tion thereby became the "head of the Department in which the Coast Guard is operating," including the authority to promulgate and enforce regulations under the Outer Continental Shelf Lands Act (43 U.S.C. 1333). By a rule in 49 CFR 1.9 the Secretary continued in effect actions taken prior to April 1, 1967. By rules in 49 CFR 1.4(a) (2) and (f) the Secretary of Transportation authorized the Commandant, U.S. Coast Guard, with respect to his own organization, to exercise the authority granted to the Secretary as Executive head of that department by any statute, Executive order or regulation. Section 1657 (e) of Title 49 U.S.C. provides for delegation and redelegation of powers and functions vested in the Secretary. By a rule in 49 CFR 1.4(g) the Commandant is authorized to redelegate and authorize successive redelegations within the organization under his jurisdiction.

[CGFR 68-95, 33 F.R. 15285, Oct. 15, 1968] § 67.01-15 Classification of structures.

(a) The varied depths of water and marine commerce traffic routes which exist in the waters over the Outer Continental Shelf, and in other waters, permits the classification of structures according to their location in such waters. Those structures in the area seaward of the line of demarcation, prescribed by the regulations in this part, are designated as Class “A” structures. All structures shoreward of the line of demarcation, prescribed by the regulations in this part, are designated as either Class "B" or Class "C" structures.

(b) In the event a line of demarcation is not prescribed, the District Commander shall designate a structure "A", "B", or "C" as he deems appropriate. § 67.01-20 Prescribing lines of demar

cation.

gation in accordance with plans previously approved by a proper officer of the Coast Guard will be considered satisfactory so long as they are maintained in good operating condition, unless change in circumstances makes an earlier change necessary in the interest of marine safety.

§ 67.01-30 Equivalents.

The use of alternate equipment, apparatus, or installation arrangements specified in this part may be permitted by the District Commander to such extent and under such conditions as will result in achieving a degree of safety or compliance with these regulations equivalent to or above the minimum requirements set forth in this part. Subpart

67.05-General ments for Lights

Require

§ 67.05–1 Arrangement of obstruction lights.

(a) Structures having a maximum horizontal dimension of 30 feet or less on any one side, or in diameter, shall be required to have one obstruction light visible for 360°.

(b) Structures having a maximum horizontal dimension of over 30 feet, but not in excess of 50 feet, on any one side, or in diameter, shall be required to have two obstruction lights installed on diagonally opposite corners, 180° apart, or as prescribed by the District Commander, each light to have a 360° lens.

(c) Structures having a horizontal dimension of over 50 feet on any one side, or in diameter, shall be required to have an obstruction light on each corner, or 90° apart in the case of circular structures, or as prescribed by the District Commander, each light to have a 360° lens.

(d) Where the overall dimensions of a structure require the installation of two or more obstruction lights, the lights shall all be mounted on the same horizontal plane within the limitations of height specified in § 67.20–5, § 67.25–5, or § 67.30-5, as applicable.

(e) Lesser structures and piles, pile clusters or flare templates, etc., will not normally be required to be marked by obstruction lights, when they are located within 100 yards of a Class "A", "B" or "C" structure marked by established obstruction lights, but they shall be marked with red or white retro-reflective material, installed as prescribed by the District Commander.

All obstruction lights required by this part shall be powered from a reliable power source, including auxiliary power sources as necessary. They shall display a quick-flash characteristic of approximately 60 flashes per minute, unless prescribed otherwise in the permit issued by the District Commander. Their color shall be white when marking Class "A” and "B" structures, and either white or red, as prescribed by the District Commander, when marking Class "C" structures. In determining whether white or red lights shall be authorized, the District Commander 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.

§ 67.05-15 Operating periods of obstruction lights.

Obstruction lights shall be displayed at all times between the hours of sunset and sunrise, local time, commencing at the time the construction of a structure is begun. During construction and until such time as a platform capable of supporting the obstruction lights is completed, the fixed lights on an attending vessel shall be used. In addition, when lights are in use for general illumination to facilitate the construction or operation of a structure, and can be seen from any angle of approach at a distance equal to that prescribed for the obstruction lights for the class of structure, the actual operation of obstruction lights also will not be required.

[CGFR 58-34, 23 F. R. 7701, Oct. 4, 1958]

50-081 0-71-14

§ 67.05-20 Minimum lighting require

ments.

The obstruction lighting requirements prescribed in this part are the minimum requirements only and shall not preclude the maintainer from making application for authorization to establish more lights, or lights of greater intensity than required to be visible at the distances prescribed: Provided, That the prescribed characteristics of color and flash duration are adhered to.

§ 67.05-25 Special lighting require

ments.

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 is authorized to require the structure to be marked by the lights which in his judgment are 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 lights in any of these cases, shall not exceed those established for structures in the Class "A" areas.

Subpart 67.10-General

Require

ments for Fog Signals

§ 67.10-1 Type and characteristics.

(a) The fog signal prescribed in this part shall be the audible sound signal which, in the judgment of the District Commander, is satisfactory in tone, characteristic, and geographic range.

(1) The sound signal produced shall have its maximum intensity at a frequency range above 100 cycles, and shall have a loudness level of 55 phons, at the geographic ranges specified in § 67.20-10, § 67.25-10, or § 67.30–10, as applicable.

(2) The fog signal apparatus when established shall be powered from a reliable power source, and if necessary, an auxiliary power source, to assure that the signal is reliable.

(3) In determining that the fog signal apparatus will provide the loudness level stated in this section, the District Commander may authorize the establishment and operation of the required signal, if it will produce the minimum acceptable sound pressure level in decibels for its fundamental frequency around a 360° horizontal plane passing through the signal, at a distance of 25 feet, measured in an anechoic chamber: Provided, That

the minimum value is not less than that shown on the appropriate curve in Table "A" of this part. (For fog signal apparatus which produces an audible signal having appreciable harmonic content, in lieu of considering only the fundamental frequency, all harmonic components 1000 cycles per signal and below may be considered as adding to the loudness level. In evaluating the effect of harmonic components the District Commander will use procedures used within the Coast Guard for such determination.)

(4) In lieu of witnessing the actual test of the fog signal apparatus prior to the issuance of a permit for its estab

lishment and operation the District Commander may accept as proof a certificate prepared by the manufacturer which shows that the particular fog signal apparatus proposed for use is an identical 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. 10611094)," 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 local 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.

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

cient 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.

§ 67.30-5 Obstruction lights.

(a) The obstruction lights shall be white or red lights as prescribed in Sub