N.Y. Comp. Codes R. & Regs. tit. 9 § 448.5

Current through Register Vol. 46, No. 50, December 11, 2024

Section 448.5 - Special markers

(a) Permits. The commissioner may authorize the placing of special markers in the navigable waters of the State through the issuance of revocable permits as provided in section 448.4 of this Part.

(b) General specifications. All special markers shall conform to the following general specifications:

(1) Shape. Can, at least one and one-half feet from waterline to top of buoy if floating, if fixed on a stanchion, the can must be at least one foot in length and diameter and the bottom of the can shall be not less than three feet above the waterline.

(2) Color. Upper one fourth of the marker and the lower one fourth of the marker shall be international orange in color. The bottom stripe of orange shall show at least three inches above the waterline. The center section shall be white.

(3) Lighting. Fixed white lights may be installed and shall conform to light characteristics as specified by the commissioner depending upon the location of the marker and other factors. Unlighted markers shall be equipped with orange reflective material on the uppermost part of the aid. The type and extent of reflective material must be approved by the commissioner.

(4) Numbering. A letter of the alphabet or a combination of letters may be used to identify the location of a special marker on a chart. Such letter or combination of letters may be placed on the white section of the buoy.

(5) Construction. Types of construction shall be approved on an individual basis considering the location of the marker and other factors. However, all floating markers shall be of light materials which are entirely self buoyant.

(6) Symbol specifications. All symbols shall be in the center of the white section, equally spaced, on not less than two sides of the marker. The symbol shall cover an area of at least three-fourths of the height of the white section. The symbol shall be at least one inch thick and international orange in color. All lettering on the marker shall be black in color and in block form, running horizontally and shall be of good proportion in relation to the size of the symbol.

(c) Symbol significance.

(1)

(i) A diamond shall be used to warn of possible danger to the boater or to others. The word "DANGER" may be placed on the marker to further define its significance

(ii) Alternatively, a diamond with cross shall be used to mark bathing areas or to otherwise prohibit the entry of boats to any area. Words may be placed on the marker to further define its significance and such words shall be specified by the commissioner depending upon the location and use of the marker.

(2) Circle. Shall be used to indicate the existence of regulation, control or zoning which is authorized by law or duly promulgated rules and regulations. Words may be placed within the symbol to further define its significance and such words shall be specified by the commissioner depending upon the location and use of the marker.

(3) Rectangle or square. Shall be used to convey useful information which has no navigational significance or bearing upon the regulation or control of boats. Words may be placed within the symbol to further define its significance and such words shall be specified by the commissioner depending upon the location and use of the marker.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 448.5