$72.01-35 Change of address.

Persons receiving Notices to Mariners are requested to notify the appropriate agency of any change in address, giving both old and new addresses, or when Notices to Mariners are no longer required.

[CGFR 52-15, 18 FR 13, Jan. 1, 1953]

§ 72.01-40 Single copies.

Single copies of the "Notice to Mariners" described in §72.01-10 may be obtained or consulted at:

(a) Coast Guard District Commanders' Offices;

(b) National Ocean Service Field Offices;

(c) The Defense Mapping Agency Hydrographic/Topographic Center; and (d) Custom Houses.

[CGD 70-147R, 37 FR 10670, May 26, 1972, as amended by CGD 85-042, 50 FR 50904, Dec. 13, 1985]

Subpart 72.05-Light Lists

§ 72.05-1 Purpose.

(a) The Coast Guard publishes the following Light Lists annually, with the exception of Volume V, which is published biennially, covering the waters of the United States, its territories and possessions:

(1) Volume I, Atlantic Coast, from St. Croix River, Maine to Ocean City Inlet, Maryland.

(2) Volume II, Atlantic Coast, from Ocean City Inlet, Maryland to Little River, South Carolina.

(3) Volume III, Atlantic Coast and Gulf of Mexico, from Little River, South Carolina to Econfina River, Florida, and the Greater Antilles.

(4) Volume IV, Gulf of Mexico, from Econfina River, Florida to Rio Grande, Texas.

(5) Volume V, Mississippi River System.

(6) Volume VI, Pacific Coast and Pacific Islands.

(7) Volume VII, Great Lakes.

(b) The Light Lists contain the official name, location, characteristics, and general description of federal, state, and private aids to navigation maintained by or under authority of the U.S. Coast Guard, which are placed in navigable waters used by general

navigation. The Light Lists do not contain information concerning private aids to navigation maintained under the authority of the U.S. Coast Guard, which are placed in navigable waters not used by general navigation; nor do they contain information concerning mooring buoys and some special marks having no lateral significance such as fish net, dredging, and racing buoys.

(14 U.S.C. 93; 49 U.S.C. 108; 49 CFR 1.46) [CGFR 60-63, 25 FR 8949, Sept. 17, 1960, as amended by CGFR 63-48, 28 FR 10379, Sept. 25, 1963; CGD 85-042, 50 FR 50904, Dec. 13, 1985; CGD 88-105, 54 FR 12612, Mar. 28, 1989]

§ 72.05-5 Sales agencies.

Each volume of the "Light List" is for sale by the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402, and through sales agents whose names are published in issue No. 13 of "Notice to Mariners" described in §72.01-10. Notification of publication of a new edition of the "Light List" is published in the "Notice to Mariners" for the particular area that is covered as soon as the edition is available for distribution. [CGD 70-147R, 37 FR 10570, May 26, 1972]

AUTHORITY: 14 U.S.C. 81, 85, 86, 92, 93, 141, 633, 642, 647; 49 CFR 1.46 (b).

SOURCE: CGFR 58-50, 24 FR 5608, July 11, 1959, unless otherwise noted.

Subpart 74.01-Charges to the
Public

$74.01-1 Claim for damage, destruction, or displacement.

Whenever an aid to navigation is damaged, destroyed, or displaced from its station, a claim shall be made on behalf of the United States in accordance with Part 25 of this title.

[CGFR 70-7, 35 FR 4048, Mar. 4, 1970]

§ 74.01-10 Charges invoiced to owner for marking sunken wrecks and other obstructions to navigation. Charges for the establishment, maintenance, and replacement by the Coast Guard of an aid, either permanent or temporary, to mark a sunken wreck or other obstruction to navigation are calculated to recover the Coast Guard costs involved in, or associated with, the marking process. These charges will be invoiced to the owner of the obstruction. Charges for the removal of aids to navigation established by the Coast Guard will be invoiced to the owner unless the District Engineer requests the continued marking of the obstruction. All charges will be assessed in accordance with Subpart 74.20 of this part.

[CGD 81-051, 48 FR 15468, Apr. 11, 1983]

$74.01-15 Charges for placement of temporary aids.

Charges for placement of temporary aids will be reimbursable and in accordance with Subpart 74.20 of this part. Where the placement of temporary aids other than those specified is made, a reasonable equivalence will be determined, and charges made accordingly.

§ 74.01-20 Deposit of payment in special account.

Whenever an aid to navigation or other property belonging to the Coast Guard is damaged or destroyed by a private person, such person shall pay to the satisfaction of the Coast Guard the cost of repair or replacement of

such property. The Coast Guard will accept and deposit such payment in a special account in the Treasury for payment therefrom of the cost of repairing or replacing the damaged property. Funds collected in excess of the cost to make repairs or replacements shall be refunded.

Subpart 74.20-Aids to Navigation Costs

§ 74.20-1 Buoy and vessel use costs.

(a) The buoy and vessel use costs for establishing, maintaining, repairing, replacing, or removing an aid to navigation under the requirements of this part are contained in COMDTNOTE 7310 (series) which is available at the Office of the Comptroller of the appropriate Coast Guard District Commander.

(b) Buoy and vessel use charges under this part are made for the cost or value of time, in hours, consumed by the Government vessel, including ship's complement, employed in marking the obstruction. No charge for time and expense of Coast Guard vessels is made when the marking of the obstruction causes only minimal interruption of routinely scheduled ship's duty.

[CGD 81-051, 48 FR 15468, Apr. 11, 1983]

equipment to foreign, state, or municipal governments or departments thereof; parties required to maintain private aids to navigation to mark wrecks, piers, or other obstructions; contractors engaged on public works; and in other cases in which in the judgment of the Commandant the public interest may be served: Provided:

(a) Such equipment has not been reported by the Coast Guard to the General Services Administration as excess (if the equipment has been reported to the General Services Administration as excess, the Commandant will submit the request to that administration for further action); and

(b) Such equipment is not readily procurable in the open market. Requests to purchase such apparatus or equipment shall give sufficient reasons why the article or articles cannot be readily procured in the open market. If the Commandant considers that an article can be readily procured in the open market the prospective purchaser will be so informed, and given the names of dealers or manufacturers.

Sales shall be invoiced at cost plus 25 percent for overhead. Proceeds of such sales shall be deposited in the Treasury to the credit of the current appropriation for operating expenses, Coast Guard.

§ 76.01-5 Sale of condemned equipment.

When any condemned supplies, materials, or equipment cannot be profitably used in work of the Coast Guard, they will be disposed of under appropriate regulations of the General Services Administration. Applications for purchase of such materials may be submitted to the Commandant who will process them for further action under the applicable regulations.

Subpart 76.10-Federal Agencies § 76.10-1 Exemption.

Nothing in this part shall be construed to affect the regulations concerning the transfer of supplies, materials, equipment, or land between other Federal agencies.

SPECIAL NOTE: Application of the 72 COLREGS to territories and possessions.

a. Article III of the Convention on the International Regulations for Preventing Collisons at Sea, 1972 (72 COLREGS), done at London, October 20, 1972, as rectified by Proces-Verbal of December 1, 1973, provides that a party may notify the Secretary-General of the International Maritime Organization (IMO, formerly Inter-Governmental Maritime Consultative Organization or IMCO) that it extends the application of the Convention to territory for which it is responsible for international relations. Since it is the intention of the United States that the 72 COLREGS apply to all U.S. territories and possessions to the same extent that the International Regulations for Preventing Collisions at Sea, 1960 (60 COLREGS) (16 USC 794, TIAS 5813) previously applied, the United States has given notice to the SecretaryGeneral that the provisions of the 1972 COLREGS are applicable on July 15, 1977, to the following territories and possessions for which the United States is responsible for international relations:

Puerto Rico

Guam

The Canal Zone

The Virgin Islands of the United States

American Samoa

Midway Island

Wake Island

Johnston Island

sensus of maritime nations rather than upon an express instrument. Because 72 COLREGS was elaborated as a treaty, and under usual treaty practice only parties are bound, there may be a period of time after the 72 COLREGS come into force during which the ships of a nation not party to 72 COLREGS might not be considered as being bound to comply with the convention. While it is most likely that the 72 COLREGS will rapidly achieve the status of customary international law, thereby obviating any concern on the part of the mariner as to whether a particular nation is a party, it does not necessarily follow that the courts in all nations will apply 72 COLREGS to the vessels of a non-party nation. In the absence of changes in their domestic law there may be certain nations that will feel compelled to continue 60 COLREGS in force, despite the coming into force of 72 COLREGS.

The following nations are Contracting Parties for which 72 COLREGS will apply upon the Convention's entry into force:

Palmyra Island

Kingman Reef

Howland Island

Baker Island

Jarvis Island Navassa Island

France

German Democratic

Republic

Germany, Federal

Republic

Ghana

Greece

Hungary Iceland India Liberia

South Africa

Spain

Sweden

Switzerland

Syrian Arab Republic USSR

United Kingdom

United States

Yugloslavia

Zaire

The following nations have accepted the 60 COLREGS but are not Contracting Parties to 72 COLREGS:

Argentina

Australia

Austria

Barbados

Burma

China

Cuba

the

Cyprus

Israel Italy

Ivory Coast Jamaica

Japan

Kuwait

formulations

COLREGS were not elaborated as treaties, they came into force by the almost simultaneous enactment of domestic legislation by the majority of maritime nations. The COLREGS were judicially considered as being customary international law, that is to say international law based upon the con

Czechoslovakia

Ecuador

Egypt
Fiji

Gambia
Indonesia
Ireland

Lebanon

Libyan Arab

Republic

Madagascar

Maldives
Morocco

Oman Pakistan

Paraguay

80.105 Calais, ME to Cape Small, ME. 80.110 Casco Bay, ME.

80.115 Portland Head, ME to Cape Ann, MA. 80.120 Cape Ann, MA to Marblehead Neck, MA.

80.125 Marblehead Neck, MA to Nahant, MA.

80.130 Boston Harbor entrance.

80.135 Hull, MA to Race Point, MA.

80.145 Race Point, MA to Watch Hill, RI. 80.150 Block Island, RI.

80.155 Watch Hill, RI to Montauk Point, NY. 80.160 Montauk Point, NY to Atlantic Beach, NY.

80.723 Amelia Island, FL to Cape Canaveral, FL.

80.727 Cape Canaveral, FL to Miami Beach, FL.

80.730 Miami Harbor, FL.

80.735 Miami, FL to Long Key, FL.

PUERTO RICO AND VIRGIN ISLANDS

SEVENTH DISTRICT

80.738 Puerto Rico and Virgin Islands.

GULF COAST

SEVENTH DISTRICT

80.740 Long Key, FL to Cape Sable, FL. 80.745 Cape Sable, FL to Cape Romano, FL. 80.748 Cape Romano, FL to Sanibel Island, FL.

80.750 Sanibel Island, FL to St. Petersburg, FL.

80.753 St. Petersburg, FL to Anclote, FL. 80.755 Anclote, FL to the Suncoast Keys, FL.

80.757 Suncoast Keys, FL to Horseshoe Point, FL.

80.760 Horseshoe Point, FL to Rock Island, FL.

EIGHTH DISTRICT

80.515 Cape Henry, VA to Cape Hatteras, NC.

80.520 Cape Hatteras, NC to Cape Lookout,

NC.

80.525 Cape Lookout, NC to Cape Fear, NC. 80.530 Cape Fear, NC to New River Inlet, NC.