31, 2003, the Uni- (3) Hauser Lake. form State Waterway Marking Sys- (4) Holter Lake. tem’s (USWMS) aids to navigation pro- (5) Rainbow Dam Reservoir. visions for marking channels and ob- (e) North Carolina. Navigable waters structions may be used in those navi- within the State not marked with gable waters of the U.S. that have been Coast Guard aids to navigation on June designated as state waters for private 1, 1973. aids to navigation and in those inter- (f) Pennsylvania. The portion of nal waters that are non-navigable wa- Youghiogheny River Reservoir within ters of the U.S. All other provisions for the State. the use of regulatory markers and (f–1) South Carolina. (1) The portion of other aids to navigation shall be in ac- Lake Wylie within the State; (2) Lake cordance with United States Aid to Marion; (3) Lake Moultrie; and (4) Lake Navigation System, described in part Murray. 62 of this subchapter. (g) Texas. The portion of Toledo Bend Reservoir within the State.

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(c) The USATONS may be used in all (1) A white buoy with a red top may U.S. waters under state jurisdiction, be used to indicate to a vessel operator including non-navigable state waters. that the operator must pass to the south or west of the buoy. [CGD 97–018, 63 FR 33574, June 19, 1998, as (2) A white buoy with a black top amended by USCG–2012–0306, 77 FR 37312, may be used to indicate to a vessel op- June 21, 2012] erator that the operator must pass to §§ 66.10–5—66.10–10 [Reserved] the north or east of the buoy. (3) In addition, a buoy showing alter- § 66.10–15 Aids to navigation. nate vertical red and white stripes may be used to indicate to a vessel operator (a) USWMS aids to navigation may that an obstruction to navigation ex- have lateral or cardinal meaning. tends from the nearest shore to the (b) On a well defined channel includ- buoy and that the operator must not ing a river or other relatively narrow pass between the buoy and shore. The natural or improved waterway, an aid number of white and red stripes is dis- to navigation shall normally be a solid cretionary, provided that the white colored buoy. A buoy which marks the stripes are twice the width of the red left side of the channel viewed looking stripes. upstream or toward the head of naviga- tion shall be colored all black. A buoy [CGFR 66–32, 31 FR 10321, July 30, 1966, as amended by CGD 97–018, 63 FR 33574, June 19, which marks the right side of the chan- 1998; USCG–2001–10714, 69 FR 24982, May 5, nel viewed looking upstream or toward 2004] the head of navigation shall be colored all red. On a well defined channel, solid § 66.10–35 Navigation lights. colored buoys shall be established in A red light shall only be used on a pairs, one on each side of the navigable solid colored red buoy. A green light channel which they mark, and opposite shall only be used on a solid colored each other to inform the user that the black or a solid colored green buoy. channel lies between the buoys and White lights shall be used for all other that the user should pass between the buoys. When a light is used on a car- buoys. dinal system buoy or a vertically (c) On an irregularly defined channel, striped white and red buoy, it shall al- solid colored buoys may be used singly ways be quick flashing. in staggered fashion on alternate sides of the channel provided they are spaced [CGD 97–018, 63 FR 33574, June 19, 1998] at sufficiently close intervals to inform the user that the channel lies between PART 67—AIDS TO NAVIGATION the buoys and that the user should pass ON ARTIFICIAL ISLANDS AND between the buoys. FIXED STRUCTURES (d) Where there is no well-defined channel or when a body of water is ob- Subpart 67.01—General Requirements structed by objects whose nature or lo- Sec. cation is such that the obstruction can 67.01–1 Scope. be approached by a vessel from more 67.01–5 Definitions. than one direction, supplemental aids 67.01–10 Delegation of functions. to navigation having cardinal meaning 67.01–15 Classification of structures. (i.e., pertaining to the cardinal points 67.01–20 Prescribing lines of demarcation. of the compass, north, east, south, and 67.01–30 Equivalents. west) may be used. The use of an aid to Subpart 67.05—General Requirements for navigation having cardinal meaning is Lights discretionary provided that the use of such a marker is limited to wholly 67.05–1 Arrangement of obstruction lights. State owned waters and the State wa- 67.05–5 Multiple obstruction lights. ters for private aids to navigation as 67.05–10 Characteristics of obstruction defined and described in this part. lights. 67.05–15 Operating periods of obstruction (e) Aids to navigation conforming to lights. the cardinal system shall consist of 67.05–20 Minimum lighting requirements. three distinctly colored buoys. 67.05–25 Special lighting requirements.

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Subpart 67.10—General Requirements for 67.50–45 Thirteenth Coast Guard District. Sound signals 67.50–50 Seventeenth Coast Guard District. 67.10–1 Apparatus requirements. AUTHORITY: 14 U.S.C. 85, 633; 43 U.S.C. 1333; 67.10–5 Location requirements. Department of Homeland Security Delega- 67.10–10 Operating requirements. tion No. 0170.1. 67.10–15 Approval of sound signals. SOURCE: CGFR 58–17, 23 FR 3377, May 20, 67.10–20 Sound signal tests. 1958, unless otherwise noted. 67.10–25 Application for tests. 67.10–30 Withdrawal of approval. EDITORIAL NOTE: Nomenclature changes to 67.10–35 Notice of approval and withdrawal part 67 appear at USCG–2001–10714, 69 FR of approval. 24983, 24984, May 5, 2004. 67.10–40 Sound signals authorized for use prior to January 1, 1973. Subpart 67.01—General Subpart 67.15—Miscellaneous Marking Requirements Requirements § 67.01–1 Scope. 67.15–1 Lights and signals on attendant ves- sels. (a) The regulations in this part pre- 67.15–5 Seismographic and surveying oper- scribe the obstruction lights and sound ations. signals to be operated as privately 67.15–10 Spoil banks, artificial islands, and maintained maritime aids to naviga- dredged channels. tion on the artificial islands and struc- tures which are erected on or over the Subpart 67.20—Class ‘‘A’’ Requirements seabed and subsoil of the Outer Conti- 67.20–1 Class ‘‘A’’ structures. nental Shelf and in the waters under 67.20–5 Obstruction lights. the jurisdiction of the United States, 67.20–10 Sound signal. for the purpose of exploring for, devel- oping, removing and transporting re- Subpart 67.25—Class ‘‘B’’ Requirements sources therefrom. 67.25–1 Class ‘‘B’’ structures. (b) Subpart 66.01 in Part 66 of this 67.25–5 Obstruction lights. subchapter shall be applicable to all 67.25–10 Sound signal. private aids to navigation erected on or over the Outer Continental Shelf in the Subpart 67.30—Class ‘‘C’’ Requirements same manner and to the same extent as 67.30–1 Class ‘‘C’’ structures. they are applicable to private aids to 67.30–5 Obstruction lights. navigation established, erected, or 67.30–10 Sound signals. maintained in the waters under the ju- risdiction of the United States. Subpart 67.35—Applications 67.35–1 Procedure. § 67.01–5 Definitions. 67.35–5 Contents of application. (a) Structures. The term ‘‘structures’’ 67.35–10 Private aids to navigation. as used in this part shall include all 67.35–15 To whom addressed. fixed structures, temporary or perma- Subpart 67.40—Notification nent, for which a Corps of Engineers’ permit is issued. It shall include, but is 67.40–1 Notification to District Commander. not necessarily limited to, all drilling 67.40–5 Waivers. platforms, Mobile Offshore Drilling 67.40–10 Communication with owner. Units (MODUs) when attached to the 67.40–15 Marking at owner’s expense. bottom, production platforms, quarters 67.40–20 Charges invoiced to owner. 67.40–25 Penalty. platforms, pipe line riser platforms, manifold platforms, loading platforms, Subpart 67.50—District Regulations boat landings, caissons, well protective structures, tank battery barges sub- 67.50–1 Scope. merged on station, drilling barges sub- 67.50–5 First Coast Guard District. merged on location, breakwater barges 67.50–15 Fifth Coast Guard District. 67.50–20 Seventh Coast Guard District. submerged on location, artificial is- 67.50–25 Eighth Coast Guard District. lands and all other piles, pile clusters, 67.50–30 Ninth Coast Guard District. pipes, or structures erected in the wa- 67.50–35 Eleventh Coast Guard District. ters.

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(b) Class ‘‘A’’, ‘‘B’’, or ‘‘C’’ structures. permit to establish and operate lights The term ‘‘Class A, B, or C structures’’ and sound signals. refers to the classification assigned to (b) In general, where will the different structures erected in areas in which classes of structures be located? Specific corresponding requirements for mark- criteria in paragraph (c) of this section ing are prescribed. may create exceptions, but, in general, (c) Line of demarcation. The term structures the farthest from shore are ‘‘line of demarcation’’ means the divid- likely to be assigned to Class A and re- ing line used administratively to dis- quired to have obstruction lights and tinguish between the areas in which sound signals that can be detected structures shall conform to Class ‘‘A’’ from the farthest distance. Structures and Class ‘‘B’’ or ‘‘C’’ requirements. closest to shore are likely to be as- (d) Outer Continental Shelf. The term signed to Class C and, while subject to requirements to ensure that they are ‘‘Outer Continental Shelf’’ means all also detectable from a safe distance submerged lands lying seaward and away, will be required to have the least outside the area of lands beneath navi- powerful obstruction lights or sound gable waters as defined in the Sub- signals. The location and standards for merged Lands Act (sec. 2, 67 Stat. 29, 43 Class B structures will generally be in U. S. C. 1301), and of which the subsoil between Class A and C structures. and seabed appertain to the United (c) What criteria will be used to classify States and are subject to its jurisdic- structures? When assigning a structure tion and control. to a class, the District Commander will (e) Reliable operation. The term ‘‘reli- take into consideration whether a line able’’ as used in this part shall mean of demarcation has been prescribed, that dependability which will insure to and matters concerning, but not nec- the highest degree reasonably possible essarily limited to, the dimensions of the uninterrupted operation of lights the structure and the depth of water in and sound signals as private aids to which it is located, the proximity of navigation for safety of marine com- the structure to vessel routes, the na- merce. ture and amount of vessel traffic, and (f) Sound signal. The term ‘‘sound sig- the effect of background lighting. nal’’ as used in this part shall mean the (1) If a line of demarcation has been audible sound signal, authorized as a prescribed, the District Commander private aid to navigation, to mark a will assign those structures seaward of structure for the safety of marine com- the line of demarcation to Class A. He merce whenever the visibility has been or she will assign all structures shore- reduced by fog, mist, rain, falling snow, ward of the line of demarcation to ei- smoke, dust, or other phenomena. ther Class B or Class C, unless the Dis- trict Commander determines under [CGFR 58–17, 23 FR 3377, May 20, 1958, as § 67.05–25 that the structure should be amended by CGFR 63–18, 28 FR 4026, Apr. 14, 1963; USCG–2001–10714, 69 FR 24983, May 5, assigned to Class A because of the 2004] structure’s proximity to a navigable channel, fairway or line of demarca- § 67.01–10 Delegation of functions. tion. (2) If a line of demarcation has not The Coast Guard District Com- been prescribed, the District Com- mander may delegate the authority for mander will assign a structure to Class performing inspections, enforcement, A, B, or C as he or she deems appro- and administration of regulations to priate. any civilian or military position in the Coast Guard. [USCG–2001–10714, 69 FR 24983, May 5, 2004] [USCG–2001–10714, 69 FR 24983, May 5, 2004] § 67.01–20 Prescribing lines of demar- cation. § 67.01–15 Classification of structures. The District Commander sends rec- (a) When will structures be assigned to ommendations for establishing or a Class? The District Commander will changing lines of demarcation to the assign structures to Class A, B, or C as Commandant. For the purposes of this part of processing an application for a part, when the Commandant approves

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of additions to or changes in prescribed ‘‘B’’ or ‘‘C’’ structure marked by estab- lines of demarcation, such additions or lished obstruction lights, but they changes will be published in the FED- shall be marked with red or white ERAL REGISTER and will become effec- retro-reflective material, installed as tive on the date specified in that publi- prescribed by the District Commander. cation. (f) All obstruction lights shall be in- stalled in a manner which will permit [USCG–2001–10714, 69 FR 24983, May 5, 2004] at least one of them to be carried in § 67.01–30 Equivalents. sight of the mariner, regardless of the angle of approach, until the mariner is The use of alternate equipment, ap- within 50 feet of the structure, visi- paratus, or installation arrangements bility permitting. specified in this part may be permitted by the District Commander to such ex- [CGFR 58–17, 23 FR 3377, May 20, 1958, as tent and under such conditions as will amended by USCG–2001–10714, 69 FR 24983, May 5, 2004] result in achieving a degree of safety or compliance with these regulations § 67.05–5 Multiple obstruction lights. equivalent to or above the minimum When more than one obstruction requirements set forth in this part. light is required by this part to mark a structure, all such lights shall be oper- Subpart 67.05—General ated to flash in unison. Requirements for Lights § 67.05–10 Characteristics of obstruc- § 67.05–1 Arrangement of obstruction tion lights. lights. All obstruction lights required by (a) Structures having a maximum this part shall be powered from a reli- horizontal dimension of 30 feet or less able power source, including auxiliary on any one side, or in diameter, shall power sources as necessary. They shall be required to have one obstruction display a quick-flash characteristic of light visible for 360°. approximately 60 flashes per minute, (b) Structures having a maximum unless prescribed otherwise in the per- horizontal dimension of over 30 feet, mit issued by the District Commander. but not in excess of 50 feet, on any one Their color shall be white when mark- side, or in diameter, shall be required ing Class ‘‘A’’ and ‘‘B’’ structures, and to have two obstruction lights in- either white or red, as prescribed by stalled on diagonally opposite corners, the District Commander, when mark- 180° apart, or as prescribed by the Dis- ing Class ‘‘C’’ structures. In deter- trict Commander, each light to have a mining whether white or red lights 360° lens. shall be authorized, the District Com- (c) Structures having a horizontal di- mander shall take into consideration mension of over 50 feet on any one side, matters concerning, but not nec- or in diameter, shall be required to essarily limited to, the dimensions of have an obstruction light on each cor- the structure and the depth of water in ner, or 90° apart in the case of circular which it is located; the proximity of structures, or as prescribed by the Dis- the structure to vessel routes; the na- trict Commander, each light to have a ture and amount of vessel traffic; and 360° lens. the effect of background lighting. (d) Where the overall dimensions of a structure require the installation of § 67.05–15 Operating periods of ob- two or more obstruction lights, the struction lights. lights shall all be mounted on the same Obstruction lights shall be displayed horizontal plane within the limitations at all times between the hours of sun- of height specified in § 67.20–5, § 67.25–5, set and sunrise, local time, com- or § 67.30–5, as applicable. mencing at the time the construction (e) Lesser structures and piles, pile of a structure is begun. During con- clusters or flare templates, etc., will struction and until such time as a plat- not normally be required to be marked form capable of supporting the obstruc- by obstruction lights, when they are tion lights is completed, the fixed located within 100 yards of a Class ‘‘A’’, lights on an attending vessel shall be

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used. In addition, when lights are in (c) Have the rated range required by use for general illumination to facili- § 67.20–10, § 67.25–10, or § 67.30–10; tate the construction or operation of a (d) Have a height not exceeding 25 structure, and can be seen from any feet; angle of approach at a distance equal (e) Have not more than eight sound to that prescribed for the obstruction sources; lights for the class of structure, the ac- (f) Be approved by the Coast Guard tual operation of obstruction lights under § 67.10–15; and also will not be required. (g) Be permanently marked with: [CGFR 58–34, 23 FR 7701, Oct. 4, 1958] (1) The date of Coast Guard approval; (2) The manufacturer and date of § 67.05–20 Minimum lighting require- manufacture; ments. (3) A model designation; The obstruction lighting require- (4) The approved range; and ments prescribed in this part are the (5) The power necessary to comply minimum requirements only and shall with the provisions of paragraph (c) of not preclude the maintainer from mak- this section. ing application for authorization to es- tablish more lights, or lights of greater § 67.10–5 Location requirements. intensity than required to be visible at The sound signal required by §§ 67.20– the distances prescribed: Provided, That 10, 67.25–10, and 67.30–10 must: the prescribed characteristics of color (a) Be located on the structure so and flash duration are adhered to. that the sound signal produced is audi- ble over 360° in a horizontal plane at all § 67.05–25 Special lighting require- ranges up to and including the required ments. rated range; and Whenever a structure is erected in a (b) Be located at least 10 feet but not position on or adjacent to the edges of more than 150 feet above mean high navigable channels and fairways, or water. lines of demarcation, the District Com- mander is authorized to require the § 67.10–10 Operating requirements. structure to be marked by the lights (a) Sound signals required by §§ 67.20– which in his judgment are necessary 10, 67.25–10, and 67.30–10 must be oper- for the safety of marine commerce, and ated continuously, regardless of visi- without regard to the fact that the bility, unless the sound signal is con- structure may be located in an area in trolled: 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 sound signal when the ‘‘A’’ areas. visibility in any direction is reduced to the rated range at which sound signal Subpart 67.10—General operation is required by this part. Requirements for Sound signals (b) During construction and until such time as a sound 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- The sound signal required by §§ 67.20– ture by this part. 10, 67.25–10, and 67.30–10 must: [CGFR 58–17, 23 FR 3377, May 20, 1958, as (a) Have its maximum intensity at a amended by USCG–2001–10714, 69 FR 24983, frequency between 100 and 1,100 Hertz; May 5, 2004] (b) Sound a 2-second blast every 20 seconds (2 seconds sound, 18 seconds si- § 67.10–15 Approval of sound signals. lence) unless otherwise authorized by (a) The Coast Guard approves a sound the District Commander; signal if:

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(1) It meets the requirements for tire sound signal, as if installed for ac- sound signals in § 67.10–1 (a), (b), (c), (d), tual use. and (e) when tested under § 67.10–20; or (b) The sound pressure level must be (2) It is similar to a sound signal measured as a function of: which was tested and approved under (1) Distance by using a sufficient the provisions of this section and the number of points to allow a far-field Coast Guard has approved all vari- extrapolation of the sound pressure ations in design, construction, produc- level; tion, and manufacture from the sound (2) Power at outputs up to and in- signal tested. cluding the approximate power level (b) A sound signal that is an identical necessary to comply with § 67.10–1(c); production model of a sound signal (3) Horizontal angle at increments which has been approved under para- not greater than 30°; and graph (a) of this section is a Coast (4) Harmonic content to at least the Guard approved sound signal. third harmonic. (c) In analyzing the test data to de- § 67.10–20 Sound signal tests. termine the minimum power necessary (a) Sound signal tests must: to produce the sound pressure level (1) Be made by the applicant in the specified in Table A of this section the presence of a Coast Guard representa- Coast Guard follows the procedures tive, who certifies the test if the proce- prescribed by the International Asso- dures comply with the requirements of ciation of Lighthouse Authorities this section; (IALA) in Supplement No. 3 to the (2) Be made with Coast Guard sup- IALA Bulletin of February 1969 for plied and calibrated sound level meters analysis of harmonic components and and power meters; and does not consider components above (3) Be made in an anechoic chamber 1,100 Hertz as adding to the audible large enough to accommodate the en- range.

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§ 67.10–25 Application for tests. Subpart 67.15—Miscellaneous A person requesting a Coast Guard Marking Requirements representative at a test of a sound sig- nal must: § 67.15–1 Lights and signals on attend- (a) Direct a written request to the Of- ant vessels. fice of Aids to Navigation, (CG–541), The requirements prescribed by this 2100 2nd St., SW., Stop 7581, Wash- part apply to structures. The barges, ington, DC 20593–7581 including: vessels, and other miscellaneous float- (1) Requestor’s name, address, and ing plants in attendance must display telephone number; lights and signals under the Inter- (2) A description of the sound signal; national Navigational Rules Act of 1977 (3) Rated range for which approval is (33 U.S.C. 1601–1608) that adopted the requested; International Regulations for Pre- (4) Location of the anechoic chamber; venting Collisions at Sea, 1972 (72 and COLREGS), or the Inland Navigational (5) Proposed test dates. Rules Act of 1980 (33 U.S.C. 2001–2038). (b) Bear all the expenses of con- When vessels are fixed to or submerged ducting the test conducted in accord- onto the seabed, however, they become ance with § 67.10–20 including all travel structures as described in § 67.01–5. and per diem expenses of the U.S. Gov- ernment in sending a Coast Guard rep- [USCG–2001–10714, 69 FR 24983, May 5, 2004] resentative to the test. § 67.15–5 Seismographic and surveying [CGD 72–74R, 37 FR 13512, July 8, 1972, as operations. amended by CGD88–052, 53 FR 25119,July 1, 1988; CGD 96–026, 61 FR 33663, June 28, 1996; All stakes, casings, pipes, and buoys, USCG–2001–10714, 69 FR 24983, May 5, 2004; except bamboo poles and wooden USCG–2010–0351, 75 FR 36281, June 25, 2010] stakes less than 2 inches in diameter, placed in the water to facilitate seis- § 67.10–30 Withdrawal of approval. mographic or surveying operations The Coast Guard may withdraw ap- shall be marked, in the manner pre- proval of a sound signal if it fails to scribed by the District Commander, for meet the requirements of § 67.10–1 (a), the safety of navigation. (b), and (c). § 67.15–10 Spoil banks, artificial is- § 67.10–35 Notice of approval and with- lands, and dredged channels. drawal of approval. (a) All submerged spoil banks, or ar- (a) The Coast Guard publishes a no- tice of the approval or withdrawal of tificial islands resulting from the approval of a sound signal in the Local dredging of private channels, laying of Notice to Mariners. pipelines, or any other private oper- (b) A listing of approved sound sig- ation, and all privately dredged chan- nals may be obtained from any District nels which, in the judgment of the Dis- Commander. trict Commander are required to be marked by aids to navigation, shall be § 67.10–40 Sound signals authorized marked by private aids to navigation for use prior to January 1, 1973. conforming to the standard United Any sound signal authorized for use States system of aids to navigation by the Coast Guard and manufactured characteristics described in subpart B prior to January 1, 1973, is excepted of part 62 of this subchapter. from the requirements in this subpart, (b) To receive a permit to establish except §§ 67.10–1 (b) and (c), 67.10–5, and and maintain a private aid to naviga- 67.10–10, if the sound signal has a min- tion for the purposes described in para- imum sound pressure level as specified graph (a) of this section, submit your in Table A of Subpart 67.10 of Title 33 application to the District Commander. of the Code of Federal Regulations in The District Commander will review effect on December 31, 1972, for the all applications and issue all permits. range required by § 67.20–10, § 67.25–10, or § 67.30–10. [USCG–2001–10714, 69 FR 24983, May 5, 2004]

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Subpart 67.20—Class ‘‘A’’ cient candlepower as to be visible at a Requirements distance of at least three nautical miles 90 percent of the nights of the § 67.20–1 Class ‘‘A’’ structures. year. The lights shall be displayed not Class ‘‘A’’ structures shall be the less than 20 feet above mean high structures erected in an area where water, but not at a height greater than Class ‘‘A’’ requirements must be met. that specified in § 67.05–1(f), except that on Class ‘‘B’’ structures which are re- § 67.20–5 Obstruction lights. quired to be marked by only one light, that light may be displayed not less The obstruction lights shall be white than 10 feet above mean high water if lights as prescribed in Subpart 67.05 of this part. The lights shall be of suffi- the structural features preclude cient candlepower as to be visible at a mounting the light within the range of distance of at least five nautical miles heights otherwise specified in this sec- 90 percent of the nights of the year. tion. The lights shall be displayed not less (b) The District Commander may than 20 feet above mean high water, waive the requirement for obstruction but not at a height greater than that lights on Class ‘‘B’’ structures if there governed by the requirement in § 67.05– is no hazard to navigation by so doing. 1(f) that mariners be able to see at [CGFR 58–34, 23 FR 7701, Oct. 4, 1958, as least one of the lights, regardless of the amended by CGFR 62–32, 27 FR 10101, Oct. 13, angle of approach, until within 50 feet 1962] of the structure, visibility permitting. § 67.25–10 Sound signal. [CGFR 58–34, 23 FR 7701, Oct. 4, 1958, as amended by USCG–2001–10714, 69 FR 24983, (a) The owner of a Class ‘‘B’’ struc- May 5, 2004] ture shall: (1) Install a sound signal that has a § 67.20–10 Sound signal. rated range of at least one-half mile, (a) The owner of a Class ‘‘A’’ struc- except that the District Commander ture shall: may— (1) Install a sound signal that has a (i) Prescribe a greater rated range, rated range of at least 2 miles; and, not to exceed 2 miles, under the provi- (2) Operate the sound signal when the sions of paragraph (b) of this section; visibility in any direction is less than 5 or miles. (ii) Exempt the structure from the (b) The District Commander may requirements of this paragraph, under waive any requirements in paragraph the provisions of paragraph (c) of this (a) of this section if he or she finds that section; a structure is so close to other struc- (2) Operate the sound signal when the tures and so enveloped by the sound visibility in any direction is less than 3 signals on other structures that it is miles, unless the District Commander not a hazard to navigation. establishes a greater or lesser distance of visibility, not to exceed 5 miles, [CGD 72–74R, 37 FR 13513, July 8, 1972, as under the provisions of paragraph (b) amended by USCG–2001–10714, 69 FR 24984, or (c) of this section. May 5, 2004] (b) The owner of a Class ‘‘B’’ struc- ture shall install a sound signal with a Subpart 67.25—Class ‘‘B’’ greater rated range or operate it at Requirements times of greater visibility than re- quired in paragraph (a) of this section § 67.25–1 Class ‘‘B’’ structures. if: Class ‘‘B’’ structures shall be the (1) The structure is erected on or ad- structures erected in an area where jacent to the edge of a: Class ‘‘B’’ requirements must be met. (i) Navigable channel; (ii) Fairway; or § 67.25–5 Obstruction lights. (iii) Line of demarcation; and (a) The obstruction lights shall be (2) The District Commander decides a white lights as prescribed in Subpart greater range or operation of the sound 67.05 of this part and shall be of suffi- signal at times of greater visibility is

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necessary for the safety of marine com- degree required by this part, and are merce. not a hazard to navigation. (c) The District Commander may (c) Unless advised to the contrary by waive or relax the provisions of para- the District Commander, obstruction graph (a) of this section, if he or she lights shall be required on Class ‘‘C’’ finds that a structure is: structures erected in depths of water (1) So close to other structures and greater than 3 feet at mean low water. so enveloped by the sound signals on (d) In cases where, although not re- other structures that it is not a hazard quired, an applicant desires to estab- to navigation; or lish and operate obstruction lights, a (2) So located in a shoal area that it permit therefor shall be granted, at the is not a hazard to navigation. discretion of the District Commander: Provided, That the lights meet the re- [CGD 72–74R, 37 FR 13513, July 8, 1972, as quirements set forth in this part. amended by USCG–2001–10714, 69 FR 24983, 24984, May 5, 2004] [CGFR 58–34, 23 FR 7701, Oct. 4, 1958, as amended by CGFR 68–95, 33 FR 15285, Oct. 15, Subpart 67.30—Class ‘‘C’’ 1968; USCG–2001–10714, 69 FR 24983, 24984, May Requirements 5, 2004] § 67.30–10 Sound signals. § 67.30–1 Class ‘‘C’’ structures. (a) The owner of a Class ‘‘C’’ struc- Class ‘‘C’’ structures shall be the ture shall install a sound signal if: structures erected in an area where (1) The structure is erected on or ad- Class ‘‘C’’ requirements must be met. jacent to the edge of a: (i) Navigable channel; § 67.30–5 Obstruction lights. (ii) Fairways; or (a) The obstruction lights shall be (iii) Line of demarcation; and white or red lights as prescribed in (2) The District Commander decides Subpart 67.05 of this part and shall be it is necessary for the safety of marine of sufficient candlepower as to be visi- commerce. ble at a distance of at least one nau- (b) Sound signals required by para- tical mile 90 percent of the nights of graph (a) of this section must have the year. The lights shall be displayed rated range of at least one-half mile, at such height, above mean high water, unless the District Commander pre- as shall be prescribed by the District scribes a greater rated range, not to ex- Commander. When the District Com- ceed 2 miles. mander shall authorize red lights to (c) The owner of the structure shall mark a Class ‘‘C’’ structure, the color operate the sound signal required by thereof shall conform to the shade of paragraph (a) of this section whenever red prescribed in Military Specification the visibility in any direction is less Mil-C-25050 (ASG), Type 1, Grade D. A than 3 miles, unless the District Com- copy of the specification may be ob- mander establishes a greater or lesser tained from the Commanding Officer, distance of visibility, not to exceed 5 Document Automation and Production miles. Service, 700 Robbins Avenue, Building (d) Class ‘‘C’’ structures may have 4, Section D, Philadelphia, PA 19111– sound signals if: 5091. (1) Authorized by the District Com- (b) When Class ‘‘C’’ structures are mander under the provisions of Sub- erected in close proximity to each part 66.01 of this subchapter; and other, or are connected in such a man- (2) The sound signal meets the re- ner as to prevent marine traffic from quirements of § 67.10–1 (a) and (b). passing freely through the field, ob- struction lights may be authorized to [CGD 72–74R, 37 FR 13513, July 8, 1972] mark the perimeter structures only, when in the judgment of the District Subpart 67.35—Applications Commander the group of structures which are equipped with obstruction § 67.35–1 Procedure. lights are so arranged that the par- (a) An application, on Coast Guard ticular structures are protected to the forms which will be provided by the

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District Commander upon request, dressed to the District Commander shall be submitted for each private aid having jurisdiction over the area. to navigation for which a permit is re- quired to establish, operate, move, Subpart 67.40—Notification change or discontinue, except as modi- fied in this subpart. § 67.40–1 Notification to District Com- (b) An application on the prescribed mander. form shall be submitted to the District Commander for each structure to be (a) Class ‘‘A’’ structures. In the case of equipped with obstruction lights and/or structures to be located in areas where sound signals if the structure is to re- Class ‘‘A’’ requirements must be met, main in place six months or more. An notification shall be given to the Dis- application may be made by letter for trict Commander of the approximate each structure to be so equipped if the date work will commence, as soon as structure is to remain in place less known after a permit is received from than six months. the Corps of Engineers, U.S. Army, or (c) One application form only shall be 30 days in advance, if possible. Persons submitted to the District Commander constructing structures must notify to cover a group of unlighted buoys or the District Commander by either tele- daybeacons. gram or overnight mail on the day they begin construction. Within this § 67.35–5 Contents of application. notice, they must inform him or her of (a) All applicable items of the pre- the lights and sound signals they will scribed forms shall be completed. A use during construction. When con- brief descriptive print of the structure struction has been completed, the or aid to navigation involved shall be maintainer shall notify the District furnished with the application, to- Commander to that effect by letter, gether with a location plat or chart stating whether or not the authorized section. When Lambert coordinates are obstruction lights and/or sound signals used to plot the position of the aid, the plat or chart shall be annotated to are in operation. Final notification by show latitude and longitude of the pro- letter shall be given when the lights posed aid to navigation, except when used for general illumination, to facili- the position has been described by ref- tate the construction or operation of erence to one or more horizontal an- the structure, have been discontinued gles, or by the bearing and distance and the authorized obstruction lights from a charted landmark. placed in operation. (b) Each application shall have ap- (b) Class ‘‘B’’ structures. Notification pended to it a list showing the type, shall be given to the District Com- model, name and address of the manu- mander in the case of structures to be facturer of the lighting apparatus and located in areas where Class ‘‘B’’ re- sound signal equipment to be used. quirements must be met, in the same (c) Each application shall always manner as prescribed in the case of specify the date the proposals con- Class ‘‘A’’ structures, except that the tained therein are desired to be effec- telegram on the day construction of tive, and approval thereof must be ob- the structure is commenced shall not tained before the proposed action is un- be required. dertaken. (c) Class ‘‘C’’ structures. Notification § 67.35–10 Private aids to navigation. shall be given to the District Com- mander in the case of structures to be See § 67.15–10(b) for review of applica- located in areas where Class ‘‘C’’ re- tions respecting private aids to naviga- tion for spoil banks, artificial islands quirements must be met, upon comple- and dredged channels. tion of the structure. [CGFR 58–17, 23 FR 3377, May 20, 1958, as § 67.35–15 To whom addressed. amended by CGFR 62–32, 27 FR 10101, Oct. 13, The applications and correspondence 1962; USCG–2001–10714, 69 FR 24984, May 5, dealing with private aids to navigation 2004] and obstruction lighting should be ad-

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§ 67.40–5 Waivers. § 67.40–25 Penalty. (a) The District Commander is au- The penalty for violation is in sec- thorized to modify or waive any re- tion 1, 63 Stat. 501 (14 U.S.C. 85), or sec- quirement prescribed in this part tion 4(e)(2) of the Outer Continental whenever, in his or her judgment, the Shelf Lands Act (43 U.S.C. 1333). Any safety of marine commerce will not be person, firm, company, or corporation impaired by so doing. who shall fail or refuse to obey any of (b) When the District Commander the lawful rules and regulations issued shall determine that changed cir- in this part or pursuant thereto shall cumstances in the case of a structure, be guilty of a misdemeanor and shall whose obstruction lights and/or sound be fined not more than $100 for each of- signal have been modified or waived, fense. Each day during which such vio- constitutes a hazard to marine naviga- lation shall continue shall be consid- tion, he or she is authorized to revoke ered a new offense. or revise his or her previous action and to require the structure to be appro- priately marked by suitable obstruc- Subpart 67.50—District Regulations tion lights and/or sound signals in ac- cordance with this part. § 67.50–1 Scope. [CGFR 58–17, 23 FR 3377, May 20, 1958, as (a) The regulations in this subpart amended by USCG–2001–10714, 69 FR 24984, shall apply to the structures which are May 5, 2004] located within the boundaries of the Coast Guard districts hereinafter de- § 67.40–10 Communication with owner. fined. Communication with the owners of (b) Geographic coordinates expressed private aids to navigation by the Dis- in terms of latitude or longitude, or trict Commander shall be addressed to both, are not intended for plotting on their usual or last known place of busi- maps or charts whose referenced hori- ness, or to their local representative, if zontal datum is the North American any. Communication shall be by the Datum of 1983 (NAD 83), unless such ge- method considered appropriate for the ographic coordinates are expressly la- circumstances. beled NAD 83. Geographic coordinates without the NAD 83 reference may be § 67.40–15 Marking at owner’s expense. plotted on maps or charts referenced to The District Commander may mark, NAD 83 only after application of the for the protection of marine commerce, appropriate corrections that are pub- any structure whenever the owner lished on the particular map or chart thereof has failed suitably to mark the being used. same in accordance with this part, and the owner shall reimburse the Coast [CGD 86–082, 52 FR 33810, Sept. 8, 1987] Guard for all costs incurred. § 67.50–5 First Coast Guard District. § 67.40–20 Charges invoiced to owner. (a) Description. See § 3.05–1 of this Charges to the owner for the cost of chapter. marking a structure by the Coast (b) Line of demarcation. There is no Guard shall be determined in accord- line of demarcation prescribed for this ance with Part 74 of this subchapter. District. When required, it will be de- All such charges shall be invoiced to termined in accordance with § 67.01–20. the owner beginning with the date such marking is established and shall con- [CGFR 58–17, 23 FR 3377, May 20, 1958, as tinue until notice is received by the amended by CGFR 61–40, 26 FR 10353, Nov. 3, District Commander that the structure 1961] has been removed, or until the owner § 67.50–15 Fifth Coast Guard District. has applied for and been issued a per- mit by the District Commander to es- (a) Description. See § 3.25–1 of this tablish and operate the required ob- chapter. struction lights and/or sound signals or (b) Line of demarcation. There is no other markings required by this part. line of demarcation prescribed for this

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District. When required, it will be de- (vii) A point at Lat. 29°34′.0 N., Long. termined in accordance with § 67.01–20. 89°00′ W., thence to; ° ′ [CGFR 58–17, 23 FR 3377, May 20, 1958, as (viii) A point at Lat. 29 15 .0 N., Long. amended by CGFR 61–40, 26 FR 10353, Nov. 3, 89°00′ W., thence to; 1961] (ix) A point at Lat. 29°14′.0 N., Long. 88°57′.7 W., thence to; § 67.50–20 Seventh Coast Guard Dis- (x) A point at Lat. 29°10′.0 N., Long. trict. 88°57′.0 W., thence to; (a) Description. See § 3.35–1 of this (xi) A point at Lat. 29°03′.6 N., Long. chapter. 89°02′.3 W., thence via the five fathom (b) Line of demarcation. There is no curve to; line of demarcation prescribed for this (xii) A point at latitude 28°58′.1 N., District. When required, it will be de- longitude 89°09′.6 W., thence to; termined in accordance with § 67.01–20. (xiii) A point at latitude 28°57′.8 N., [CGFR 58–17, 23 FR 3377, May 20, 1958, as longitude 89°13′.6 W., thence to; amended by CGFR 61–40, 26 FR 10353, Nov. 3, (xiv) A point at latitude 28°57′.8 N., 1961] longitude 89°19′.5 W., thence to; ° ′ § 67.50–25 Eighth Coast Guard District. (xv) A point at latitude 28 53 .8 N., longitude 89°25′.7 W., thence to; (a) Description. See § 3.40–1 of this (xvi) A point at latitude 28°52′.6 N., chapter. longitude 89°25′.9 W., thence via the 10 (b) Lines of demarcation. The two lines fathom curve to; of demarcation described in this sec- ° ′ tion are for administrative purposes to (xvii) A point at latitude 29 00 N., ° ′ distinguish between the areas in which longitude 89 34 .0 W., thence to; structures shall be subject to Class (xviii) A point at latitude 29°00′ N., ‘‘A’’, ‘‘B’’ or ‘‘C’’ requirements. The longitude 90°05′.0 W., thence to; primary line of demarcation delimits (xix) A point at latitude 28°46′.3 N., the areas to the seaward of which Class longitude 91°07′.5 W., thence to; ‘‘A’’ requirements are imposed. The (xx) A point at latitude 29°11′.5 N., secondary line of demarcation delimits longitude 92°21′.0 W., thence to; the areas to the shoreward of which (xxi) A point at latitude 29°29′.0 N., Class ‘‘C’’ requirements are imposed. In longitude 92°32′.3 W., thence via the 5 those areas where no secondary line of fathom curve to; demarcation is prescribed, the struc- (xxii) A point at latitude 29°41′.2 N., tures shoreward of the primary line of longitude 93°19′.9 W., thence to; demarcation are considered to be Class (xxiii) A point at latitude 29°38′.7 N., ‘‘C’’ structures. Class ‘‘B’’ require- longitude 93°49′.4 W., thence to; ments are imposed on the structures in (xxiv) A point on the 5 fathom curve the areas between the two lines of de- at latitude 29°35′.8 N., longitude 94°00′′ marcation. W., thence via the 5 fathom curve to; (1) The coordinates of the primary (xxv) A point at latitude 29°26′.7 N., line of demarcation within the jurisdic- longitude 94°30′.0 W., thence to; tion of the District Commander are as (xxvi) A point at latitude 28°55′.3 N., follows: longitude 95°16′.3 W., thence to; (i) Commencing at a point at Lat. (xxvii) A point at latitude 28°54′.9 N., 30°11′.3 N., Long. 88°03′.0 W., thence to; longitude 95°15′.6 W., thence to; (ii) A point at Lat. 30°11′.5 N., Long. ° ′ 88°31′.7 W., thence to; (xxviii) A point at latitude 28 19 .3 N., ° ′ (iii) A point at Lat. 30°12′.7 N., Long. longitude 96 23 .3 W., thence to; 88°58′.0 W., thence to; (xxix) A point at latitude 27°49′.5 N., (iv) A point due west of (iii) at Long. longitude 97°01′.2 W., thence to; 89°00′ W., thence to; (xxx) A point on the 10 fathom curve (v) A point at Lat. 30°08′.0 N., Long. at latitude 27°30′.0 N., longitude 97°10′.0 89°00′ W., thence to; W., thence via the 10 fathom curve to; (vi) A point at Lat. 30°04′.7 N., Long. (xxxi) A point at latitude 27°00′ N., 88°53′.7 W., thence via a line two miles longitude 97°17′.5 W., thence to; to seaward around Chandeleur Island (xxxii) A point at latitude 26°04′.1 N., to; longitude 97°08′.6 W.

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(2) The coordinates of the secondary (xxviii) A point at Lat. 29°34′.1 N., line of demarcation within the jurisdic- Long. 92°39′.3 W., thence to; tion of the District Commander are as (xxix) A point at Lat. 29°41′.1 N., follows: Long. 92°57′.2 W., thence to; (i) Commencing at a point in Breton (xxx) A point at Lat. 29°44′.6 N., Long. Sound at Lat. 29°34′.0 N., Long. 89°00′.0 93°07′.9 W., thence to; W., thence to; (xxxi) A point at Lat. 29°45′.6 N., (ii) A point at Lat. 29°30′.0 N., Long. Long. 93°13′.7 W., thence to; 89°10′.0 W., thence to; (xxxii) A point at Lat. 29°45′.6 N., (iii) A point at Lat. 29°20′.9 N., Long. Long. 93°17′.3 W., thence to; 89°10′.0 W., thence to; (xxxiii) A point at Lat. 29°44′.3 N., (iv) A point at Lat. 29°15′.3 N., Long. Long. 93°21′.0 W., thence to; 89°04′.0 W., thence to; (xxxiv) A point at Lat. 29°45′.3 N., (v) A point at Lat. 29°14′.1 N., Long. Long. 93°30′.0 W., thence to; 88°59′.0 W., thence to; (xxxv) A point at Lat. 29°43′.3 N., (vi) A point at Lat. 29°08′.6 N., Long. Long. 93°43′.7 W., thence to; ° ′ 88 58 .3 W., thence to; (xxxvi) A point at Lat. 29°41′.0 N., ° ′ (vii) A point at Lat. 29 02 .1 N., Long. Long. 93°48′.8 W., thence to; ° ′ 89 06 .6 W., thence to; (xxxvii) A point at Lat. 29°38′.8 N., ° ′ (viii) A point at Lat. 28 58 .1 N., Long. Long. 93°50′.8 W., thence to; ° ′ 89 08 .4 W., thence to; (xxxviii) A point at Lat. 29°40′.0 N., ° ′ (ix) A point at Lat. 29 01 .1 N., Long. Long. 93°57′.3 W., thence to; 89°16′′.1 W., thence to; ° ′ ° ′ (xxxix) A point at Lat. 29 39 .3 N., (x) A point at Lat. 28 53 .7 N., Long. Long. 94°05′.0 W., thence to; 89°26′.0 W., thence to; (xl) A point at Lat. 29°27′.0 N., Long. (xi) A point at Lat. 28°54′.3 N., Long. 94°37′.0 W., thence to; 89°27′.5 W., thence to; (xli) A point at Lat. 29°23′.1 N., Long. (xii) A point at Lat. 29°02′.2 N., Long. 94°42′.6 W., thence to; 89°24′.2 W., thence to; (xlii) A point at Lat. 29°20′.4 N., Long. (xiii) A point at Lat. 29°11′.8 N., Long. 94°41′.5 W., thence to; 89°30′.0 W., thence to; ° ′ (xliii) A point at Lat. 29°06′.6 N., (xiv) A point at Lat. 29 17 .9 N., Long. ° ′ 89°46′.6 W., thence to; Long. 95 04 .4 W., thence to; ° ′ (xv) A point at Lat. 29°17′.1 N., Long. (xliv) A point at Lat. 29 04 .6 N., ° ′ 89°50′.8 W., thence to; Long. 95 05 .7 W., thence to; ° ′ (xvi) A point at Lat. 29°14′.5 N., Long. (xlv) A point at Lat. 29 02 .0 N., Long. ° ′ 89°55′.1 W., thence to; 95 10 .0 W., thence to; ° ′ (xvii) A point at Lat. 29°10′.9 N., (xlvi) A point at Lat. 28 57 .3 N., ° ′ Long. 90°02′.9 W., thence to; Long. 95 16 .2 W., thence to; (xviii) A point at Lat. 29°05′.5 N., (xlvii) A point at Lat. 28°55′.3 N., Long. 90°10′.0 W., thence to; Long. 95°17′.9 W., thence to; (xix) A point at Lat. 29°04′.5 N., Long. (xlviii) A point at Lat. 28°39′.5 N., 90°12′.0 W., thence to; Long. 95°48′.4 W., thence to; (xx) A point at Lat. 29°02′.0 N., Long., (xlix) A point at Lat. 28°32′.1 N., 90°20′.8 W., thence to; Long. 96°06′.9 W., thence to; (xxi) A point at Lat. 29°01′.9 N., Long. (l) A point at Lat. 28°26′.4 N., Long. 90°24′.9 W., thence to; 96°17′.8 W., thence to; (xxii) A point at Lat. 29°03′.6 N., (li) A point at Lat. 28°23′.6 N., Long. Long. 90°32′.8 W., thence to; 96°21′.5 W., thence to; (xxiii) A point at Lat. 29°01′.9 N., (lii) A point at Lat. 28°19′.7 N., Long. Long. 90°41′.7 W., thence to; 96°23′.3 W., thence to; (xxiv) A point at Lat. 29°00′.8 N., (liii) A point at Lat. 28°19′.3 N., Long. Long. 90°50′.0 W., thence to; 96°25′.2 W., thence to; (xxv) A point at Lat. 29°02′.4 N., Long. (liv) A point at Lat. 28°14′.8 N., Long. 91°01′.5 W., thence to; 96°35′.0 W., thence to; (xxvi) A point at Lat. 29°28′.5 N., (lv) A point at Lat. 28°09′.1 N., Long. Long. 92°10′.1 W., thence to; 96°43′.8 W., thence to; (xxvii) A point at Lat. 29°31′.1 N., (lvi) A point at Lat. 28°02′.4 N., Long. Long. 92°21′.8 W., thence to; 96°52′.2 W., thence to;

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(lvii) A point at Lat. 27°56′.2 N., Long. properly marked. The spoil banks 96°58′.3 W., thence to; should be examined at frequent inter- (lviii) A point at Lat. 27°52′.8 N., vals in order that the changing condi- Long. 97°01′.1 W., thence to; tions may be kept under control. As (lix) A point at Lat. 27°49′.3 N., Long. markers are no longer required due to 97°03′.0 W., thence to; settling of banks, the Coast Guard will (lx) A point at Lat. 27°46′.4 N., Long. authorize their removal upon applica- ° ′ 97 05 .6 W., thence to; tion. ° ′ (lxi) A point at Lat. 27 38 .9 N., Long. (2) All openings in such submerged ° ′ 97 10 .6 W., thence to; spoil shall be marked by daybeacons on (lxii) A point at Lat. 27°28′.3 N., Long. each side of the openings. When spoil is 97°16′.2 W., thence to; located on each side of a channel or (lxiii) A point at Lat. 27°21′.9 N., Long. 97°18′.9 W., thence to; pipe line, each bank will be considered (lxiv) A point at Lat. 27°13′.7 N., separately. The daybeacons shall be Long. 97°21′.2 W., thence to; equipped with arrows designating the (lxv) A point at Lat. 27°05′.4 N., Long. safe water through the opening. These 97°22′.3 W., thence to; daybeacons may also be used as chan- (lxvi) A point at Lat. 26°57′.1 N., nel markers for the dredged channels Long. 97°22′.2 W., thence to; providing they are also equipped with (lxvii) A point at Lat. 26°48′.9 N., arrows designating the spoil bank Long. 97°20′.9 W., thence to; openings. (lxviii) A point at Lat. 26°39′.1 N., (3) When spoil banks constituting an Long. 97°18′.1 W., thence to; obstruction to navigation abut an es- (lxix) A point at Lat. 26°28′.8 N., tablished traveled waterway, the out- Long. 07°14′.3 W., thence to; board spoil bank markers shall be (lxx) A point at Lat. 26°18′.3 N., Long. equipped with quick flashing lights de- 97°11′.3 W., thence to; scribed in Subpart 67.30 of this part, ex- (lxxi) A point at Lat. 26°11′.7 N., cept that the color shall be in accord- ° ′ Long. 97 10 .2 W., thence to; ance with the provisions of Subpart ° ′ (lxxii) A point at Lat. 26 04 .8 N., 62.25 of Part 62 of this subchapter. Long. 97°09′.3 W., thence to; (e) Applications. All applications for (lxxiii) A point at Lat. 26°04′.2 N., private aids to navigation and all cor- Long. 97°08′.8 W., thence to; respondence dealing with private aids (lxxiv) A point at Lat. 25°58′.3 N., Long. 97°08′.3 W. to navigation and obstruction lighting (c) Seismographic and surveying oper- must be addressed to Commander ations. (1) All stakes and casings (oan), Eighth Coast Guard District, (pipes), except bamboo poles and wood- Hale Boggs Federal Building, 501 Maga- en stakes less than 2 inches in diame- zine Street, New Orleans, Louisiana ter, placed in the water during seis- 70130–3396. 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 sound 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 channels, laying of pipelines, or any other operation, which constitutes an obstruction to navigation, shall be

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areas in which Class ‘‘A’’, Class ‘‘B’’, or District. When required, it will be de- Class ‘‘C’’ requirements must be met. termined in accordance with § 67.01–20. [CGFR 58–17, 23 FR 3377, May 20, 1958, as [CGFR 58–17, 23 FR 3377, May 20, 1958, as amended by CGFR 61–40, 26 FR 10353, Nov. 3, amended by CGFR 62–25, 27 FR 8733, Aug. 31, 1961; CGFR 65–34, 30 FR 9485, July 29, 1965; 1962] CGFR 68–95, 33 FR 15285, Oct. 15, 1968; USCG– 2000–7223, 65 FR 40055, June 29, 2000; USCG– § 67.50–50 Seventeenth Coast Guard 2001–9286, 66 FR 33640, June 25, 2001] District. (a) Description. See § 3.85–1 of this § 67.50–30 Ninth Coast Guard District. chapter. (a) Description. See § 3.45–1 of this (b) Line of demarcation. There is no chapter. line of demarcation prescribed for this (b) Line of demarcation. There is no District. When required it will be de- termined in accordance with § 67.01–20. line of demarcation prescribed for this District. When required, it will be de- [CGFR 68–95, 33 FR 15285, Oct. 15, 1968] termined in accordance with § 67.01–20. [CGFR 58–17, 23 FR 3377, May 20, 1958, as PART 70—INTERFERENCE WITH OR amended by CGFR 61–40, 26 FR 10353, Nov. 3, DAMAGE TO AIDS TO NAVIGA- 1961] TION

§ 67.50–35 Eleventh Coast Guard Dis- Subpart 70.01—Interference With Aids to trict. Navigation (a) Description. See § 3.55–1 of this Sec. chapter. 70.01–1 General provisions. (b) Line of Demarcation. The line of 70.01–5 Penalty. demarcation described in this section is for administrative purposes to dis- Subpart 70.05—Collision With or Damage tinguish between the areas in which to Aids to Navigation structures shall be subject to Class 70.05–1 General provisions. ‘‘A’’, ‘‘B’’, or ‘‘C’’ requirements. The 70.05–5 Penalty. line delimits the areas to seaward of 70.05–10 Revocation of merchant mariner which class ‘‘A’’ requirements are im- credential officer endorsement or license. posed. The line of demarcation within 70.05–15 Liability for damages. 70.05–20 Report required. the jurisdiction of the District Com- mander is defined as follows: AUTHORITY: Secs. 14, 16, 30 Stat. 1152, 1153; (1) Commencing at a point of latitude secs. 84, 86, 92, 633, 642, 63 Stat. 500, 501, 503, ° ′ ° ′ 545, 547 (33 U.S.C. 408, 411, 412; 14 U.S.C. 84, 86, 41 59.8 N., longitude 124 19.5 W., thence 92, 633, 642). southward along the seaward limit of the territorial sea to; ° ′ Subpart 70.01—Interference With (2) A point at latitude 32 32.0 N, lon- Aids to Navigation gitude 117°11.0′ W. (c) Structures located within a half § 70.01–1 General provisions. nautical mile of Traffic Separation No person, excluding the Armed Scheme Los Angeles/Long Beach will Forces, shall obstruct or interfere with also be subject to class ‘‘A’’ require- any aid to navigation established and ments. The traffic separation scheme is maintained by the Coast Guard, or any depicted on National Ocean Service private aid to navigation established Charts 18740, 18720, 18725, 18746, 18721. and maintained in accordance with [CGD11–86–02, 52 FR 37613, Oct. 8, 1987] part 64, 66, 67, or 68 of this subchapter. [CGFR 58–17, 23 FR 3383, May 20, 1958] § 67.50–45 Thirteenth Coast Guard Dis- trict. § 70.01–5 Penalty. (a) Description. See § 3.65–1 of this Any person violating the provisions chapter. of this section shall be deemed guilty (b) Line of demarcation. There is no of a misdemeanor and be subject to a line of demarcation prescribed for this fine not exceeding the sum of $500 for

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each offense, and each day during pended for a term to be fixed by the which such violation shall continue judge before whom tried and convicted. shall be considered a new offense. [CGFR 52–15, 18 FR 12, Jan. 1, 1953, as amend- [CGFR 52–15, 18 FR 12, Jan. 1, 1953] ed by USCG–2006–24371, 74 FR 11211, Mar. 16, 2009]

Subpart 70.05—Collision With or § 70.05–15 Liability for damages. Damage to Aids to Navigation Any boat, vessel, scow, raft or other craft used or employed in violating any SOURCE: CGFR 52–15, 18 FR 12, Jan. 1, 1953, of the provisions of § 70.05–1 shall be lia- unless otherwise noted. ble for the pecuniary penalties speci- fied in § 70.05–5, and in addition thereto § 70.05–1 General provisions. for the amount of damage done by said No person shall take possession of or boat, vessel, scow, raft or other craft, make use of for any purpose, or build which may be proceeded against sum- upon, alter, deface, destroy, move, in- marily by way of libel in any district jure, obstruct by fastening vessels court of the United States having juris- thereto or otherwise, or in any manner diction thereof. whatever impair the usefulness of any § 70.05–20 Report required. aid to navigation established and main- tained by the United States. Whenever any vessel collides with an aid to navigation established and main- § 70.05–5 Penalty. tained by the United States or any pri- Every person and every corporation vate aid to navigation established or maintained in accordance with Part 64, that shall violate, or that shall know- 66, 67, or 68 of this subchapter, or is ingly aid, abet, authorize, or instigate connected with any such collision, it a violation of the provisions of § 70.05– shall be the duty of the person in 1 shall be guilty of a misdemeanor, and charge of such vessel to report the ac- on conviction thereof shall be punished cident to the nearest Officer in Charge, by a fine of up to $25,000 per day, or by Marine Inspection, in accordance with imprisonment (in case of a natural per- 46 CFR 4. son) for not less than thirty days nor more than one year, or both, one half [CGFR 58–17, 23 FR 3383, May 20, 1958, as amended by CGFR 61–55, 26 FR 12572, Dec. 28, of such fine to be paid to the person or 1961; CGD 97–023, 62 FR 33362, June 19, 1997] persons giving information which shall lead to conviction. PART 72—MARINE INFORMATION [CGFR 52–15, 18 FR 12, Jan. 1, 1953, as amend- ed by USCG–2009–0416, 74 FR 27438, June 10, Subpart 72.01—Notices to Mariners 2009] Sec. § 70.05–10 Revocation of merchant 72.01–1 Purpose. mariner credential officer endorse- 72.01–5 Local Notice to Mariners. ment or license. 72.01–10 Notice to Mariners. Every master, pilot, and engineer, or 72.01–15—72.01–20 [Reserved] 72.01–25 Marine broadcast notice to mari- person or persons acting in such capac- ners. ity, respectively, on board any boat or 72.01–30 Temporary deficiencies. vessel who shall willfully injure or de- 72.01–35 Change of address. stroy an aid to navigation established 72.01–40 Single copies. and maintained by the United States shall be deemed guilty of violating the Subpart 72.05—Light Lists provisions of § 70.05–1 and shall upon 72.05–1 Purpose. conviction be punished as provided in 72.05–5 Sales agencies. § 70.05–5 and shall also have his mer- 72.05–10 Free distribution. chant mariner credential officer en- AUTHORITY: 14 U.S.C. 85, 633; 43 U.S.C. 1333; dorsement or license revoked or sus- Department of Homeland Security Delega- tion No. 0170.1.

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Subpart 72.01—Notices to (1) Useful in updating the latest edi- Mariners tions of charts and publications of the National Geospatial-Intelligence Agen- § 72.01–1 Purpose. cy, National Ocean Service, U.S. Army Corps of Engineers, and Coast Guard; The Coast Guard issues information (2) Selected from the ‘‘Local Notice concerning the establishment of aids to to Mariners’’ issued and published by maritime navigation and the changes, the 1 st, 5 th, 7 th, 8 th, 9 th, 11 th, 13 th, discontinuances, and deficiencies, ex- 14 th, and 17 th Coast Guard districts; cept temporary deficiencies that are and easily correctable, of aids to maritime (3) Compiled from foreign notices to navigation maintained and operated by mariners, ship reports, and similar co- or under the authority of the Coast operating observer reports. Guard in documents and marine broad- (b) ‘‘Notice to Mariners’’ is published casts having the general title of ‘‘No- weekly by the National Imagery and tice to Mariners.’’ This subpart de- Mapping Agency. The ‘‘Notice to Mari- scribes the publications and the marine ners’’ is prepared by the: broadcasts. (1) Coast Guard; [CGD 70–147R, 37 FR 10669, May 26, 1972] (2) National Ocean Service; and (3) National Imagery and Mapping § 72.01–5 Local Notice to Mariners. Agency. (a) ‘‘Local Notice to Mariners’’ re- (c) This notice may be obtained free ports changes to and deficiencies in of charge from commercial maritime aids to navigation that are established sources and upon request to the De- or maintained and operated by or fense Logistics Agency, Defense Supply under the authority of the Coast Center Richmond, ATTN: JNB, 8000 Guard, and any other information per- Jefferson Davis Highway, Richmond, taining to the waterways within each VA 23297–5100 or FAX 804–279–6510, Coast Guard district that is of interest ATTN: Accounts Manager, RMF. Re- to the mariner. quest should be based on affirmative (b) ‘‘Local Notice to Mariners’’ is need for the information. published and issued weekly by each NOTE TO § 72.01–10: You may also access No- Coast Guard district or more often if tice to Mariners through the National there is a need to notify mariners of Geospatial-Intelligence Agency’s Web site local waterway information. (http://pollux.nss.nima.mil); look for ‘‘U.S. No- (c) Any person may apply to the local tice to Mariners’’. Coast Guard District Office to be [CGD 97–023, 62 FR 33362, June 19, 1997, as placed on the mailing list for the amended by USCG–2001–9286, 66 FR 33640, ‘‘Local Notice to Mariners.’’ The June 25, 2001; USCG–2001–10714, 69 FR 24984, ‘‘Local Notice to Mariners’’ is mailed May 5, 2004; USCG–2009–0416, 74 FR 27438, June 10, 2009] to the public free of charge.

NOTE TO § 72.01–5: You may also access §§ 72.01–15—72.01–20 [Reserved] Local Notice to Mariners free of charge on the Internet from the Coast Guard Naviga- § 72.01–25 Marine broadcast notice to tion Center’s Web site (http:// mariners. www.navcen.uscg.gov/°); look for ‘‘Local No- (a) The Coast Guard broadcasts no- tice to Mariners’’. tices to mariners on its own or U.S. [CGD 70–147R, 37 FR 10669, May 26, 1972, as Navy radio stations to report naviga- amended by USCG–2001–10714, 69 FR 24984, tional warnings containing informa- May 5, 2004] tion of importance to the safety of navigation of vessels, such as the posi- § 72.01–10 Notice to Mariners. tion of ice and derelicts, defects, and (a) ‘‘Notice to Mariners’’ is intended changes to aids to navigation, and to advise mariners of new hydrographic drifting mines. Radio stations broad- discoveries, changes in channels and casting marine information are listed navigational aids, and information con- in ‘‘Radio Navigational Aids’’ (Na- cerning the safety of navigation. ‘‘No- tional Geospatial-Intelligence Agency tice to Mariners’’ also contains infor- Publication 117) and United States mation— Coast Pilots.

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(b) Any person may purchase ‘‘Radio ters of the United States, its terri- Navigational Aids’’ online from the tories and possessions: U.S. Government Online Bookstore at (1) Volume I, Atlantic Coast, from St. http://bookstore.gpo.gov, by Fax at 202– Croix River, Maine, to Shrewsbury 512–2104, or by telephone at 202–512–1800. River, New Jersey. Send mail orders including payment to (2) Volume II, Atlantic Coast, from U.S. Government Printing Office, Su- Shrewsbury River, New Jersey, to Lit- perintendent of Documents, P.O. Box tle River, South Carolina. 371954, Pittsburgh, PA 15250–1954. (3) Volume III, Atlantic and Gulf (c) Any person may purchase United Coasts, from Little River, South Caro- States Coast Pilots from any author- lina, to Econfina River, Florida, in- ized agent for the sale of National cluding Puerto Rico and the U.S. Vir- Ocean Service charts and publications gin Islands. whose names and addresses are con- (4) Volume IV, Gulf of Mexico, from tained in the National Ocean Service Econfina River, Florida to Rio Grande, Chart Catalogs. Texas. (5) Volume V, Mississippi River Sys- [CGD 97–023, 62 FR 33362, June 19, 1997; tem. USCG–2001–9286, 66 FR 33640, June 25, 2001; (6) Volume VI, Pacific Coast and Pa- USCG–2006–25150, 71 FR 39208, July 12, 2006; USCG–2009–0416, 74 FR 27438, June 10, 2009] cific Islands. (7) Volume VII, Great Lakes. § 72.01–30 Temporary deficiencies. (b) The Light Lists contain the offi- cial name, location, characteristics, Temporary deficiencies in aids to and general description of federal, navigation are not published in Notices state, and private aids to navigation to Mariners when it is known that the maintained by or under authority of defects will be corrected promptly. the U.S. Coast Guard, which are placed [CGFR 52–15, 18 FR 13, Jan. 1, 1953] in navigable waters used by general navigation. The Light Lists do not con- § 72.01–35 Change of address. 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 not used by general navigation; nor do when Notices to Mariners are no longer they contain information concerning required. mooring buoys and some special marks having no lateral significance such as [CGFR 52–15, 18 FR 13, Jan. 1, 1953] fish net, dredging, and racing buoys. § 72.01–40 Single copies. (14 U.S.C. 93; 49 U.S.C. 108; 49 CFR 1.46) Single copies of the ‘‘Notice to Mari- [CGFR 60–63, 25 FR 8949, Sept. 17, 1960, as ners’’ described in § 72.01–10 may be ob- amended by CGFR 63–48, 28 FR 10379, Sept. tained or consulted at: 25, 1963; CGD 85–042, 50 FR 50904, Dec. 13, 1985; (a) Coast Guard District Com- CGD 88–105, 54 FR 12612, Mar. 28, 1989; USCG– manders’ Offices; 2001–9286, 66 FR 33640, June 25, 2001] (b) National Ocean Service Field Of- § 72.05–5 Sales agencies. fices; (c) The National Imagery and Map- Each volume of the Light List is for ping Agency; and sale by the Superintendent of Docu- (d) Custom Houses. ments, Government Printing Office, and can be ordered online from the U.S. [CGD 97–023, 62 FR 33362, June 19, 1997] Government Online Bookstore at http:// bookstore.gpo.gov, by Fax at 202–512– Subpart 72.05—Light Lists 2104, or by telephone at 202–512–1800. Send mail orders including payment to § 72.05–1 Purpose. U.S. Government Printing Office, Su- (a) The Coast Guard publishes the perintendent of Documents, P.O. Box following Light Lists annually, with 371954, Pittsburgh, PA 15250–1954. Noti- the exception of Volume V, which is fication of publication of a new edition published biennially, covering the wa- of the Light List is published in the

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‘‘Local Notices to Mariners’’ and ‘‘No- behalf of the United States in accord- tice to Mariners’’ for the particular ance with Part 25 of this title. area that is covered as soon as the edi- [CGFR 70–7, 35 FR 4048, Mar. 4, 1970] tion is available for distribution. [USCG–2001–9286, 66 FR 33640, June 25, 2001, as § 74.01–10 Charges invoiced to owner amended by USCG–2006–25150, 71 FR 39208, for marking sunken wrecks and July 12, 2006] other obstructions to navigation. Charges for the establishment, main- § 72.05–10 Free distribution. tenance, and replacement by the Coast Official copies are distributed free of Guard of an aid, either permanent or charge to Federal, State, and foreign temporary, to mark a sunken wreck or governments, municipalities, libraries other obstruction to navigation are and other public institutions. calculated to recover the Coast Guard

NOTE TO § 72.05–10: You may also access costs involved in, or associated with, Coast Guard Light data through the fol- the marking process. These charges lowing National Geospatial-Intelligence will be invoiced to the owner of the ob- Agency’s Web site: (http://pollux.nss.nima.mil/ struction. Charges for the removal of pubs/USCGLL/pubsljluscgllllist.html). aids to navigation established by the (R.S. 501, as amended, sec. 5, 38 Stat. 75; 44 Coast Guard will be invoiced to the U.S.C. 82, 84) owner unless the District Engineer re- [CGFR 51–15, 18 FR 13, Jan. 1, 1953, as amend- quests the continued marking of the ed by USCG–2001–10714, 69 FR 24984, May 5, obstruction. All charges will be as- 2004] sessed in accordance with Subpart 74.20 of this part. PART 74—CHARGES FOR COAST [CGD 81–051, 48 FR 15468, Apr. 11, 1983] GUARD AIDS TO NAVIGATION WORK § 74.01–15 Charges for placement of temporary aids. Subpart 74.01—Charges to the Public Charges for placement of temporary aids will be reimbursable and in ac- Sec. cordance with Subpart 74.20 of this 74.01–1 Claim for damage, destruction, or displacement. part. Where the placement of tem- 74.01–10 Charges invoiced to owner for porary aids other than those specified marking sunken wrecks and other ob- is made, a reasonable equivalence will structions to navigation. be determined, and charges made ac- 74.01–15 Charges for placement of temporary cordingly. aids. 74.01–20 Deposit of payment in special ac- § 74.01–20 Deposit of payment in spe- count. cial account. Subpart 74.20—Aids to Navigation Costs Whenever an aid to navigation or other property belonging to the Coast 74.20–1 Buoy and vessel use costs. Guard is damaged or destroyed by a AUTHORITY: 14 U.S.C. 81, 85, 86, 92, 93, 141, private person, such person shall pay 633, 642, 647; 49 CFR 1.46 (b). to the satisfaction of the Coast Guard the cost of repair or replacement of SOURCE: CGFR 58–50, 24 FR 5608, July 11, 1959, unless otherwise noted. such property. The Coast Guard will accept and deposit such payment in a special account in the Treasury for Subpart 74.01—Charges to the payment therefrom of the cost of re- Public pairing or replacing the damaged prop- erty. Funds collected in excess of the § 74.01–1 Claim for damage, destruc- tion, or displacement. cost to make repairs or replacements shall be refunded. Whenever an aid to navigation is damaged, destroyed, or displaced from its station, a claim shall be made on

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Subpart 74.20—Aids to Navigation private aids to navigation to mark Costs wrecks, piers, or other obstructions; contractors engaged on public works; § 74.20–1 Buoy and vessel use costs. and in other cases in which in the judg- (a) The buoy and vessel use costs for ment of the Commandant the public in- establishing, maintaining, repairing, terest may be served: Provided: replacing, or removing an aid to navi- (a) Such equipment has not been re- gation under the requirements of this ported by the Coast Guard to the Gen- part are contained in COMDTINST 7310 eral Services Administration as excess (series) which is available from the (if the equipment has been reported to District Budget Office of the appro- the General Services Administration as priate Coast Guard District Com- excess, the Commandant will submit mander. the request to that administration for (b) Buoy and vessel use charges under further action); and this part are made for the cost or value (b) Such equipment is not readily of time, in hours, consumed by the procurable in the open market. Re- Government vessel, including ship’s quests to purchase such apparatus or complement, employed in marking the equipment shall give sufficient reasons obstruction. No charge for time and ex- why the article or articles cannot be pense of Coast Guard vessels is made readily procured in the open market. If when the marking of the obstruction the Commandant considers that an ar- causes only minimal interruption of ticle can be readily procured in the routinely scheduled ship’s duty. open market the prospective purchaser will be so informed, and given the [CGD 81–051, 48 FR 15468, Apr. 11, 1983, as names of dealers or manufacturers. amended by USCG–2000–7223, 65 FR 40055, June 29, 2000] Sales shall be invoiced at cost plus 25 percent for overhead. Proceeds of such sales shall be deposited in the Treasury PART 76—SALE AND TRANSFER OF to the credit of the current appropria- AIDS TO NAVIGATION EQUIPMENT tion for operating expenses, Coast Guard. Subpart 76.01—Sale of Equipment Sec. § 76.01–5 Sale of condemned equip- 76.01–1 Sale of equipment not readily pro- ment. curable. When any condemned supplies, mate- 76.01–5 Sale of condemned equipment. rials, or equipment cannot be profit- ably used in work of the Coast Guard, Subpart 76.10—Federal Agencies they will be disposed of under appro- 76.10–1 Exemption. priate regulations of the General Serv- AUTHORITY: Sec. 92, 63 Stat. 503; sec. 641, 63 ices Administration. Applications for Stat. 547, as amended (14 U.S.C. 92, 641). purchase of such materials may be sub- mitted to the Commandant who will SOURCE: CGFR 52–15, 18 FR 14, Jan. 1, 1953, unless otherwise noted. process them for further action under the applicable regulations. Subpart 76.01—Sale of Equipment Subpart 76.10—Federal Agencies § 76.01–1 Sale of equipment not readily procurable. § 76.10–1 Exemption. The Commandant is authorized to Nothing in this part shall be con- sell aids to navigation apparatus or strued to affect the regulations con- equipment to foreign, state, or munic- cerning the transfer of supplies, mate- ipal governments or departments rials, equipment, or land between other thereof; parties required to maintain Federal agencies.

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