1625-0011 Stat/Authority

Coast Guard, DHS

§ 67.35–1

necessary for the safety of marine commerce.
(c) The District Commander may
waive or relax the provisions of paragraph (a) of this section, if he or she
finds that a structure is:
(1) So close to other structures and
so enveloped by the sound signals on
other structures that it is not a hazard
to navigation; or
(2) So located in a shoal area that it
is not a hazard to navigation.
[CGD 72–74R, 37 FR 13513, July 8, 1972, as
amended by USCG–2001–10714, 69 FR 24983,
24984, May 5, 2004]

Subpart 67.30—Class ‘‘C’’
Requirements
§ 67.30–1

Class ‘‘C’’ structures.

Class ‘‘C’’ structures shall be the
structures erected in an area where
Class ‘‘C’’ requirements must be met.
§ 67.30–5

Obstruction lights.

(a) The obstruction lights shall be
white or red lights as prescribed in
Subpart 67.05 of this part and shall be
of sufficient candlepower as to be visible at a distance of at least one nautical mile 90 percent of the nights of
the year. The lights shall be displayed
at such height, above mean high water,
as shall be prescribed by the District
Commander. When the District Commander shall authorize red lights to
mark a Class ‘‘C’’ structure, the color
thereof shall conform to the shade of
red prescribed in Military Specification
Mil-C-25050 (ASG), Type 1, Grade D. A
copy of the specification may be obtained from the Commanding Officer,
Document Automation and Production
Service, 700 Robbins Avenue, Building
4, Section D, Philadelphia, PA 19111–
5091.
(b) When Class ‘‘C’’ structures are
erected in close proximity to each
other, or are connected in such a manner as to prevent marine traffic from
passing freely through the field, obstruction lights may be authorized to
mark the perimeter structures only,
when in the judgment of the District
Commander the group of structures
which are equipped with obstruction
lights are so arranged that the particular structures are protected to the

degree required by this part, and are
not a hazard to navigation.
(c) Unless advised to the contrary by
the District Commander, obstruction
lights shall be required on Class ‘‘C’’
structures erected in depths of water
greater than 3 feet at mean low water.
(d) In cases where, although not required, an applicant desires to establish and operate obstruction lights, a
permit therefor shall be granted, at the
discretion of the District Commander:
Provided, That the lights meet the requirements set forth in this part.
[CGFR 58–34, 23 FR 7701, Oct. 4, 1958, as
amended by CGFR 68–95, 33 FR 15285, Oct. 15,
1968; USCG–2001–10714, 69 FR 24983, 24984, May
5, 2004]

§ 67.30–10 Sound signals.
(a) The owner of a Class ‘‘C’’ structure shall install a sound signal if:
(1) The structure is erected on or adjacent to the edge of a:
(i) Navigable channel;
(ii) Fairways; or
(iii) Line of demarcation; and
(2) The District Commander decides
it is necessary for the safety of marine
commerce.
(b) Sound signals required by paragraph (a) of this section must have
rated range of at least one-half mile,
unless the District Commander prescribes a greater rated range, not to exceed 2 miles.
(c) The owner of the structure shall
operate the sound signal required by
paragraph (a) of this section whenever
the visibility in any direction is less
than 3 miles, unless the District Commander establishes a greater or lesser
distance of visibility, not to exceed 5
miles.
(d) Class ‘‘C’’ structures may have
sound signals if:
(1) Authorized by the District Commander under the provisions of Subpart 66.01 of this subchapter; and
(2) The sound signal meets the requirements of § 67.10–1 (a) and (b).
[CGD 72–74R, 37 FR 13513, July 8, 1972]

Subpart 67.35—Applications
§ 67.35–1 Procedure.
(a) An application, on Coast Guard
forms which will be provided by the

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§ 67.35–5

33 CFR Ch. I (7–1–11 Edition)

District Commander upon request,
shall be submitted for each private aid
to navigation for which a permit is required to establish, operate, move,
change or discontinue, except as modified in this subpart.
(b) An application on the prescribed
form shall be submitted to the District
Commander for each structure to be
equipped with obstruction lights and/or
sound signals if the structure is to remain in place six months or more. An
application may be made by letter for
each structure to be so equipped if the
structure is to remain in place less
than six months.
(c) One application form only shall be
submitted to the District Commander
to cover a group of unlighted buoys or
daybeacons.
§ 67.35–5 Contents of application.
(a) All applicable items of the prescribed forms shall be completed. A
brief descriptive print of the structure
or aid to navigation involved shall be
furnished with the application, together with a location plat or chart
section. When Lambert coordinates are
used to plot the position of the aid, the
plat or chart shall be annotated to
show latitude and longitude of the proposed aid to navigation, except when
the position has been described by reference to one or more horizontal angles, or by the bearing and distance
from a charted landmark.
(b) Each application shall have appended to it a list showing the type,
model, name and address of the manufacturer of the lighting apparatus and
sound signal equipment to be used.
(c) Each application shall always
specify the date the proposals contained therein are desired to be effective, and approval thereof must be obtained before the proposed action is undertaken.
§ 67.35–10 Private aids to navigation.
See § 67.15–10(b) for review of applications respecting private aids to navigation for spoil banks, artificial islands
and dredged channels.
§ 67.35–15 To whom addressed.
The applications and correspondence
dealing with private aids to navigation
and obstruction lighting should be ad-

dressed to the District Commander
having jurisdiction over the area.

Subpart 67.40—Notification
§ 67.40–1 Notification to District Commander.
(a) Class ‘‘A’’ structures. In the case of
structures to be located in areas where
Class ‘‘A’’ requirements must be met,
notification shall be given to the District Commander of the approximate
date work will commence, as soon as
known after a permit is received from
the Corps of Engineers, U.S. Army, or
30 days in advance, if possible. Persons
constructing structures must notify
the District Commander by either telegram or overnight mail on the day
they begin construction. Within this
notice, they must inform him or her of
the lights and sound signals they will
use during construction. When construction has been completed, the
maintainer shall notify the District
Commander to that effect by letter,
stating whether or not the authorized
obstruction lights and/or sound signals
are in operation. Final notification by
letter shall be given when the lights
used for general illumination, to facilitate the construction or operation of
the structure, have been discontinued
and the authorized obstruction lights
placed in operation.
(b) Class ‘‘B’’ structures. Notification
shall be given to the District Commander in the case of structures to be
located in areas where Class ‘‘B’’ requirements must be met, in the same
manner as prescribed in the case of
Class ‘‘A’’ structures, except that the
telegram on the day construction of
the structure is commenced shall not
be required.
(c) Class ‘‘C’’ structures. Notification
shall be given to the District Commander in the case of structures to be
located in areas where Class ‘‘C’’ requirements must be met, upon completion of the structure.
[CGFR 58–17, 23 FR 3377, May 20, 1958, as
amended by CGFR 62–32, 27 FR 10101, Oct. 13,
1962; USCG–2001–10714, 69 FR 24984, May 5,
2004]

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