(2) So located in a shoal area that it is not a hazard to navigation.

[CGD 72-74R, 37 FR 13513, July 8, 1972]

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, Naval Supply Depot, 5801 Tabor Avenue, Philadelphia, Pa. 19120.

(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]

$67.30-10 Fog signals.

(a) The owner of a Class "C" structure shall install a fog 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) Fog signals required by paragraph (a) of this section must have range of at least one-half mile, unless the District Commander prescribes a greater range, not to exceed 2 miles.

(c) The owner of the structure shall operate the fog 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 fog signals if:

(1) Authorized by the District Commander under the provisions of Subpart 66.01 of this subchapter; and

(2) The fog signal meets the requirements of §67.10-1 (a) and (b).

[CGD 72-74R, 37 FR 13513, July 8, 1972]

(a) An application, on Coast Guard forms which will be provided by the 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 fog 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 fog 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 addressed 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. The District Commander shall be notified by telegram the day the construction of the structure is commenced, informing him of the lights and fog signals to be used 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 fog 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]

$67.40-5 Waivers.

(a) The District Commander is authorized to modify or waive any requirement prescribed in this part whenever, in his judgment, the safety of marine commerce will not be impaired by so doing.

(b) When the District Commander shall determine that changed circumstances in the case of a structure, whose obstruction lights and/or fog signal have been modified or waived, constitutes a hazard to marine navigation, he is authorized to revoke or revise his previous action and to require the structure to be appropriately marked by suitable obstruction lights and/or fog signals in accordance with this part.

§67.40-10 Communication with owner.

Communication with the owners of private aids to navigation by the District Commander shall be addressed to their usual or last known place of business, or to their local representative, if any. Communication shall be by the method considered appropriate for the circumstances.

$67.40-15 Marking at owner's expense.

The District Commander may mark, for the protection of marine commerce, any structure whenever the owner thereof has failed suitably to mark the same in accordance with this part, and the owner shall reimburse the Coast Guard for all costs incurred.

$67.40-20 Charges invoiced to owner.

Charges to the owner for the cost of marking a structure by the Coast Guard shall be determined in accordance with Part 74 of this subchapter. All such charges shall be invoiced to the owner beginning with the date such marking is established and shall continue until notice is received by the District Commander that the structure has been removed, or until the owner has applied for and been issued a permit by the District Commander to establish and operate the required obstruction lights and/or fog signals or other markings required by this part.

$67.40-25 Penalty.

The penalty for violation is in section 1, 63 Stat. 501 (14 U.S.C. 85), or section 4(e)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333). Any person, firm, company, or corporation who shall fail or refuse to obey any of the lawful rules and regulations issued in this part or pursuant thereto shall be guilty of a misdemeanor and shall be fined not more than $100 for each offense. Each day during which such violation shall continue shall be considered a new offense.

Subpart 67.50-District Regulations $67.50-1 Scope.

(a) The regulations in this subpart shall apply to the structures which are located within the boundaries of the

Coast Guard districts hereinafter defined.

(b) Geographic coordinates expressed in terms of latitude or longitude, or both, are not intended for plotting on maps or charts whose referenced horizontal datum is the North American Datum of 1983 (NAD 83), unless such geographic coordinates are expressly labeled NAD 83. Geographic coordinates without the NAD 83 reference may be plotted on maps or charts referenced to NAD 83 only after application of the appropriate corrections that are published on the particular map or chart being used.

[CGD 86-082, 52 FR 33810, Sept. 8, 1987]

$67.50-5 First Coast Guard District.

(a) Description. See §3.05-1 of this chapter.

(b) Line of demarcation. There is no line of demarcation prescribed for this District. When required, it will be determined in accordance with § 67.01-20. The District Commander shall assign structures to classes as he deems appropriate at the time of application for a permit to establish and operate lights and fog signals. In so doing, he shall take into consideration matters concerning, but not necessarily limited to, the dimensions of the structure and the depth of water in which it is located; the proximity of the structure to vessel routes; the nature and amount of vessel traffic; and the effect of background lighting.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 61-40, 26 FR 10353, Nov. 3, 1961]

$67.50-15 Fifth Coast Guard District.

(a) Description. See §3.25-1 of this chapter.

(b) Line of demarcation. There is no line of demarcation prescribed for this District. When required, it will be determined in accordance with § 67.01-20. The District Commander shall assign structures to classes as he deems appropriate at the time of application for a permit to establish and operate lights and fog signals. In so doing, he shall take into consideration matters concerning, but not necessarily limited to, the dimensions of the structure and the depth of water in which it is located;

the proximity of the structure to vessel routes; the nature and amount of vessel traffic; and the effect of background lighting.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 61-40, 26 FR 10353, Nov. 3, 1961]

$67.50-20 Seventh Coast Guard District.

(a) Description. See §3.35-1 of this chapter.

(b) Line of demarcation. There is no line of demarcation prescribed for this District. When required, it will be determined in accordance with $67.01-20. The District Commander shall assign structures to classes as he deems appropriate at the time of application for a permit to establish and operate lights and fog signals. In so doing, he shall take into consideration matters concerning, but not necessarily limited to, the dimensions of the structure and the depth of water in which it is located; the proximity of the structure to vessel routes; the nature and the amount of vessel traffic; and the effect of background lighting.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 61-40, 26 FR 10353, Nov. 3, 1961]

$67.50-25 Eighth Coast Guard District.

(a) Description. See §3.40-1 of this chapter.

(b) Lines of demarcation. The two lines of demarcation described in this section are for administrative purposes to distinguish between the areas in which structures shall be subject to Class "A", "B" or "C" requirements. The primary line of demarcation delimits the areas to the seaward of which Class "A" requirements are imposed. The secondary line of demarcation delimits the areas to the shoreward of which Class "C" requirements are imposed. In those areas where no secondary line of demarcation is prescribed, the structures shoreward of the primary line of demarcation are considered to be Class "C" structures. Class "B" requirements are imposed on the structures in the areas between the two lines of demarcation.

(1) The coordinates of the primary line of demarcation within the jurisdic

tion of the District Commander are as follows:

(i) Commencing at a point at Lat. 30°11′.3 N., Long. 88°03′.0 W., thence to; (ii) A point at Lat. 30°11'.5 N., Long. 88°31'.7 W., thence to;

(iii) A point at Lat. 30°12′.7 N., Long. 88°58′.0 W., thence to;

(iv) A point due west of (iii) at Long. 89°00′ W., thence to;

(v) A point at Lat. 30°08′.0 N., Long. 89°00′ W., thence to;

(vi) A point at Lat. 30°04′.7 N., Long. 88°53′.7 W., thence via a line two miles to seaward around Chandeleur Island to;

(vii) A point at Lat. 29°34′.0 N., Long. 89°00′ W., thence to;

(viii) A point at Lat. 29°15′.0 N., Long. 89°00′ W., thence to;

(ix) A point at Lat. 29°14′.0 N., Long. 88°57'.7 W., thence to;

(x) A point at Lat. 29°10′.0 N., Long. 88°57'.0 W., thence to;

(xi) A point at Lat. 29°03′.6 N., Long. 89°02′.3 W., thence via the five fathom curve to;

(xii) A point at latitude 28°58′.1 N., longitude 89°09′.6 W., thence to;

(xiii) A point at latitude 28°57′.8 N., longitude 89°13'.6 W., thence to;

(xiv) A point at latitude 28°57′.8 N., longitude 89°19′.5 W., thence to;

(xv) A point at latitude 28°53′.8 N., longitude 89°25′.7 W., thence to;

(xvi) A point at latitude 28°52′.6 N., longitude 89°25′.9 W., thence via the 10 fathom curve to;

(xvii) A point at latitude 29°00′ N., longitude 89°34'.0 W., thence to;

(xviii) A point at latitude 29°00′ N., longitude 90°05′.0 W., thence to;

(xix) A point at latitude 28°46′.3 N., longitude 91°07'.5 W., thence to;

(xx) A point at latitude 29°11′.5 N., longitude 92°21′.0 W., thence to;

(xxi) A point at latitude 29°29′.0 N., longitude 92°32′.3 W., thence via the 5 fathom curve to;

(xxii) A point at latitude 29°41′.2 N., longitude 93°19′.9 W., thence to;

(xxiii) A point at latitude 29°38′.7 N., longitude 93°49′.4 W., thence to;

(xxiv) A point on the 5 fathom curve at latitude 29°35′.8 N., longitude 94°00" W., thence via the 5 fathom curve to; (xxv) A point at latitude 29°26′.7 N., longitude 94°30′.0 W., thence to;

(xxvi) A point at latitude 28°55′.3 N., longitude 95°16′.3 W., thence to;

(xxvii) A point at latitude 28°54′.9 N., longitude 95°15′.6 W., thence to;

(xxviii) A point at latitude 28°19′.3 N., longitude 96°23′.3 W., thence to;

(xxix) A point at latitude 27°49′.5 N., longitude 97°01′.2 W., thence to;

(xxx) A point on the 10 fathom curve at latitude 27°30′.0 N., longitude 97°10′.0 W., thence via the 10 fathom curve to; (xxxi) A point at latitude 27°00′ N., longitude 97°17'.5 W., thence to;

(xxxii) A point at latitude 26°04'.1 N., longitude 97°08′.6 W.

(2) The coordinates of the secondary line of demarcation within the jurisdiction of the District Commander are as follows:

(i) Commencing at a point in Breton Sound at Lat. 29°34′.0 N., Long. 89°00′.0 W., thence to;

(ii) A point at Lat. 29°30′.0 N., Long. 89°10'.0 W., thence to;

(iii) A point at Lat. 29°20′.9 N., Long. 89°10'.0 W., thence to;

(iv) A point at Lat. 29°15'.3 N., Long. 89°04'.0 W., thence to;

(v) A point at Lat. 29°14'.1 N., Long. 88°59'.0 W., thence to;

(vi) A point at Lat. 29°08′.6 N., Long. 88°58'.3 W., thence to;

(vii) A point at Lat. 29°02′.1 N., Long. 89°06′.6 W., thence to;

(viii) A point at Lat. 28°58′.1 N., Long. 89°08'.4 W., thence to;

(ix) A point at Lat. 29°01′.1 N., Long. 89°16".1 W., thence to;

(x) A point at Lat. 28°53′.7 N., Long. 89°26′.0 W., thence to;

(xi) A point at Lat. 28°54′.3 N., Long. 89°27′.5 W., thence to;

(xii) A point at Lat. 29°02′.2 N., Long. 89°24′.2 W., thence to;

(xiii) A point at Lat. 29°11'.8 N., Long. 89°30′.0 W., thence to;

(xiv) A point at Lat. 29°17′.9 N., Long. 89°46′.6 W., thence to;

(xv) A point at Lat. 29°17′.1 N., Long. 89°50'.8 W., thence to;

(xvi) A point at Lat. 29°14′.5 N., Long. 89°55'.1 W., thence to;

(xvii) A point at Lat. 29°10′.9 N., Long. 90°02′.9 W., thence to;

(xviii) A point at Lat. 29°05′.5 N., Long. 90°10'.0 W., thence to;

(xix) A point at Lat. 29°04′.5 N., Long. 90°12′.0 W., thence to;

(xx) A point at Lat. 29°02′.0 N., Long., 90°20′.8 W., thence to;

(xxi) A point at Lat. 29°01′.9 N., Long. 90°24′.9 W., thence to;

(xxii) A point at Lat. 29°03′.6 N., Long. 90°32′.8 W., thence to;

(xxiii) A point at Lat. 29°01′.9 N., Long. 90°41′.7 W., thence to;

(xxiv) A point at Lat. 29°00′.8 N., Long. 90°50′.0 W., thence to;

(xxv) A point at Lat. 29°02′.4 N., Long. 91°01'.5 W., thence to;

(xxvi) A point at Lat. 29°28′.5 N., Long. 92°10'.1 W., thence to;

(xxvii) A point at Lat. 29°31′.1 N., Long. 92°21′.8 W., thence to;

(xxviii) A point at Lat. 29°34′.1 N., Long. 92°39′.3 W., thence to;

(xxix) A point at Lat. 29°41′.1 N., Long. 92°57′.2 W., thence to;

(xxx) A point at Lat. 29°44′.6 N., Long. 93°07'.9 W., thence to;

(xxxi) A point at Lat. 29°45′.6 N., Long. 93°13'.7 W., thence to;

(xxxii) A point at Lat. 29°45′.6 N., Long. 93°17'.3 W., thence to;

(xxxiii) A point at Lat. 29°44′.3 N., Long. 93°21′.0 W., thence to;

(xxxiv) A point at Lat. 29°45'.3 N., Long. 93°30′.0 W., thence to;

(xxxv) A point at Lat. 29°43′.3 N., Long. 93°43′.7 W., thence to;

(xxxvi) A point at Lat. 29°41′.0 N., Long. 93°48′.8 W., thence to;

(xxxvii) A point at Lat. 29°38′.8 N., Long. 93°50′.8 W., thence to;

(xxxviii) A point at Lat. 29°40′.0 N., Long. 93°57′.3 W., thence to;

(xxxix) A point at Lat. 29°39′.3 N., Long. 94°05′.0 W., thence to;

(x1) A point at Lat. 29°27′.0 N., Long. 94°37'.0 W., thence to;

(xli) A point at Lat. 29°23′.1 N., Long. 94°42′.6 W., thence to;

(xlii) A point at Lat. 29°20′.4 N., Long. 94°41'.5 W., thence to;

(xliii) A point at Lat. 29°06′.6 N., Long. 95°04'.4 W., thence to;

(xliv) A point at Lat. 29°04′.6 N., Long. 95°05'.7 W., thence to;

(xlv) A point at Lat. 29°02′.0 N., Long. 95°10′.0 W., thence to;

(xlvi) A point at Lat. 28°57′.3 N., Long. 95°16′.2 W., thence to;

(xlvii) A point at Lat. 28°55′.3 N., Long. 95°17'.9 W., thence to;

(xlviii) A point at Lat. 28°39′.5 N., Long. 95°48′.4 W., thence to;