C.F.R. » Title 33 » CHAPTER I—COAST GUARD, DEPARTMENT OF HOMELAND SECURITY › SUBCHAPTER C—AIDS TO NAVIGATION › PART 64—MARKING OF STRUCTURES, SUNKEN VESSELS AND OTHER OBSTRUCTIONS › Subpart B—Sunken Vessels and Other Obstructions

33 C.F.R. § 64.11

Marking, notification, and approval requirements

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(a) The owner and/or operator of a vessel, raft, or other craft wrecked and sunk in a navigable channel must mark it immediately with a buoy or beacon during the day and with a light at night. The requirement to mark the vessel, raft, or other craft with a light at night may be waived by the District Commander pursuant to § 64.13 of this subpart.

(b) The owner and/or operator of a sunken vessel, raft, or other craft that constitutes a hazard to navigation must mark it in accordance with this subchapter.

(c) The owner and/or operator of a sunken vessel, raft, or other craft must promptly report to the District Commander, in whose jurisdiction the vessel, raft, or other craft is located, the action they are taking to mark it. In addition to the information required by 46 CFR 4.05, the reported information must contain—

(1) Name and description of the sunken vessel, raft, or other craft, including type and size;

(2) Accurate description of the location of the sunken vessel, raft, or other craft, including how the position was determined;

(3) Water depth; and

(4) Location and type of marking established, including color and shape of buoy or other beacon and characteristic of the light, if fitted.

(d) The owner and/or operator of a vessel, raft, or other craft wrecked and sunk in waters subject to the jurisdiction of the United States or sunk on the high seas, if the owner is subject to the jurisdiction of the United States, must promptly report to the District Commander, in whose jurisdiction the obstruction is located, the action they are taking to mark it in accordance with this subchapter. The reported information must contain the information listed in paragraph (c) of this section, including the information required by 46 CFR 4.05.

(e) Owners and/or operators of other obstructions may report the existence of such obstructions and mark them in the same manner as prescribed for sunken vessels.

(f) Owners and/or operators of marine pipelines that are determined to be hazards to navigation must report and mark the hazardous portion of those pipelines in accordance with 49 CFR parts 192 or 195, as applicable.

(g) All markings of sunken vessels, rafts, or crafts and other obstructions established in accordance with this section must be reported to and approved by the appropriate District Commander.

(h) Should the District Commander determine that these markings are inconsistent with part 62 of this subchapter, the markings must be replaced as soon as practicable with approved markings.

[USCG-2012-0054, 78 FR 77590, Dec. 24, 2013]
Notes of Decisions
Cited in 5 cases, 2000–2019 · 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). · cites it 5× “However, having reviewed the language and structure of these regulations, the court concludes that Targa’s duty of care is governed by Part 64 because Part 64 regulates the marking of structures that create sudden and unexpected dangers to naviga *601 tion, see 33 C.F.R. §§…”
Tidewater Marine, Inc. v. Sanco Int'l, Inc., 113 F. Supp. 2d 987 (E.D. La. 2000). “Thus, Sanco is in violation of federal statutes 33 C.F.R. § 64.11 and 33 U.S.C. § 409 , and consequently the Pennsylvania Rule shifts the burden to Sanco to show that its statutory breach could not have caused or contributed to the allision.”
Am. S.S. Co. v. Hallett Dock Co., 862 F. Supp. 2d 919 (D. Minnesota 2012). “Under 33 C.F.R. § 64.11 (a), [t]he owner of a vessel, raft, or other craft wrecked and sunk in a navigable channel shall mark it immediately with a buoy or daymark during the day and with a light at night.”
Rose Crewboat Servs., Inc. v. Wood Resources, LLC (E.D. La. 2019). · cites it 2× “” 33 C.F.R. § 64.11 (a). Here, the pipeline undoubtably acted as an obstruction on navigable waters, as it prohibited vessels, such as the M/V SAM B from navigating through the Mississippi.”
Nat'l Union Fire Ins. v. Weeks Marine, Inc., 88 F. Supp. 3d 1348 (S.D. Fla. 2015). · cites it 3× “) (emphasis added) (quoting 33 C.F.R. § 64.11 (a) (2011)). 6 Because the Floating Pipeline was an “obstruction,” Plaintiff argues that it must be marked.”
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