[Code of Federal Regulations]

[Title 33, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR66.05-10]



[Page 160]

 

                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. 66.05-10  State waters for private aids to navigation; designations; 

revisions, and revocations.



    (a) A State Administrator who desires to regulate State maritime 

aids to navigation in the navigable waters of the United States not 

marked by the Federal Government, shall request the Commandant to 

designate the specific bodies of water involved as State waters for 

private aids to navigation.

    (b) The request shall be forwarded to the District Commander in 

whose district the bodies of water are located. The request shall give 

the name and description of the waterway; the extent of use being made 

of the waterway for marine navigation, in general terms; an appropriate 

chart or sketch of the area; and a general outline of the nature and 

extent of the State aids to navigation which the Administrator plans to 

establish in the waterway.

    (c) The District Commander shall review the request and consult with 

the State Administrator concerning the terms of an initial agreement to 

be entered into under provisions of Sec. 66.05-20. When they have 

arrived at terms of an agreement satisfactory to both, the District 

Commander shall forward the request to the Commandant with 

recommendations and the terms of agreement mutually settled upon. If 

they cannot reach such agreement, the District Commander shall forward 

the request with recommendations and a statement of the points agreed 

upon and the points remaining at issue.

    (d) Upon receipt of the request, the Commandant will determine 

whether or not approval of the request is in the public interest and 

will inform the State Administrator and the District Commander of the 

Coast Guard's decision. If the request is approved, the designation by 

the Commandant of the waters in question as State waters for private 

aids to navigation will be also defined and described in this subpart.

    (e) The Commandant may, upon his or her own initiative or upon 

request, revoke or revise any designations of State waters for private 

aids to navigation previously made by him or her. Written notice shall 

be given the State Administrator of the action contemplated by the 

Commandant. The State Administrator will be afforded a period of not 

less than 30 days from the date of the notice in which to inform the 

Commandant of the State's views in the matter before final action is 

completed to revoke or revise such designation.



[CGFR 66-32, 31 FR 10320, July 30, 1966, as amended by USCG-2001-10714, 

69 FR 24982, May 5, 2004]