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water, but not at a height greater than that specified in § 67.05-1(f), except that on Class "B" structures which are required to be marked by only one light, that light may be displayed not less than 10 feet above mean high water if the structural features preclude mounting the light within the range of heights otherwise specified in this section.

(b) The District Commander may waive the requirement for obstruction lights on Class "B" structures if there is no hazard to navigation by so doing. [CGFR 58-34, 23 FR 7701, Oct. 4, 1958, as amended by CGFR 62-32, 27 FR 10101, Oct. 13, 1962]

§ 67.25-10 Fog signal.

(a) The owner of a Class "B" structure shall

(1) Install a fog signal that has a range of at least one-half mile, except that the District Commander may

(i) Prescribe a greater range, not to exceed 2 miles, under the provisions of paragraph (b) of this section; or

(ii) Exempt the structure from the requirements of this paragraph, under the provisions of paragraph (c) of this section;

(2) Operate the fog signal when the visibility in any direction is less than 3 miles, unless the District Commander establishes a greater or lesser distance of visibility in any direction is less than 3 provisions of paragraph (b) or (c) of this section.

(b) The owner of a Class "B" structure shall install a fog signal with a greater range or operate it at times of greater visibility than required in paragraph (a) of this section if

(1) The structure is erected on or adjacent to the edge of a

(i) Navigable channel;

(ii) Fairway; or

(iii) Line of demarcation; and

(2) The District Commander decides a greater range or operation of the fog signal at times of greater visibility is 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 finds that a structure is

(1) So close to other structures and so enveloped by the fog signals on

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§ 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, 19120.

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(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 estab

lish 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).

(Sec. 1, 70 Stat. 226, 14 U.S.C. 85)
[CGD 72-74R, 37 FR 13513, July 8, 1972]

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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.

The regulations in this subpart shall apply to the structures which are located within the boundaries of the Coast Guard districts hereinafter defined.

§ 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 § 67.0120. 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]

§ 67.50-10 Third Coast Guard District.

(a) Description. See §3.15-1 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 § 67.0120. 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 1 which it is located; the proximity of the structure to vessel routes; the

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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 § 67.0120. 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]

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(b) Line of demarcation. There is no line of demarcation prescribed for this District. When required, it will be determined in accordance with § 67.0120. The District Commander shall assign structures to classes 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 de-
limits the areas to the seaward of
which Class "A" requirements are im-
posed. The secondary line of demarca-
tion delimits the areas to the
shoreward of which Class "C" require-
ments are imposed. In those areas
where no secondary line of demarca-
tion is prescribed, the structures
shoreward of the primary line of de-
marcation are considered to be Class
"C" structures. Class "B" require-
ments 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 juris-
diction 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., longi-
tude 89°09′.6 W., thence to;

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

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

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

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

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

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

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

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

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

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

(xxiii) A point at latitude 29°38′.7 N., lon-
gitude 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., longi-
tude 94°30'.0 W., thence to;

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

(xxvii) A point at latitude 28°54'.9 N., lon-
gitude 95°15'.6 W., thence to;

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

(xxix) A point at latitude 27°49′.5 N., lon-
gitude 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., longi-
tude 97°17'.5 W., thence to;

(xxxii) A point at latitude 26°04'.1 N., lon-
gitude 97°08'.6 W.

(2) The coordinates of the secondary
line of demarcation within the juris-
diction 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;

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