[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: 33CFR66.05-20]



[Page 160-161]

 

                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



[[Page 161]]



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 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]