(b) These notices are intended for mariners and others who have a definite need for them in connection with extended seagoing activities or those operating in several Coast Guard Districts.

(c) These notices may be obtained, free of charge, upon request to the Commander, U.S. Naval Oceanographic Office, Washington 25, D.C.

[CGFR 62-32, 27 F.R. 10102, Oct. 13, 1962] § 72.01-25 Marine broadcasts.

Marine broadcast notices to Mariners are made by the Coast Guard through Coast Guard or Naval radio stations to report deficiencies and changes in aids to navigation of importance. Radio stations broadcasting marine information are listed in "Radio Navigational Aids (HO-117)" published by the Hydrographic Office.

[CGFR 58-50, 24 F.R. 5608, July 11, 1959, as amended by CGFR 61-55, 26 FR. 10572, Dec. 28, 1961]

§ 72.01-30 Temporary deficiencies.

Temporary deficiencies in aids to navigation are not published in Notices to Mariners when it is known that the defects will be corrected promptly.

§ 72.01-35 Change of address.

Persons receiving Notices to Mariners are requested to notify the appropriate agency of any change in address, giving both old and new addresses, or when Notices to Mariners are no longer required.

(b) These Light Lists show the official name, location, characteristics and general description of all aids to navigation maintained by or under authority of the U.S. Coast Guard.

[CGFR 60-63, 25 F.R. 8949, Sept. 17, 1960, as amended by CGFR 63-48, 28 FR. 10379, Sept. 25, 1963]

§ 72.05-5 Sales agencies.

Coast Guard Light Lists are for sale by the Superintendent of Documents, Government Printing Office, Washington 25, D.C., and through his sales agents whose names are published quarterly in the Weekly Notice to Mariners. Announcements of new editions and prices are published in the Weekly Notice to Mariners each year as soon as they are available for distribution.

(Sec. 1, 42 Stat. 541, as amended, sec. 307, 47 Stat. 409; 44 U.S.C. 72, 72a)

§ 72.05-10 Free distribution.

Official copies are distributed free of charge to Federal, State, and foreign governments, municipalities, libraries and other public institutions.

(R. S. 501, as amended, sec. 5, 38 Stat. 75; 44 U.S.C. 82, 84)

(a) When an aid to navigation, fixed or floating, is damaged and can be repaired, or is damaged to the extent that the cost of repair will exceed its value (and thereby it has become a constructive total loss), or is totally destroyed, claim shall be promptly made upon the party responsible for the damage or destruction for the full cost to the Government to make repairs to the aid, or for the cost to make replacement with an identical aid or replacement with a substitute aid acceptable to the Coast Guard, and for all other costs to the Government incident to and directly caused by reason of the damage or destruction. Claim for cost of replacement with an identical or substitute aid (as prescribed in this paragraph) shall be made whether or not the aid is actually replaced, and whether or not the new aid is established at the same or different location as that of the aid being replaced. No claim shall be made for damage to aids by instrumentalities of the Federal Government.

(b) Because of advancement in engineering practices, and fluctuation of capital plant values and maintenance expenses, it is impracticable to announce an inflexible standard applicable to all situations involving repair or replacement of aids to navigation. The policy of the Government respecting such claim is that it looks to the responsible interests to reimburse the Coast Guard for all expenses which flow from or are chargeable to repair or replacement of aids. The Coast Guard does not wish to gain any pecuniary profit from these incidents; nor does it intend to assume any financial losses therefrom.

(c) The repair or replacement with an identical or substitute aid as prescribed in this subchapter may be accomplished by the responsible interests, or by con

tractors employed for that purpose by them, provided the plans for the repair or replacement are satisfactory and the delay incident thereto is acceptable to the Coast Guard.

(d) Whenever a floating aid to navigation is moved off station by a private person without being otherwise damaged, claim for the cost of replacing it on station, including vessel time, shall be made against such person.

(Sec. 4, 67 Stat. 462; 43 U.S.C. 1333) [CGFR 58-50, 24 F.R. 5608, July 11, 1959, as amended by CGFR 60-42, 25 F.R. 4961, June 4, 1960] § 74.01-5 Computation of repair or replacement costs.

(a) The cost to make repairs shall be the cost of restoring the damaged aid to operating condition acceptable to the Coast Guard. This shall include the cost of all labor, material, and overhead involved whether furnished by private contract or by the Government.

(b) The cost to make replacement shall be actual, present day cost to reproduce an identical aid or an aid having similar general characteristics and permanence satisfactory to the Coast Guard.

(c) Expense incident to and directly caused by reason of the damage or destruction of an aid to navigation shall be included as part of the total claim against the responsible party, and shall include costs of the following items, whichever are applicable:

(1) Cost of placing a replacement aid in operation on station, whether as a permanent substitute or to serve as a temporary auxiliary aid for that which was damaged or destroyed. Such cost shall be determined in accordance with Subpart 74.20 of this part.

(2) Cost of removing a replacement aid which was placed in operation on station to serve as a temporary or auxiliary aid for that which was damaged or destroyed. Such cost shall be determined in accordance with Subpart 74.20 of this part.

(3) Cost of searching for, recovering and removing or attempting to recover and remove the damaged or destroyed aid or any of its component parts which may require recovery or removal. Such costs shall be determined in accordance with Subpart 74.20 of this part.

(4) Cost or value of time consumed by Government personnel (excluding ship's complement), including such services as inspection, supervision, etc., on projects where necessary to insure that the pro

ect is being completed in accordance with prepared plans and/or contract. These costs shall include:

(1) Actual travel expenses incurred and paid to personnel from public funds; and,

(ii) Actual payroll value of time of all personnel expended upon the project, including travel time during paid status.

(5) Cost of value of time consumed by Government vessel, including ship's complement, employed by reason of and directly attributed to the damage or destruction. In the performance of this work no charge shall be made for the time and expense of Coast Guard vessels, including ship's complement, when the aid can be or is repaired or restored on station by the vessel on routine scheduled duty where only minimum interruption of that assignment occurs. If such vessel time is charged, it will be charged in accordance with the type of damaged aid which must be serviced as set forth in Subpart 74.20 of this part.

(6) Where tender work other than servicing the specific type of aid indicated in Subpart 74.20 of this part is required in connection with damaged aids, vessel time shall be an hourly charge determined by dividing the latest fiscal year cost for operating the applicable class of vessel in the district by the number of hours the vessel was operationally employed for the fiscal year. § 74.01-10 Charges invoiced to owner for marking sunken wrecks.

(a) Charges for the establishment and maintenance by the Coast Guard of an aid or aids to mark a sunken wreck shall be determined in accordance with Subpart 74.20 of this part and invoiced to the owner. Charges for the removal of any aids to navigation established by the Coast Guard shall be invoiced to the owner unless the District Engineer requests the continued marking of the sunken wreck.

(b) Charges shall be made for the cost or value of time consumed by the Government vessel, including ship's complement, employed by reason of and directly attributed to the placing of the wreck marking. In the performance of this work no charge shall be made for the time and expense of Coast Guard vessels, including ship's complement, when the aid can be or is placed on station by the vessel on routine scheduled duty where only minimum interruption of that as

signment occurs. If such vessel time is charged, it will be charged in accordance with the type of aid involved as set forth in Subpart 74.20 of this part.

(c) All charges so invoiced to the owner shall, upon collection, be deposited to miscellaneous receipts.

§ 74.01-15 Charges for placement of temporary aids.

Charges for placement of temporary aids will be reimbursable and in accordance with Subpart 74.20 of this part. Where the placement of temporary aids other than those specified is made, a reasonable equivalence will be determined, and charges made accordingly.

§ 74.01-20 Deposit of payment in special account.

Whenever an aid to navigation or other property belonging to the Coast Guard is damaged or destroyed by a private person, such person shall pay to the satisfaction of the Coast Guard the cost of repair or replacement of such property. The Coast Guard will accept and deposit such payment in a special account in the Treasury for payment therefrom of the cost of repairing or replacing the damaged property. Funds collected in excess of the cost to make repairs or replacements shall be refunded.

Subpart 74.05-Charges to Armed Forces-Other than Corps of Engi

neers

§ 74.05-1 Armed Forces.

(a) Requests and recommendations for the establishment of aids requiring considerable expenditure of funds should be made in sufficient time to permit their incorporation in Coast Guard budget requests. When these requests or recommendations require work not normally covered by or specifically included in Coast Guard appropriations, the aids will be established and maintained as soon as the requesting agency makes funds available for the purpose on a reimbursable basis (31 U.S.C. 686). Such reimbursement will be based on determinations made by the District Commander and approved by the Commandant.

(b) In minor cases, such as the temporary placement of an aid, preparation charges will be made in accordance with

Subpart 74.20 of this part when such work is clearly apart from routine operations. Charges shall not be made for vessel time nor for servicing in the case of the Armed Forces.

Subpart 74.10-Charges to Corps of Engineers

§ 74.10-1 Danger, restricted, and prohibited areas.

The Coast Guard will appropriately mark, if deemed necessary by the Coast Guard, and at the request of the cognizant District Engineer, danger, restricted and prohibited areas which have been so designated by the Secretary of the Army. Charges shall not be made by the Coast Guard for the preparation, establishment, servicing, and maintenance of such marking.

§ 74.10-5 Charges invoiced to U.S. Corps of Engineers.

Charges for the marking of sunken wrecks by the Coast Guard for the Department of the Army in accordance with § 64.05-10 of this chapter shall be invoiced to the District Engineer. Charges, including charges for vessel time shall be determined in accordance with Subpart 74.20 of this part. Such work will be undertaken on a reimbursable basis (14 U.S.C. 86).

Subpart 74.15-Charges to Federal Agencies

§ 74.15-1 Federal Agencies.

Any aid to navigation which is for the primary benefit of a Federal agency other than the Armed Forces may be established and maintained by the Coast Guard on a reimbursable basis (31 U.S.C. 686). The charge for the original establishment in the case of permanent aids shall be based on the actual cost thereof. The charge for maintenance, including servicing time, shall be in accordance with Subpart 74.20 of this part. In the case of temporary establishments the charge for both establishment and maintenance shall be in accordance with Subpart 74.20 of this part. In very minor cases charges may be waived by the Commandant to simplify administrative procedures.

Subpart 74.20-Standard Charges § 74.20-1 Table of charges.

Charges for authorized work performed under the provisions of this subchapter shall be the charge as determined from the table set forth below when performed by the Coast Guard, or the actual cost incurred by the Coast Guard when having such work performed on contract.

36-081-70-15

Subpart 76.01-Sale of Equipment § 76.01-1

Sale of equipment not readily procurable.

The Commandant is authorized to sell aids to navigation apparatus or equipment to foreign, state, or municipal governments or departments thereof; parties required to maintain private aids to navigation to mark wrecks, piers, or other obstructions; contractors engaged on public works; and in other cases in which in the judgment of the Commandant the public interest may be served: Provided, (a) Such equipment has not been reported by the Coast Guard to the General Services Administration as excess (if the equipment has been reported to the General Services Administration as excess, the Commandant will submit the request to that administration of further action); and (b), such equipment is not readily procurable in the open market. Requests to purchase such apparatus or equipment shall give sufficient reasons why the article or articles cannot be readily procured in the open market. If the Commandant considers that an article can be readily procured in the open

market the prospective purchaser will be so informed, and given the names of dealers or manufacturers. Sales shall be invoiced at cost plus 25 percent for overhead. Proceeds of such sales shall be deposited in the Treasury to the credit of the current appropriation for operating expenses, Coast Guard.

§ 76.01-5 Sale of condemned equip

ment.

When any condemned supplies, materials, or equipment cannot be profitably used in work of the Coast Guard, they will be disposed of under appropriate regulations of the General Services Administration. Applications for purchase of such materials may be submitted to the Commandant who will process them for further action under the applicable regulations.

Subpart 76.10-Federal Agencies § 76.10-1 Exemption.

Nothing in this part shall be construed to affect the regulations concerning the transfer of supplies, materials, equipment, or land between other federal agencies.