33 C.F.R. § 64.03

Scope

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(a) Except as provided in paragraph (b) of this section these rules apply to:

(1) Structures located in or over waters subject to the jurisdiction of the United States and, on the high seas, structures owned or operated by persons subject to the jurisdiction of the United States;

(2) Sunken vessels in the navigable waters or waters above the continental shelf of the United States; and

(3) Other obstructions existing on or in the navigable waters or waters above the continental shelf of the United States.

(b) The following obstructions are exempt from the requirements of this part:

(1) Dredging pipelines subject to subchapter E of this chapter;

(2) Bridges subject to subchapter J of this chapter;

(3) Vessels subject to the International Regulations for preventing Collisions at Sea, 1972 (1972 COLREGS) or the Inland Navigation Rules;

(4) Deepwater port facilities subject to subchapter NN of this chapter; and

(5) Artificial islands and structures subject to Part 67 of this subchapter.

[CGD 78-156, 48 FR 11267, Mar. 17, 1983, as amended by USCG-2016-0498, 82 FR 35080, July 28, 2017]

Notes of Decisions

Cited in 3 cases, 2007–2019 · leading case: Targa Midstream Servs. Ltd. P'ship v. K-Sea Transp. Partners, L.P., 527 F. Supp. 2d 598 (S.D. Tex. 2007).

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Targa Midstream Servs. Ltd. P'ship v. K-Sea Transp. Partners, L.P., 527 F. Supp. 2d 598 (S.D. Tex. 2007). “Targa argues that Part 64 cannot apply as a matter of law because Part 64 specifically exempts from its requirements structures covered by Part 67, 33 C.F.R. § 64.03 (b)(5), which include pipeline riser platforms like Targa’s, see 33 C.”

Rose Crewboat Servs., Inc. v. Wood Resources, LLC (E.D. La. 2019). · cites it 2× “”60 See 33 C.F.R. § 64.03 (a)(3).61 Other courts have held that this regulation applies to dredge pipelines.”

Nat'l Union Fire Ins. v. Weeks Marine, Inc., 88 F. Supp. 3d 1348 (S.D. Fla. 2015). “provision of 33 C.F.R. § 64.03 (b)(1). It declines to do so because it concludes that Plaintiff has not established that Defendant violated Part 64 as a matter of law, regardless of whether or not that part applies.”

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