Statutory Authorization

33CFR66.pdf

CG-2554 Private Aids to Navigation Application. CG-4143 Application for Class I Private Aids to Navigation Artificial Islands/Fixed Structures

Statutory Authorization

OMB: 1625-0011

Document [pdf]
Download: pdf | pdf
Coast Guard, DHS

§ 66.01–1

(h) Prevailing and historical weather
conditions;
(i) Length of time that the obstruction has been in existence;
(j) History of vessel incidents involving the obstruction; and
(k) Whether the obstruction is defined as a hazard to navigation under
other statutes or regulations.

66.01–15 Action by Coast Guard.
66.01–20 Inspection.
66.01–25 Discontinuance and removal.
66.01–30 Corps of Engineers’ approval.
66.01–40 Exemptions.
66.01–45 Penalties.
66.01–50 Protection of private aids to navigation.
66.01–55 Transfer of ownership.

Subpart 66.05—State Aids to Navigation

[CGD 91–031, 57 FR 43403, Sept. 21, 1992]

§ 64.33 Marking by the Coast Guard.
(a) The District Commander may
mark for the protection of maritime
navigation any structure, sunken vessel or other obstruction that is not
suitably marked by the owner. Markings established by the Coast Guard do
not relieve the owner’s duty or responsibility to mark the sunken vessel or
other obstruction, or to remove it as
required by law.
(b) Costs for markings established by
the Coast Guard will be determined in
accordance with part 74 of this Chapter.
(c) Costs for marking of a sunken
vessel or other obstruction shall be
charged to the owner and shall continue until:
(1) The vessel or other obstruction is
removed;
(2) The right of the owner to abandon
is legally established and has been exercised; or
(3) The District Commander directs
otherwise.
NOTE: When the needs of navigation permit, the owner may be given reasonable opportunity to establish and maintain the necessary markings.

PART 66—PRIVATE AIDS TO
NAVIGATION

ebenthall on PRODPC61 with CFR

Subpart 66.01—Aids to Navigation Other
Than Federal or State
Sec.
66.01–1 Basic provisions.
66.01–3 Delegation of authority to District
Commanders.
66.01–5 Application procedure.
66.01–10 Characteristics.
66.01–11 Lights.
66.01–12 May I continue to use the private
aid to navigation I am currently using?
66.01–13 When must my newly manufactured
equipment comply with these rules?
66.01–14 Label affixed by manufacturer.

66.05–1 Purpose.
66.05–5 Definitions.
66.05–10 State waters for private aids to
navigation; designations; revisions, and
revocations.
66.05–20 Coast Guard-State agreements.
66.05–25 Change and modification of State
aids to navigation.
66.05–30 Notice to Mariners.
66.05–35 Private aids to navigation other
than State owned.
66.05–40 Corps of Engineers’ approval.
66.05–100 Designation of navigable waters as
State waters for private aids to navigation.

Subpart 66.10—Uniform State Waterway
Marking System
66.10–1 General.
66.10–5 [Reserved]
66.10–10 [Reserved]
66.10–15 Aids to navigation.
66.10–35 Navigation lights.
AUTHORITY: 14 U.S.C. 83, 84, 85; 43 U.S.C.
1333; Pub. L. 107–296, 116 Stat. 2135; Department of Homeland Security Delegation No.
0170.1.

Subpart 66.01—Aids to Navigation
Other Than Federal or State
SOURCE: CGFR 68–152, 33 FR 19816, Dec. 27,
1968, unless otherwise noted.

§ 66.01–1 Basic provisions.
(a) No person, public body or instrumentality not under the control of the
Commandant, exclusive of the Armed
Forces, shall establish and maintain,
discontinue, change or transfer ownership of any aid to maritime navigation,
without first obtaining permission to
do so from the Commandant.
(b) For the purposes of this subpart,
the term private aids to navigation includes all marine aids to navigation
operated in the navigable waters of the
United States other than those operated by the Federal Government (part
62 of this subchapter) or those operated

155

VerDate Aug<31>2005

08:33 Aug 28, 2007

Jkt 211129

PO 00000

Frm 00165

Fmt 8010

Sfmt 8010

Y:\SGML\211129.XXX

211129

§ 66.01–3

33 CFR Ch. I (7–1–07 Edition)

in State waters for private aids to
navigation (subpart 66.05).
(c) Coast Guard authorization of a
private aid to navigation does not authorize any invasion of private rights,
nor grant any exclusive privileges, nor
does it obviate the necessity of complying with any other Federal, State or
local laws or regulations.
(d) With the exception of radar beacons (racons) and shore based radar
stations, operation of electronic aids to
navigation as private aids will not be
authorized.
[CGFR 68–152, 33 FR 19816, Dec. 27, 1968, as
amended by CGD 85–057, 51 FR 11448, Apr. 3,
1986]

§ 66.01–3 Delegation of authority
District Commanders.

to

(a) Under Section 888 of Pub. L. 107–
296, 116 Stat. 2135, the Commandant
delegates to the District Commanders
within the confines of their respective
districts (see Part 3 of this chapter for
descriptions) the authority to grant
permission to establish and maintain,
discontinue, change or transfer ownership of private aids to maritime navigation, and otherwise administer the
requirements of this subpart.
(b) The decisions of the District Commander may be appealed within 30 days
from the date of decision. The decision
of the Commandant in any case is
final.
[CGFR 68–152, 33 FR 19816, Dec. 27, 1968, as
amended by USCG–1998–3799, 63 FR 35526,
June 30, 1998; USCG–2003–14505, 68 FR 9535,
Feb. 28, 2003]

ebenthall on PRODPC61 with CFR

§ 66.01–5

Application procedure.

To establish and maintain, discontinue, change, or transfer ownership of a private aid to navigation, you
must apply to the Commander of the
Coast Guard District in which the aid
is or will be located. You can find application form CG–2554 at http://
www.uscgboating.org/safety/aton/aids.htm
or you can request a paper copy by
calling the Boating Safety Information
line at (800) 368–5647. You must complete all parts of the form applicable to
the aid concerned, and must forward
the application to the District Commander. You must include the following information:

(a) The proposed position of the aid
to navigation by two or more horizontal angles, bearings and distance
from charted landmarks, or the latitude and longitude as determined by
GPS or differential GPS. Attach a section of chart or sketch showing the
proposed position.
(b) The name and address of the person at whose expense the aid will be
maintained.
(c) The name and address of the person who will maintain the aid to navigation.
(d) The time and dates during which
it is proposed to operate the aid.
(e) The necessity for the aid.
(f) For lights: The color, characteristic, range, effective intensity,
height above water, and description of
illuminating apparatus. Attach a copy
of the manufacturer’s data sheet to the
application.
(g) For sound signals: Type (whistle,
horn, bell, etc.) and characteristic.
(h) For buoys or daybeacons: Shape,
color, number, or letter, depth of water
in which located or height above water.
(i) For racons: Manufacturer and
model number of racon, height above
water of desired installation, and requested coding characteristic. Equipment must have FCC authorization.
[CGFR 68–152, 33 FR 19816, Dec. 27, 1968, as
amended by CGD 85–057, 51 FR 11448, Apr. 3,
1986; USCG–2000–7466, 68 FR 68238, Dec. 8, 2003;
USCG–2000–7466, 69 FR 12541, Mar. 17, 2004;
USCG–2001–10714, 69 FR 24982, May 5, 2004]

§ 66.01–10 Characteristics.
The characteristics of a private aid
to navigation must conform to those
prescribed by the United States Aids to
Navigation System set forth in subpart
B of part 62 of this subchapter.
[USCG–2000–7466, 68 FR 68238, Dec. 8, 2003]

§ 66.01–11 Lights.
(a) Except for range and sector
lights, each light approved as a private
aid to navigation must:
(1) Have at least the effective intensity
required
by
this
subpart
omnidirectionally in the horizontal
plane, except at the seams of its lensmold.
(2) Have at least 50% of the effective
intensity required by this subpart
within ±2° of the horizontal plane.

156

VerDate Aug<31>2005

08:33 Aug 28, 2007

Jkt 211129

PO 00000

Frm 00166

Fmt 8010

Sfmt 8010

Y:\SGML\211129.XXX

211129

Coast Guard, DHS

§ 66.01–14

(3) Have a minimum effective intensity of at least 1 candela for a range of
1 nautical mile, 3 candelas for one of 2
nautical miles, 10 candelas for one of 3
nautical miles, and 54 candelas for one
of 5 nautical miles. The District Commander may change the requirements
for minimum intensity to account for
local environmental conditions. For a
flashing light this intensity is determined by the following formula:
Ie=G/(0.2+t2¥t1)
Where:
Ie = Effective intensity
G = The integral of the instantaneous intensity of the flashed light with respect to
time
t1 = Time in seconds at the beginning of the
flash
t2 = Time in seconds at the end of the flash
t2¥t1 is greater than or equal to 0.2 seconds.

(4) Unless the light is a prefocused
lantern, have a means of verifying that
the source of the light is at the focal
point of the lens.
(5) Emit a color within the angle of
50% effective intensity with color coordinates lying within the boundaries
defined by the corner coordinates in
Table 66.01–11(5) of this part when plotted on the Standard Observer Diagram
of the International Commission on Illumination (CIE).
TABLE 66.01–11(5)—COORDINATES OF
CHROMATICITY
Coordinates of
chromaticity

Color

x axis
White .....................................................

Green .....................................................

Red ........................................................

ebenthall on PRODPC61 with CFR

Yellow ....................................................

0.500
0.440
0.285
0.285
0.453
0.500
0.305
0.321
0.228
0.028
0.735
0.721
0.645
0.665
0.618
0.612
0.555
0.560

y axis
0.382
0.382
0.264
0.332
0.440
0.440
0.689
0.494
0.351
0.385
0.265
0.259
0.335
0.335
0.382
0.382
0.435
0.440

(6) Have a recommended interval for
replacement of the source of light that
ensures that the lantern meets the
minimal required intensity stated in

paragraph (a)(3) of this section in case
of degradation of either the source of
light or the lens.
(7) Have autonomy of at least 10 days
if the light has a self-contained power
system. Power production for the prospective position should exceed the
load during the worst average month of
insolation. The literature concerning
the light must clearly state the operating limits and service intervals. Lowvoltage disconnects used to protect the
battery must operate so as to prevent
sporadic operation at night.
(b) The manufacturer of each light
approved as a private aid to navigation
must certify compliance by means of
an indelible plate or label affixed to
the aid that meets the requirements of
§ 66.01–14.
[USCG–2000–7466, 68 FR 68238, Dec. 8, 2003]

§ 66.01–12 May I continue to use the
private aid to navigation I am currently using?
If, after March 8, 2004, you modify,
replace, or install any light that requires a new application as described in
§ 66.01–5, you must comply with the
rules in this part.
[USCG–2000–7466, 68 FR 68239, Dec. 8, 2003]

§ 66.01–13 When must my newly manufactured equipment comply with
these rules?
After March 8, 2004, equipment manufactured for use as a private aid to
navigation must comply with the rules
in this part.
[USCG–2000–7466, 68 FR 68239, Dec. 8, 2003]

§ 66.01–14 Label affixed by manufacturer.
(a) Each light, intended or used as a
private aid to navigation authorized by
this part, must bear a legible, indelible
label (or labels) affixed by the manufacturer and containing the following
information:
(1) Name of the manufacturer.
(2) Model number.
(3) Serial number.
(4) Words to this effect: ‘‘This equipment complies with requirements of
the U.S. Coast Guard in 33 CFR part
66.’’
(b) This label must last the service
life of the equipment.

157

VerDate Aug<31>2005

08:33 Aug 28, 2007

Jkt 211129

PO 00000

Frm 00167

Fmt 8010

Sfmt 8010

Y:\SGML\211129.XXX

211129

§ 66.01–15

33 CFR Ch. I (7–1–07 Edition)

(c) The manufacturer must provide
the purchaser a data sheet containing
the following information:
(1) Recommended service life based
on the degradation of either the source
of light or the lamp.
(2) Range in nautical miles.
(3) Effective intensity in candela.
(4) Size of lamp (incandescent only).
(5) Interval, in days or years, for replacement of dry-cell or rechargeable
battery.
[USCG–2000–7466, 68 FR 68239, Dec. 8, 2003]

§ 66.01–15

Action by Coast Guard.

(a) The District Commander receiving the application will review it for
completeness and will assign the aid
one of the following classifications:
Class I: Aids to navigation on marine
structures or other works which the
owners are legally obligated to establish, maintain and operate as prescribed by the Coast Guard.
Class II: Aids to navigation exclusive
of Class I located in waters used by
general navigation.
Class III: Aids to navigation exclusive of Class I located in waters not ordinarily used by general navigation.
(b) Upon approval by the District
Commander, a signed copy of the application will be returned to the applicant. Approval for the operation of
radar beacons (racons) will be effective
for an initial two year period, then subject to annual review without further
submission required of the owner.
[CGFR 68–152, 33 FR 19816, Dec. 27, 1968, as
amended by CGD 85–057, 51 FR 11448, Apr. 3,
1986]

ebenthall on PRODPC61 with CFR

§ 66.01–20 Inspection.
All classes of private aids to navigation shall be maintained in proper operating condition. They are subject to
inspection by the Coast Guard at any
time and without prior notice.
§ 66.01–25 Discontinuance
and
removal.
(a) No person, public body or instrumentality shall change, move or discontinue any authorized private aid to
navigation required by statute or regulation (Class I, § 66.01–15) without first
obtaining permission to do so from the
District Commander.

(b) Any authorized private aid to
navigation not required by statute or
regulation (Classes II and III, § 66.01–15)
may be discontinued and removed by
the owner after 30 days’ notice to the
District Commander to whom the
original request for authorization for
establishment of the aid was submitted.
(c) Private aids to navigation which
have been authorized pursuant to this
part shall be discontinued and removed
without expense to the United States
by the person, public body or instrumentality establishing or maintaining
such aids when so directed by the District Commander.
§ 66.01–30 Corps of Engineers’ approval.
(a) Before any private aid to navigation consisting of a fixed structure is
placed in the navigable waters of the
United States, authorization to erect
such structure shall first be obtained
from the District Engineer, U.S. Army
Corps of Engineers in whose district
the aid will be located.
(b) The application to establish any
private aid to navigation consisting of
a fixed structure shall show evidence of
the required permit having been issued
by the Corps of Engineers.
§ 66.01–40 Exemptions.
(a) Nothing in the preceding sections
of this subpart shall be construed to
interfere with or nullify the requirements of existing laws and regulations
pertaining to the marking of structures, vessels and other obstructions
sunken in waters subject to the jurisdiction of the United States (Part 64 of
this subchapter), the marking of artificial islands and structures which are
erected on or over the seabed and subsoil of the Outer Continental Shelf
(Part 67 of this subchapter), or the
lighting of bridges over navigable waters of the United States (Subchapter J
of this subchapter).
(b) Persons marking bridges pursuant
to Subchapter J of this title are exempted from the provisions of § 66.01–5.
[CGD 78–156, 48 FR 11268, Mar. 17, 1983]

§ 66.01–45 Penalties.
Any person, public body or instrumentality, excluding the armed forces,

158

VerDate Aug<31>2005

08:33 Aug 28, 2007

Jkt 211129

PO 00000

Frm 00168

Fmt 8010

Sfmt 8010

Y:\SGML\211129.XXX

211129

Coast Guard, DHS

§ 66.05–5

who shall establish, erect or maintain
any aid to maritime navigation without first obtaining authority to do so
from the Coast Guard, with the exception of those established in accordance
with § 64.10 of this chapter, or who shall
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
SOURCE: CGFR 66–32, 31 FR 10320, July 30,
1966, unless otherwise noted.

[CGD 78–156, 48 FR 11268, Mar. 17, 1983]

§ 66.01–50 Protection of private aids to
navigation.
Private aids to navigation lawfully
maintained under these regulations are
entitled to the same protection against
interference or obstruction as is afforded by law to Coast Guard aids to
navigation (Part 70 of this subchapter).
If interference or obstruction occurs, a
prompt report containing all the evidence available should be made to the
Commander of the Coast Guard District in which the aids are located.

ebenthall on PRODPC61 with CFR

tion (Class I, § 66.01–15) which shall be
maintained by the new owner until the
conditions which made the aid necessary have been eliminated.

§ 66.01–55 Transfer of ownership.
(a) When any private aid to navigation authorized by the District Commander, or the essential real estate or
facility with which the aid is associated, is sold or transferred, both parties to the transaction shall submit application (§ 66.01–5) to the Commander
of the Coast Guard District in which
the aid is located requesting authority
to transfer responsibility for maintenance of the aid.
(b) The party relinquishing responsibility for maintenance of the private
aid to navigation shall indicate on the
application form (CG–2554) both the
discontinuance and the change of ownership of the aid sold or transferred.
(c) The party accepting responsibility
for maintenance of the private aid to
navigation shall indicate on the application form (CG–2554) both the establishment and the change of ownership
of the aid sold or transferred.
(d) In the event the new owner of the
essential real estate or facility with
which the aid is associated refuses to
accept responsibility for maintenance
of the aid, the former owner shall be
required to remove the aid without expense to the United States. This requirement shall not apply in the case
of any authorized private aid to navigation required by statute or regula-

§ 66.05–1

Purpose.

The purpose of the regulations in this
subpart is to prescribe the conditions
under which state governments may
regulate aids to navigation owned by
state or local governments, or private
parties. With the exception on the provisions of subpart 66.10, which are valid
until December 31, 2003, aids to navigation must be in accordance with the
United States Aids to Navigation System in part 62 of this subchapter.
[CGD 97–018, 63 FR 33573, June 19, 1998]

§ 66.05–5

Definitions.

(a) The term State waters for private
aids to navigation means those navigable waters of the United States
which the Commandant, upon request
of a State Administrator, has designated as waters within which a State
government may regulate the establishment, operation, and maintenance
of marine aids to navigation, including
regulatory markers. The Commandant
will entertain requests to make such
designations with respect to navigable
waters of the United States not
marked by the Federal government.
These designations when approved will
be set forth in separate sections by
States in this subpart and will briefly
describe or identify waters so designated.
(b) The term Uniform State Waterway Marking System (USWMS) means
the system of private aids to navigation which may be operated in State
waters. Subpart 66.10, which describes
the USWMS, expires on December 31,
2003.
(c) The term State Administrator
means the official of a State having
power under the law of the State to
regulate, establish, operate or maintain maritime aids to navigation on

159

VerDate Aug<31>2005

08:33 Aug 28, 2007

Jkt 211129

PO 00000

Frm 00169

Fmt 8010

Sfmt 8010

Y:\SGML\211129.XXX

211129

§ 66.05–10

33 CFR Ch. I (7–1–07 Edition)

waters over which the State has jurisdiction.
(d) The term State aids to navigation
means all private marine aids to navigation operated in State waters for private aids to navigation, whether owned
by a State, political subdivisions thereof or by individuals, corporations, or
organizations.
(e) The term regulate State maritime
aids to navigation means to control the
establishment, disestablishment, operation and maintenance of State aids to
navigation.

ebenthall on PRODPC61 with CFR

[CGFR 66–32, 31 FR 10320, July 30, 1966, as
amended by CGD 97–018, 63 FR 33573, June 19,
1998]

§ 66.05–10 State waters for private aids
to navigation; designations; revisions, and revocations.
(a) A State Administrator who desires to regulate State maritime aids
to navigation in the navigable waters
of the United States not marked by the
Federal Government, shall request the
Commandant to designate the specific
bodies of water involved as State waters for private aids to navigation.
(b) The request shall be forwarded to
the District Commander in whose district the bodies of water are located.
The request shall give the name and
description of the waterway; the extent
of use being made of the waterway for
marine navigation, in general terms;
an appropriate chart or sketch of the
area; and a general outline of the nature and extent of the State aids to
navigation which the Administrator
plans to establish in the waterway.
(c) The District Commander shall review the request and consult with the
State Administrator concerning the
terms of an initial agreement to be entered into under provisions of § 66.05–20.
When they have arrived at terms of an
agreement satisfactory to both, the
District Commander shall forward the
request to the Commandant with recommendations and the terms of agreement mutually settled upon. If they
cannot reach such agreement, the District Commander shall forward the request with recommendations and a
statement of the points agreed upon
and the points remaining at issue.
(d) Upon receipt of the request, the
Commandant will determine whether

or not approval of the request is in the
public interest and will inform the
State Administrator and the District
Commander of the Coast Guard’s decision. If the request is approved, the
designation by the Commandant of the
waters in question as State waters for
private aids to navigation will be also
defined and described in this subpart.
(e) The Commandant may, upon his
or her own initiative or upon request,
revoke or revise any designations of
State waters for private aids to navigation previously made by him or her.
Written notice shall be given the State
Administrator of the action contemplated by the Commandant. The
State Administrator will be afforded a
period of not less than 30 days from the
date of the notice in which to inform
the Commandant of the State’s views
in the matter before final action is
completed to revoke or revise such designation.
[CGFR 66–32, 31 FR 10320, July 30, 1966, as
amended by USCG–2001–10714, 69 FR 24982,
May 5, 2004]

§ 66.05–20 Coast Guard-State agreements.
(a) The District Commander in whose
District a waterway is located may
enter into agreements with State Administrators permitting a State to regulate aids to navigation, including regulatory markers, in State waters for
private aids to navigation, as, in the
opinion of the District Commander, the
State is able to do in a manner to improve the safety of navigation. When a
waterway is located within the area of
jurisdiction of more than one Coast
Guard District, the District Commander in whose District the State
capital is located shall execute the
agreement in behalf of the Coast
Guard. All such agreements shall reserve to the District Commander the
right to inspect the State aids to navigation without prior notice to the
State. They shall stipulate that State
aids to navigation will conform to the
Uniform State Waterway marking System or to the U.S. Aids to Navigation
System and that the State Administrator will modify or remove State aids
to navigation without expense to the
United States when so directed by the
District Commander, subject to the

160

VerDate Aug<31>2005

08:33 Aug 28, 2007

Jkt 211129

PO 00000

Frm 00170

Fmt 8010

Sfmt 8010

Y:\SGML\211129.XXX

211129

Coast Guard, DHS

§ 66.05–40

right of appeal on the part of the State
Administrator to the Commandant.
(b) A Coast Guard-State agreement
shall become effective when both parties have signed the agreements. In
lieu of the procedure prescribed in
§ 66.01–5, the agreement shall constitute
blanket approval by the Commandant,
of the State aids to navigation, including regulatory markers, established or
to be established in State waters for
private aids to navigation designated
or to be designated by the Commandant.
(c) In addition to the matters set
forth in paragraph (a) of this section,
Coast Guard-State agreements shall
cover the following points, together
with such other matters as the parties
find it desirable to include:
(1) A description, in sufficient detail
for publication in Notices to Mariners,
of all aids to navigations under State
jurisdiction in navigable waters of the
United States in existence prior to the
effective date of the agreement which
have not been previously approved
under procedures of § 66.01–5.
(2) Procedures for use by the State
administrator to notify the District
Commander of changes made in State
aids to navigation, as required by
§ 66.05–25.
(3) If prior to December 21, 2003, specification of the marking system to be
used, whether the U.S. Aids to Navigation System or the Uniform State Waterway Marking System.
(4) Specification of standards as to
minimum size and shape of markers,
the use of identifying letters, the use of
reflectors or retroreflective materials,
and any other similar standards so as
to enable Coast Guard inspectors to determine compliance with Statewide
standards.
[CGD 86–031, 52 FR 42645, Nov. 6, 1987, as
amended by CGD 97–018, 63 FR 33573, June 19,
1998]

ebenthall on PRODPC61 with CFR

§ 66.05–25 Change and modification of
State aids to navigation.
Wherever a State Administrator determines the need for change in State
aids to navigation, he or she must inform the District Commander of the
nature and extent of the changes, as

soon as possible, but not less than 30
days in advance of making the changes.
[USCG–2001–10714, 69 FR 24982, May 5, 2004]

§ 66.05–30

Notice to Mariners.

(a) To improve public safety, the District Commander may publish information concerning State aids to navigation, including regulatory markers, in
the Coast Guard Local Notices to Mariners.
(b) Notices to Mariners which concern the establishment, disestablishment, or change of State aids to navigation, including regulatory markers,
may be published whenever the aids to
navigation concerned are covered by
navigational charts or maps issued by
the National Ocean Service or the U.S.
Army Corps of Engineers.
[CGFR 66–32, 31 FR 10320, July 30, 1966, as
amended by USCG–2000–7223, 65 FR 40055,
June 29, 2000; USCG–2001–9286, 66 FR 33640,
June 25, 2001; USCG–2001–10714, 69 FR 24982,
May 5, 2004]

§ 66.05–35 Private aids to navigation
other than State owned.
(a) No person, public body or other
instrumentality not under control of
the Commandant or the State Administrator, exclusive of the Armed Forces
of the United States, shall establish,
erect or maintain in State waters for
private aids to navigation any aid to
navigation without first obtaining permission to do so from the State Administrator. Discontinuance of any State
aids to navigation may be effected by
order of the State Administrator.
§ 66.05–40 Corps
proval.

of

Engineers’

(a) In each instance where a regulatory marker is to be established in
navigable waters of the United States
which have been designated by the
Commandant as State waters for private aids to navigation, the State Administrator is responsible for obtaining
prior permission from the District Engineer, U.S. Army Corps of Engineers
concerned, authorizing the State to
regulate the water area involved, or a
statement that there is no objection to
the proposed regulation of the water
area. A copy of the Corps of Engineers
permit or letter of authority shall be

161

VerDate Aug<31>2005

08:33 Aug 28, 2007

Jkt 211129

PO 00000

Frm 00171

Fmt 8010

ap-

Sfmt 8010

Y:\SGML\211129.XXX

211129

§ 66.05–100

33 CFR Ch. I (7–1–07 Edition)

provided by the Administrator to the
District Commander upon request.
(b) Similarly, where an aid to navigation is to be placed on a fixed structure
or a mooring buoy is to be established
in State waters for private aids to
navigation, the State Administrator
shall assure that prior permission or a
statement of no objection to the structures or mooring buoys proposed is obtained from the District Engineer concerned. A copy of the permit or letter
is not required by the District Commander.

ebenthall on PRODPC61 with CFR

§ 66.05–100 Designation of navigable
waters as State waters for private
aids to navigation.
In accordance with the procedures
contained in § 66.05–10(d), the following
navigable waters listed by the State in
which they are located, are designated
as State waters for private aids to
navigation:
(a) Arizona. The portion of Lake
Havasu within the State, except that
portion within Havasu Lake National
Wildlife Refuge.
(b) Louisiana. The portion of Toledo
Bend Reservoir within the State.
(c) Missouri. Teach water within the
State except the:
(1) Mississippi River; and
(2) Missouri River.
(d) Montana. The portion of Missouri
River between the U.S. Highway 287
bridge near Townsend and Great Falls
including the following impoundments:
(1) Black Eagle Dam Reservoir.
(2) Canyon Ferry Reservoir.
(3) Hauser Lake.
(4) Holter Lake.
(5) Rainbow Dam Reservoir.
(e) North Carolina. Navigable waters
within the State not marked with
Coast Guard aids to navigation on June
1, 1973.
(f) Pennsylvania. The portion of
Youghiogheny River Reservoir within
the State.
(f–1) South Carolina. (1) The portion of
Lake Wylie within the State; (2) Lake
Marion; (3) Lake Moultrie; and (4) Lake
Murray.
(g) Texas. The portion of Toledo Bend
Reservoir within the State.
(h) Virginia. (1) Claytor Lake, on the
New River in Pulaski County.

(2) Leesville Lake, on the Roanoke
River below Smith Mountain Dam.
(3) The portions of the following reservoirs within the State:
(i) Gaston.
(ii) Holston.
(iii) John H. Kerr.
(iv) Philpott.
(i) Wisconsin. Navigable waters within the State not marked with Coast
Guard aids to navigation as of May 1,
1996.
[CGD 72–154R, 38 FR 33473, Dec. 5, 1973, as
amended by CGD 76–015, 41 FR 12879, Mar. 29,
1976; CGD 80–132, 46 FR 27643, May 21, 1981;
CGD 98–3604, 63 FR 55947, Oct. 20, 1998; USCG–
2001–10714, 69 FR 24982, May 5, 2004]

Subpart 66.10—Uniform State
Waterway Marking System
§ 66.10–1 General.
(a) Until December 31, 2003, the Uniform State Waterway Marking System’s (USWMS) aids to navigation provisions for marking channels and obstructions may be used in those navigable waters of the U.S. that have been
designated as state waters for private
aids to navigation and in those internal waters that are non-navigable waters of the U.S. All other provisions for
the use of regulatory markers and
other aids to navigation shall be in accordance with United States Aid to
Navigation System, described in part
62 of this subchapter.
(b) The USATONS may be used in all
U.S. waters under state jurisdiction,
including non-navigable state waters.
[CGD 97–018, 63 FR 33574, June 19, 1998]

§ 66.10–5

[Reserved]

§ 66.10–10

[Reserved]

§ 66.10–15 Aids to navigation.
(a) USWMS aids to navigation may
have lateral or cardinal meaning.
(b) On a well defined channel including a river or other relatively narrow
natural or improved waterway, an aid
to navigation shall normally be a solid
colored buoy. A buoy which marks the
left side of the channel viewed looking
upstream or toward the head of navigation shall be colored all black. A buoy
which marks the right side of the channel viewed looking upstream or toward

162

VerDate Aug<31>2005

08:33 Aug 28, 2007

Jkt 211129

PO 00000

Frm 00172

Fmt 8010

Sfmt 8010

Y:\SGML\211129.XXX

211129

Coast Guard, DHS

Pt. 67

ebenthall on PRODPC61 with CFR

the head of navigation shall be colored
all red. On a well defined channel, solid
colored buoys shall be established in
pairs, one on each side of the navigable
channel which they mark, and opposite
each other to inform the user that the
channel lies between the buoys and
that the user should pass between the
buoys.
(c) On an irregularly defined channel,
solid colored buoys may be used singly
in staggered fashion on alternate sides
of the channel provided they are spaced
at sufficiently close intervals to inform
the user that the channel lies between
the buoys and that the user should pass
between the buoys.
(d) Where there is no well-defined
channel or when a body of water is obstructed by objects whose nature or location is such that the obstruction can
be approached by a vessel from more
than one direction, supplemental aids
to navigation having cardinal meaning
(i.e., pertaining to the cardinal points
of the compass, north, east, south, and
west) may be used. The use of an aid to
navigation having cardinal meaning is
discretionary provided that the use of
such a marker is limited to wholly
State owned waters and the State waters for private aids to navigation as
defined and described in this part.
(e) Aids to navigation conforming to
the cardinal system shall consist of
three distinctly colored buoys.
(1) A white buoy with a red top may
be used to indicate to a vessel operator
that the operator must pass to the
south or west of the buoy.
(2) A white buoy with a black top
may be used to indicate to a vessel operator that the operator must pass to
the north or east of the buoy.
(3) In addition, a buoy showing alternate vertical red and white stripes may
be used to indicate to a vessel operator
that an obstruction to navigation extends from the nearest shore to the
buoy and that the operator must not
pass between the buoy and shore. The
number of white and red stripes is discretionary, provided that the white
stripes are twice the width of the red
stripes.
[CGFR 66–32, 31 FR 10321, July 30, 1966, as
amended by CGD 97–018, 63 FR 33574, June 19,
1998; USCG–2001–10714, 69 FR 24982, May 5,
2004]

§ 66.10–35

Navigation lights.

A red light shall only be used on a
solid colored red buoy. A green light
shall only be used on a solid colored
black or a solid colored green buoy.
White lights shall be used for all other
buoys. When a light is used on a cardinal system buoy or a vertically
striped white and red buoy, it shall always be quick flashing.
[CGD 97–018, 63 FR 33574, June 19, 1998]

PART 67—AIDS TO NAVIGATION
ON ARTIFICIAL ISLANDS AND
FIXED STRUCTURES
Subpart 67.01—General Requirements
Sec.
67.01–1 Scope.
67.01–5 Definitions.
67.01–10 Delegation of functions.
67.01–15 Classification of structures.
67.01–20 Prescribing lines of demarcation.
67.01–30 Equivalents.

Subpart 67.05—General Requirements for
Lights
67.05–1 Arrangement of obstruction lights.
67.05–5 Multiple obstruction lights.
67.05–10 Characteristics
of
obstruction
lights.
67.05–15 Operating periods of obstruction
lights.
67.05–20 Minimum lighting requirements.
67.05–25 Special lighting requirements.

Subpart 67.10—General Requirements for
Sound signals
67.10–1 Apparatus requirements.
67.10–5 Location requirements.
67.10–10 Operating requirements.
67.10–15 Approval of sound signals.
67.10–20 Sound signal tests.
67.10–25 Application for tests.
67.10–30 Withdrawal of approval.
67.10–35 Notice of approval and withdrawal
of approval.
67.10–40 Sound signals authorized for use
prior to January 1, 1973.

Subpart 67.15—Miscellaneous Marking
Requirements
67.15–1 Lights and signals on attendant vessels.
67.15–5 Seismographic and surveying operations.
67.15–10 Spoil banks, artificial islands, and
dredged channels.

163

VerDate Aug<31>2005

08:33 Aug 28, 2007

Jkt 211129

PO 00000

Frm 00173

Fmt 8010

Sfmt 8010

Y:\SGML\211129.XXX

211129


File Typeapplication/pdf
File TitleDocument
SubjectExtracted Pages
AuthorU.S. Government Printing Office
File Modified2008-03-19
File Created2007-09-18

© 2024 OMB.report | Privacy Policy