production model of a type of fog signal which has been tested in the presence of a Coast Guard Officer and which has been found to meet or exceed the requirements of this part.

(b) A fog signal shall be sounded every twenty seconds (sound 2 seconds, silent 18 seconds), unless prescribed otherwise in the permit issued by the District Commander: Provided, That the fog signal characteristic which may be authorized by the District Commander shall be one which is different from the sound signals prescribed in accordance with the "Regulations for Preventing Collisions at Sea, 1960 (33 U.S.C. 1061

1094)," or the local rules established in accordance with Rule 30 thereof, as appropriate.

(c) The fog signal apparatus shall be located on the structure and so arranged that the sound signal produced will be audible over 360° with no wind, to the applicable geographic ranges prescribed in Subpart 67.20, 67.25, or 67.30 of this part: Provided, That the fog signal is located not less than 10 feet, nor more than 100 feet above the water.

[CGFR 58-17, 23 F.R. 3377, May 20, 1958, as amended by CGFR 62-32, 27 F.R. 10101, Oct. 13, 1961; CGFR 64-66, 29 F.R. 14634, Oct. 27, 1964; 33 F.R. 15285, Oct. 15, 1968]

$ 67.10-5 Operating periods.

A fog signal shall be required to mark a structure according to the class thereof, from the time the obstruction is established, with the actual period of operation required when reduced visibility prevails as prescribed in Subpart 67.20, 67.25, or 67.30 of this part: Provided, That in the absence of attendants for on-site or remote controlled operation, or of a satisfactory fog detection device capable of controlling the signal, the fog signal shall be operated continuously. During construction and until such time as a platform sufficient to contain fog signal apparatus can be completed, the whistle of an attending vessel may be used as the fog signal for the structure: Provided, That the vessel's whistle is equal to or better than that to be required for the structure, in tone and range. Nothing contained in this section shall be construed as relieving an attending vessel from compliance with fog signals required by the "Regulations for Preventing Collisions at Sea, 1960 (33 U.S.C. 1061-1094)," or the local rules established in accordance with Rule 30 thereof, as appropriate.

[CGFR 58-17, 23 F.R. 3377, May 20, 1958, as amended by CGFR 68-95, 33 F.R. 15285, Oct. 15, 1968]

§ 67.10-10 Minimum fog signal require

ments.

(a) The fog signal requirements prescribed in this part are the minimum requirements only, and shall not preclude the maintainer from making application for authorization to establish and operate a fog signal having a greater audible range: Provided, That the prescribed tone and characteristic are adhered to.

(b) Whenever a structure is erected in a position on or adjacent to the edges of navigable channels and fairways, or lines of demarcation, the District Commander may require the structure to be marked by the fog signal which in his judgment is necessary for the safety of marine commerce, and without regard to the fact that the structure may be located in an area in which either Class "B" or Class "C" requirements are otherwise applicable. The requirements for the fog signals in any of these cases, shall not exceed those established for structures in the Class "A" area.

Subpart 67.15-Miscellaneous Marking Requirements

§ 67.15-1 Lights and signals on attendant vessels.

The requirements prescribed by this part apply to structures. The barges, vessels, and other miscellaneous floating plants in attendance shall display lights and signals in accordance with the "Regulations for Preventing Collisions at Sea, 1960 (33 U.S.C. 1601-1094)," or the localTM rules established in accordance with Rule 30 thereof, as appropriate. However, when vessels are fixed to or submerged onto the seabed, they become structures as described in § 67.01-5.

[CGFR 58-17, 23 F.R. 3377, May 20, 1958, as amended by CGFR 68-95, 33 F.R. 15285, Oct. 15, 1968]

§ 67.15-5 Seismographic and surveying operations.

All stakes, casings, pipes, and buoys, except bamboo poles and wooden stakes less than 2 inches in diameter, placed in the water to facilitate seismographic or surveying operations shall be marked, in the manner prescribed by the District Commander, for the safety of navigation. § 67.15-10 Spoil banks, artificial islands, and dredged channels.

(a) All submerged spoil banks, or artificial islands resulting from the dredging of private channels, laying of pipelines, or any other private operation, and all privately dredged channels which, in the judgment of the District Commander are required to be marked by aids to navigation, shall be marked by private aids to navigation conforming to the standard United States system of aids to navigation characteristics described in Subpart 62.25 of Part 62 of this subchapter.

(b) Applications for permits to establish and maintain private aids to navigation for the purpose indicated in this section shall be reviewed by the District Commander and forwarded to the Commandant, for final review and issuance of permits.

Subpart 67.20-Class "A"
Requirements

§ 67.20-1 Class "A" structures.

Class "A" structures shall be the structures erected in an area where Class "A" requirements must be met.

The obstruction lights shall be white lights as prescribed in Subpart 67.05 of this part. The lights shall be of sufficient candlepower as to be visible at a distance of at least five nautical miles 90 percent of the nights of the year. The lights shall be displayed not less than 20 feet above mean high water, but not at a height greater than that specified in § 67.05-1(f).

[CGFR 58-34, 23 F. R. 7701, Oct. 4, 1958] § 67.20-10 Fog signal.

(a) The fog signal shall be in accordance with the requirements prescribed in Subpart 67.10 of this part, and shall have an audible range of not less than two miles, with no wind, in all directions from the structure it marks, and shall be placed in operation whenever the visibility is less than 5 miles in any direction, except as provided in paragraph (b) of this section.

(b) When structures are erected in close proximity to each other, installation of fog signals of lesser audible range or omission of fog signals altogether may be permitted, when in the judgment of the District Commander the group of structures which are equipped with fog signals are so arranged that the particular structure is protected to the degree required by this part, and is not a hazard to navigation.

[CGFR 63-18, 28 F.R. 4026, Apr. 24, 1963] Subpart 67.25-Class "B" Requirements

§ 67.25-1

Class "B" structures.

Class "B" structures shall be the structures erected in an area where Class "B" requirements must be met.

§ 67.25-5 Obstruction lights.

(a) The obstruction lights shall be white 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 three nautical miles 90 percent of the nights of the year. The lights shall be displayed not less than 20 feet above mean high 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 F.R. 7701, Oct. 4, 1958, as amended by CGFR 62-32, 27 F.R. 10101, Oct. 13, 1961]

§ 67.25-10 Fog signal.

(a) The fog signal shall be in accordance with the requirements prescribed in Subpart 67.10 of this part, and shall have an audible range of not less than one half mile with no wind, in all directions from the structure it marks, and shall be placed in operation whenever the visibility is less than 3 miles in any direction.

(b) When structures are erected in close proximity to each other, installation of fog signals on all structures will not be required, when in the judgment of the District Commander, the group of structures which are equipped with fog signals are so arranged that the particular structure is protected to the degree required by this part, and is not a hazard to navigation.

(c) The District Commander may waive the requirement for a fog signal on Class "B" structures if there is no hazard to navigation by so doing. He may also waive, upon specific request, the requirement for a fog signal on any Class "B" structure which is located in a shoal area where the structure does not, in his judgment, constitute a menace to navigation.

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.

(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 F.R. 7701, Oct. 4, 1958, as amended by CGFR 68-95, 33 F.R. 15285, Oct. 15, 1968]

§ 67.30-10 Fog signal.

(a) In general, fog signals will be required only on those Class "C" structures which are erected in locations covered by the provisions of § 67.10-10(b).

(b) In cases, where although not required, an applicant desires to establish and operate a fog signal, a permit therefor shall be granted, at the discretion of the District Commander: Provided, That the tone and characteristic prescribed in § 67.10-1 are adhered to.

Subpart 67.35-Applications § 67.35-1

Procedure.

(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

mander.

Notification to District Com

(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 eífect 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 F.R. 3377, May 20, 1958, as amended by CGFR 62-32, 27 F.R. 10101, Oct. 13, 1961]

§ 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.

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 § 67.01-20. 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