C.F.R. » Title 33 » CHAPTER I—COAST GUARD, DEPARTMENT OF HOMELAND SECURITY › SUBCHAPTER C—AIDS TO NAVIGATION › PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES › Subpart 67.40—Notification

33 C.F.R. § 67.40-5

Waivers

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(a) The District Commander is authorized to modify or waive any requirement prescribed in this part whenever, in his or her judgment, the safety of marine commerce will not be impaired by so doing.

(b) When the District Commander shall determine that changed circumstances in the case of a structure, whose obstruction lights and/or sound signal have been modified or waived, constitutes a hazard to marine navigation, he or she is authorized to revoke or revise his or her previous action and to require the structure to be appropriately marked by suitable obstruction lights and/or sound signals in accordance with this part.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by USCG-2001-10714, 69 FR 24984, May 5, 2004]
Notes of Decisions
Cited in 1 case, 2007–2007 · 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). “33 C.F.R. § 67.40-5 . This same approval process applies to marking submerged artificial structures in the Gulf of Mexico: “Prior to marking a submerged artificial structure the owner shall submit form CG-2554 to the District Commander for approval.”
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