Statutory Authorization

Coast Guard, DHS

§ 64.11

Subpart D—Miscellaneous Provisions
64.31 Determination of hazard to navigation.
64.33 Marking by the Coast Guard.
AUTHORITY: 14 U.S.C. 633; 33 U.S.C. 409, 1231;
42 U.S.C. 9118; 43 U.S.C. 1333; Department of
Homeland Security Delegation No. 0170.
SOURCE: CGD 78–156, 48 FR 11267, Mar. 17,
1983, unless otherwise noted.

Subpart A—General
SOURCE: CGD 78–156, 48 FR 11267, Mar. 17,
1983, unless otherwise noted. Redesignated
by CGD 91–031, 57 FR 43402, Sept. 21, 1992.

§ 64.01 Purpose.
This part prescribes rules relating to
the marking of structures, sunken vessels and other obstructions for the protection of maritime navigation.

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§ 64.03 Scope.
(a) Except as provided in paragraph
(b) of this section these rules apply to:
(1) Structures located in or over waters subject to the jurisdiction of the
United States and, on the high seas,
structures owned or operated by persons subject to the jurisdiction of the
United States;
(2) Sunken vessels in the navigable
waters or waters above the continental
shelf of the United States; and
(3) Other obstructions existing on or
in the navigable waters or waters
above the continental shelf of the
United States.
(b) The following obstructions are exempt from the requirements of this
part:
(1) Dredging pipelines subject to Subchapter D of this chapter;
(2) Bridges subject to Subchapter J of
this chapter;
(3) Vessels subject to the International Regulations for preventing
Collisions at Sea, 1972 (1972 COLREGS)
or the Inland Navigation Rules;
(4) Deepwater port facilities subject
to subchapter NN of this chapter; and
(5) Artificial islands and structures
subject to Part 67 of this subchapter.
§ 64.06 Definition of terms.
As used in this part:
Hazard to navigation means an obstruction, usually sunken, that pre-

sents sufficient danger to navigation so
as to require expeditious, affirmative
action such as marking, removal, or redefinition of a designated waterway to
provide for navigational safety.
Markings means the lights and other
signals placed on or near structures,
sunken vessels, and other obstructions
for the protection of navigation.
Navigable waters of the United States
means those waters described in
§ 2.36(a) of this chapter, specifically including the waters described in
§ 2.22(a)(2) of this chapter.
Obstruction means anything that restricts, endangers, or interferes with
navigation.
Structures means any fixed or floating
obstruction, intentionally placed in the
water, which may interfere with or restrict marine navigation.
[CGD 78–156, 48 FR 11267, Mar. 17, 1983. Redesignated and amended by CGD 91–031, 57 FR
43402, Sept. 21, 1992; USCG–2001–9044, 68 FR
42601, July 18, 2003]

Subpart B—Sunken Vessels and
Other Obstructions
SOURCE: CGD 78–156, 48 FR 11267, Mar. 17,
1983, unless otherwise noted. Redesignated
by CGD 91–031, 57 FR 43402, Sept. 21, 1992.

§ 64.11 Marking and notification requirements.
(a) The owner of a vessel, raft, or
other craft wrecked and sunk in a navigable channel shall mark it immediately with a buoy or daymark during
the day and with a light at night. The
owner of a sunken vessel, raft, or other
obstruction that otherwise constitutes
a hazard to navigation shall mark it in
accordance with this subchapter.
(b) Owners of vessels sunk in waters
subject to the jurisdiction of the
United States or sunk on the high seas,
if the owner is subject to the jurisdiction of the United States, shall
promptly report to the District Commander, in whose jurisdiction the obstruction is located, the action they
are taking to mark the sunken vessel,
giving the following information (in
addition to the information required by
46 CFR 4.05, Notice of Marine Casualty
and Voyage Records):
(1) Name and description of the sunken vessel;

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§ 64.13

33 CFR Ch. I (7–1–07 Edition)

(2) Accurate description of the location of the vessel;
(3) Depth of water over the vessel;
and
(4) Location and type of marking established, including color and shape of
buoy or other daymark and characteristic of the light.
(c) Owners of other obstructions may
report the existence of such obstructions and mark them in the same manner as prescribed for sunken vessels.
(d) Owners of marine pipelines that
are determined to be hazards to navigation shall report and mark the hazardous portion of those pipelines in accordance with 49 CFR parts 192 or 195,
as applicable.
[CGD 78–156, 48 FR 11267, Mar. 17, 1983. Redesignated and amended by CGD 91–031, 57 FR
43402, Sept. 21, 1992; USCG–1998–3799, 63 FR
35526, June 30, 1998; USCG–2006–25150, 71 FR
39208, July 12, 2006]

§ 64.13

SOURCE: CGD 78–156, 48 FR 11267, Mar. 17,
1983, unless otherwise noted. Redesignated
by CGD 91–031, 57 FR 43402, Sept. 21, 1992.

§ 64.21 Marking and notification requirements.
Before establishing a structure, the
owner or operator shall apply for Coast
Guard authorization to mark the structure in accordance with § 66.01–5 of this
chapter. The appropriate District Commander will determine the marking requirements.
§ 64.23 Duration of marking on structures.
Markings determined to be required
shall be established and maintained
until:
(a) The structure is removed; or
(b) Otherwise directed by the District
Commander.

Approval of markings.

(a) All markings of sunken vessels
and other obstructions established in
accordance with § 64.11 must be reported to and approved by the appropriate District Commander.
(b) Should the District Commander
determine that these markings are inconsistent with Part 62 of this subchapter, they must be replaced as soon
as practicable with approved markings.
[ CGD 78–156, 48 FR 11267, Mar. 17, 1983. Redesignated by CGD 91–031, 57 FR 43402, Sept.
21, 1992, and amended by USCG–2001–9286, 66
FR 33640, June 25, 2001]

§ 64.16 Duration of marking on sunken
vessels in navigable waters.
Markings shall be maintained until:
(a) The sunken vessel or other obstruction is removed; or
(b) The right of the owner to abandon
is legally established and exercised.
NOTE: Notices of abandonment of sunken
vessels or other obstructions will not be accepted by the Coast Guard. Any notice of intention to abandon should be addressed to
the District Engineer, Corps of Engineers,
U.S. Army, within whose district the sunken
vessel or other obstruction is located.
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Subpart C—Structures

Subpart D—Miscellaneous
Provisions
SOURCE: CGD 78–156, 48 FR 11267, Mar. 17,
1983, unless otherwise noted. Redesignated
by CGD 91–031, 57 FR 43402, Sept. 21, 1992.

§ 64.31 Determination
navigation.

of

hazard

In determining whether an obstruction is a hazard to navigation for the
purposes of marking, the District Commander considers, but is not limited to,
the following factors:
(a) Location of the obstruction in relation to the navigable channel and
other navigational traffic patterns;
(b) Navigational difficulty in the vicinity of the obstruction;
(c) Depth of water over the obstruction, fluctuation of the water level, and
other hydrologic characteristics in the
area;
(d) Draft, type, and density of vessel
traffic or other marine activity in the
vicinity of the obstruction;
(e) Physical characteristics of the obstruction;
(f) Possible movement of the obstruction;
(g) Location of the obstruction in relation to other obstructions or aids to
navigation;

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