[Code of Federal Regulations]
[Title 33, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR66.05-20]

[Page 158-159]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
 
PART 66--PRIVATE AIDS TO NAVIGATION--Table of Contents
 
                 Subpart 66.05--State Aids to Navigation
 
Sec. 66.05-20  Coast Guard-State agreements.

    (a) The District Commander in whose District a waterway is located 
may enter into agreements with State Administrators permitting a State 
to regulate aids to navigation, including regulatory markers, in State 
waters for private aids to navigation, as, in the opinion of the 
District Commander, the State is able to do in a manner to improve the 
safety of navigation. When a waterway is located within the area of 
jurisdiction of more than one Coast Guard District, the District 
Commander in whose District the State capital is located shall execute 
the agreement in behalf of the Coast Guard. All such agreements shall 
reserve to the District Commander the right to inspect the State aids to 
navigation without prior notice to the State. They shall stipulate that 
State aids to navigation will conform to the Uniform State Waterway 
marking System or to the U.S. Aids to Navigation System and that the 
State Administrator will modify or remove State aids to navigation 
without expense to the United States when so directed by the District 
Commander, subject to the right of appeal on the part of the State 
Administrator to the Commandant.
    (b) A Coast Guard-State agreement shall become effective when both 
parties have signed the agreements. In lieu of the procedure prescribed 
in Sec. 66.01-5, the agreement shall constitute blanket approval by the 
Commandant, of the State aids to navigation, including regulatory 
markers, established or to be established in State waters for private 
aids to navigation designated or to be designated by the Commandant.
    (c) In addition to the matters set forth in paragraph (a) of this 
section, Coast Guard-State agreements shall cover the following points, 
together with such other matters as the parties find it desirable to 
include:
    (1) A description, in sufficient detail for publication in Notices 
to Mariners, of all aids to navigations under State jurisdiction in 
navigable waters of the United States in existence prior to the 
effective date of the agreement which have not been previously approved 
under procedures of Sec. 66.01-5.
    (2) Procedures for use by the State administrator to notify the 
District Commander of changes made in State aids to navigation, as 
required by Sec. 66.05-25.
    (3) If prior to December 21, 2003, specification of the marking 
system to be used, whether the U.S. Aids to Navigation System or the 
Uniform State Waterway Marking System.
    (4) Specification of standards as to minimum size and shape of 
markers, the use of identifying letters, the use of reflectors or 
retroreflective materials, and any other similar standards so as

[[Page 159]]

to enable Coast Guard inspectors to determine compliance with Statewide 
standards.

[CGD 86-031, 52 FR 42645, Nov. 6, 1987, as amended by CGD 97-018, 63 FR 
33573, June 19, 1998]