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Title 33 - Navigation and Navigable Waters

Chapter I - Coast Guard, Department of Homeland Security

Subchapter C - Aids to Navigation

Part 66

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14 U.S.C. 542 , 543 , 544 ; 43 U.S.C. 1333 ; Public Law 107-296 , 116 Stat. 2135; Department of Homeland Security Delegation No. 0170.1.

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14 U.S.C. 542 , 543 , 544 ; 43 U.S.C. 1333 ; Public Law 107-296 , 116 Stat. 2135; Department of Homeland Security Delegation No. 0170.1.
CGFR 68-152, 33 FR 19816 , Dec. 27, 1968, unless otherwise noted.
( a ) No person, public body, or instrumentality not under the control of the Commandant, exclusive of the Armed Forces, will establish and maintain, discontinue, change or transfer ownership of any aid to maritime navigation, without first obtaining permission to do so from the Commandant.
( b ) For the purposes of this subpart, the term private aids to navigation includes all marine aids to navigation operated in the navigable waters of the United States other than those operated by the Federal Government ( part 62 of this subchapter ) or those operated in State waters for private aids to navigation (subpart 66.05).
( c ) Coast Guard authorization of a private aid to navigation does not authorize any invasion of private rights, nor grant any exclusive privileges, nor does it obviate the necessity of complying with any other Federal, State or local laws or regulations.
[CGFR 68-152, 33 FR 19816 , Dec. 27, 1968, as amended by CGD 85-057, 51 FR 11448 , Apr. 3, 1986; USCG-2009-0416, 74 FR 27437 , June 10, 2009; USCG-2012-0306, 77 FR 37312 , June 21, 2012; USCG-2005-21869, 80 FR 5330 , Jan. 30, 2015]
( a ) Under Section 888 of Pub. L. 107-296 , 116 Stat. 2135, the Commandant delegates to the District Commanders within the confines of their respective districts (see Part 3 of this chapter for descriptions) the authority to grant permission to establish and maintain, discontinue, change or transfer ownership of private aids to maritime navigation, and otherwise administer the requirements of this subpart.
( b ) The decisions of the District Commander may be appealed within 30 days from the date of decision. The decision of the Commandant in any case is final.
[CGFR 68-152, 33 FR 19816 , Dec. 27, 1968, as amended by USCG-1998-3799, 63 FR 35526 , June 30, 1998; USCG-2003-14505, 68 FR 9535 , Feb. 28, 2003]
To establish and maintain, discontinue, change, or transfer ownership of a private aid to navigation, you must apply to the Commander of the Coast Guard District in which the aid is or will be located. You can find application form CG-2554 at http://www.uscg.mil/forms/form_public_use.asp . You must complete all parts of the form applicable to the aid concerned, and must forward the application to the District Commander. You must include the following information:
( a ) The proposed position of the aid to navigation by two or more horizontal angles, bearings and distance from charted landmarks, or the latitude and longitude as determined by GPS or differential GPS. Attach a section of chart or sketch showing the proposed position.
( b ) The name and address of the person at whose expense the aid will be maintained.
( c ) The name and address of the person who will maintain the aid to navigation.
( d ) The time and dates during which it is proposed to operate the aid.
( f ) For lights: The color, characteristic, range, effective intensity, height above water, and description of illuminating apparatus. Attach a copy of the manufacturer's data sheet to the application.
( g ) For sound signals: Type (whistle, horn, bell, etc.) and characteristic.
( h ) For buoys or daybeacons: Shape, color, number, or letter, depth of water in which located or height above water.
( i ) For AIS AtoN and racons: Manufacturer and model number of AIS AtoN and racon, position and height above water of desired installation, and requested MORSE coding or AIS AtoN message characteristics. Equipment must have FCC authorization.
[CGFR 68-152, 33 FR 19816 , Dec. 27, 1968, as amended by CGD 85-057, 51 FR 11448 , Apr. 3, 1986; USCG-2000-7466, 68 FR 68238 , Dec. 8, 2003; USCG-2000-7466, 69 FR 12541 , Mar. 17, 2004; USCG-2001-10714, 69 FR 24982 , May 5, 2004; USCG-2008-0179, 73 FR 35002 , June 19, 2008; USCG-2012-0306, 77 FR 37312 , June 21, 2012; USCG-2005-21869, 80 FR 5330 , Jan. 30, 2015]
The characteristics of a private aid to navigation must conform to those prescribed by the United States Aids to Navigation System set forth in subpart B of part 62 of this subchapter .
[USCG-2000-7466, 68 FR 68238 , Dec. 8, 2003]
( a ) Except for range and sector lights, each light approved as a private aid to navigation must:
( 1 ) Have at least the effective intensity required by this subpart omnidirectionally in the horizontal plane, except at the seams of its lens-mold.
( 2 ) Have at least 50% of the effective intensity required by this subpart within ±2° of the horizontal plane.
( 3 ) Have a minimum effective intensity of at least 1 candela for a range of 1 nautical mile, 3 candelas for one of 2 nautical miles, 10 candelas for one of 3 nautical miles, and 54 candelas for one of 5 nautical miles. The District Commander may change the requirements for minimum intensity to account for local environmental conditions. For a flashing light this intensity is determined by the following formula:
G = The integral of the instantaneous intensity of the flashed light with respect to time
t 1 = Time in seconds at the beginning of the flash
t 2 = Time in seconds at the end of the flash
t 2 −t 1 is greater than or equal to 0.2 seconds.
( 4 ) Unless the light is a prefocused lantern, have a means of verifying that the source of the light is at the focal point of the lens.
( 5 ) Emit a color within the angle of 50% effective intensity with color coordinates lying within the boundaries defined by the corner coordinates in Table 66.01-11(5) of this part when plotted on the Standard Observer Diagram of the International Commission on Illumination (CIE).
Table 66.01-11(5) - Coordinates of Chromaticity
( 6 ) Have a recommended interval for replacement of the source of light that ensures that the lantern meets the minimal required intensity stated in paragraph (a)(3) of this section in case of degradation of either the source of light or the lens.
( 7 ) Have autonomy of at least 10 days if the light has a self-contained power system. Power production for the prospective position should exceed the load during the worst average month of insolation. The literature concerning the light must clearly state the operating limits and service intervals. Low-voltage disconnects used to protect the battery must operate so as to prevent sporadic operation at night.
( b ) The manufacturer of each light approved as a private aid to navigation must certify compliance by means of an indelible plate or label affixed to the aid that meets the requirements of § 66.01-14 .
[USCG-2000-7466, 68 FR 68238 , Dec. 8, 2003]
If, after March 8, 2004, you modify, replace, or install any light that requires a new application as described in § 66.01-5 , you must comply with the rules in this part.
[USCG-2000-7466, 68 FR 68239 , Dec. 8, 2003]
After March 8, 2004, equipment manufactured for use as a private aid to navigation must comply with the rules in this part.
[USCG-2000-7466, 68 FR 68239 , Dec. 8, 2003]
( a ) Each light, intended or used as a private aid to navigation authorized by this part, must bear a legible, indelible label (or labels) affixed by the manufacturer and containing the following information:
( 4 ) Words to this effect: “This equipment complies with requirements of the U.S. Coast Guard in 33 CFR part 66 .”
( b ) This label must last the service life of the equipment.
( c ) The manufacturer must provide the purchaser a data sheet containing the following information:
( 1 ) Recommended service life based on the degradation of either the source of light or the lamp.
( 3 ) Effective intensity in candela.
( 4 ) Size of lamp (incandescent only).
( 5 ) Interval, in days or years, for replacement of dry-cell or rechargeable battery.
[USCG-2000-7466, 68 FR 68239 , Dec. 8, 2003]
( a ) The District Commander receiving the application will review it for completeness and will assign the aid one of the following classifications:
Class I: Aids to navigation on marine structures or other works which the owners are legally obligated to establish, maintain and operate as prescribed by the Coast Guard.
Class II: Aids to navigation exclusive of Class I located in waters used by general navigation.
Class III: Aids to navigation exclusive of Class I located in waters not ordinarily used by general navigation.
( b ) Upon approval by the District Commander, a signed copy of the application will be returned to the applicant. Approval for the operation of radar beacons (racons) will be effective for an initial two year period, then subject to annual review without further submission required of the owner.
[CGFR 68-152, 33 FR 19816 , Dec. 27, 1968, as amended by CGD 85-057, 51 FR 11448 , Apr. 3, 1986]
All classes of private aids to navigation shall be maintained in proper operating condition. They are subject to inspection by the Coast Guard at any time and without prior notice.
( a ) No person, public body or instrumentality shall change, move or discontinue any authorized private aid to navigation required by statute or regulation (Class I, § 66.01-15 ) without first obtaining permission to do so from the District Commander.
( b ) Any authorized private aid to navigation not required by statute or regulation (Classes II and III, § 66.01-15 ) may be discontinued and removed by the owner after 30 days' notice to the District Commander to whom the original request for authorization for establishment of the aid was submitted.
( c ) Private aids to navigation which have been authorized pursuant to this part shall be discontinued and removed without expense to the United States by the person, public body or instrumentality establishing or maintaining such aids when so directed by the District Commander.
( a ) Before any private aid to navigation consisting of a fixed structure is placed in the navigable waters of the United States, authorization to erect such structure shall first be obtained from the District Engineer, U.S. Army Corps of Engineers in whose district the aid will be located.
( b ) The application to establish any private aid to navigation consisting of a fixed structure shall show evidence of the required permit having been issued by the Corps of Engineers.
( a ) Nothing in the preceding sections of this subpart shall be construed to interfere with or nullify the requirements of existing laws and regulations pertaining to the marking of structures, vessels and other obstructions sunken in waters subject to the jurisdiction of the United States ( Part 64 of this subchapter ), the marking of artificial islands and structures which are erected on or over the seabed and subsoil of the Outer Continental Shelf ( Part 67 of this subchapter ), or the lighting of bridges over navigable waters of the United States (Subchapter J of this subchapter).
( b ) Persons marking bridges pursuant to Sub chapter J of this title are exempted from the provisions of § 66.01-5 .
[CGD 78-156, 48 FR 11268 , Mar. 17, 1983]
Any person, public body or instrumentality, excluding the armed forces, who shall establish, erect or maintain any aid to maritime navigation without first obtaining authority to do so from the Coast Guard, with the exception of those established in accordance with § 64.11 of this chapter , or who shall violate the regulations relative thereto issued in this part, is subject to the provisions of 14 U.S.C. 542 .
[CGD 78-156, 48 FR 11268 , Mar. 17, 1983, as amended by USCG-2008-0179, 73 FR 35002 , June 19, 2008; USCG-2020-0304, 85 FR 58277 , Sept. 18, 2020]
Private aids to navigation lawfully maintained under these regulations are entitled to the same protection against interference or obstruction as is afforded by law to Coast Guard aids to navigation ( Part 70 of this subchapter ). If interference or obstruction occurs, a prompt report containing all the evidence available should be made to the Commander of the Coast Guard District in which the aids are located.
( a ) When any private aid to navigation authorized by the District Commander, or the essential real estate or facility with which the aid is associated, is sold or transferred, both parties to the transaction shall submit application ( § 66.01-5 ) to the Commander of the Coast Guard District in which the aid is located requesting authority to transfer responsibility for maintenance of the aid.
( b ) The party relinquishing responsibility for maintenance of the private aid to navigation shall indicate on the application form (CG-2554) both the discontinuance and the change of ownership of the aid sold or transferred.
( c ) The party accepting responsibility for maintenance of the private aid to navigation shall indicate on the application form (CG-2554) both the establishment and the change of ownership of the aid sold or transferred.
( d ) In the event the new owner of the essential real estate or facility with which the aid is associated refuses to accept responsibility for maintenance of the aid, the former owner shall be required to remove the aid without expense to the United States. This requirement shall not apply in the case of any authorized private aid to navigation required by statute or regulation (Class I, § 66.01-15 ) which shall be maintained by the new owner until the conditions which made the aid necessary have been eliminated.
CGFR 66-32, 31 FR 10320 , July 30, 1966, unless otherwise noted.
The purpose of the regulations in this subpart is to prescribe the conditions under which state governments may regulate aids to navigation owned by state or local governments, or private parties. With the exception on the provisions of subpart 66.10, which are valid until December 31, 2003, aids to navigation must be in accordance with the United States Aids to Navigation System in part 62 of this subchapter .
[CGD 97-018, 63 FR 33573 , June 19, 1
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