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33 U.S.C. § 494 — Obstruction of navigation; alterations and removals; lights and signals; draws
Federal law — U.S. Code and appendices · legal_authorities
No bridge erected or maintained under the provisions of sections 491 to 494 and 495 to 498 of this title, shall at any time unreasonably obstruct the free navigation of the waters over which it is constructed, and if any bridge erected in accordance with the provisions of said sections, shall, in the opinion of the Secretary of the department in which the Coast Guard is operating at any time unreasonably obstruct such navigation, either on account of insufficient height, width of span, or otherwise, or if there be difficulty in passing the draw opening or the drawspan of such bridge by rafts, steamboats, or other water craft, it shall be the duty of the Secretary of the department in which the Coast Guard is operating after giving the parties interested reasonable opportunity to be heard, to notify the persons owning or controlling such bridge to so alter the same as to render navigation through or under it reasonably free, easy, and unobstructed, stating in such notice the changes required to be made, and prescribing in each case a reasonable time in which to make such changes, and if at the end of the time so specified the changes so required have not been made, the persons owning or controlling such bridge shall be deemed guilty of a violation of said sections; and all such alterations shall be made and all such obstructions shall be removed at the expense of the persons owning or operating said bridge. The persons owning or operating any such bridge shall maintain, at their own expense, such lights and other signals thereon as the Commandant of the Coast Guard shall prescribe. If the bridge shall be constructed with a draw, then the draw shall be opened promptly by the persons owning or operating such bridge upon reasonable signal for the passage of boats and other
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Source file: Laws/federal/codes/united-states-code/title-33/section-494-obstruction-of-navigation-alterations-and-removals-lights-and-signals-dr--395a1cc313.md
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Source location: Title 33, Chapter 11, § 494; chapter-011-bridges-over-navigable-waters.md
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No bridge erected or maintained under the provisions of sections 491 to 494 and 495 to 498 of this title, shall at any time unreasonably obstruct the free navigation of the waters over which it is constructed, and if any bridge erected in accordance with the provisions of said sections, shall, in the opinion of the Secretary of the department in which the Coast Guard is operating at any time unreasonably obstruct such navigation, either on account of insufficient height, width of span, or otherwise, or if there be difficulty in passing the draw opening or the drawspan of such bridge by rafts, steamboats, or other water craft, it shall be the duty of the Secretary of the department in which the Coast Guard is operating after giving the parties interested reasonable opportunity to be heard, to notify the persons owning or controlling such bridge to so alter the same as to render navigation through or under it reasonably free, easy, and unobstructed, stating in such notice the changes required to be made, and prescribing in each case a reasonable time in which to make such changes, and if at the end of the time so specified the changes so required have not been made, the persons owning or controlling such bridge shall be deemed guilty of a violation of said sections; and all such alterations shall be made and all such obstructions shall be removed at the expense of the persons owning or operating said bridge. The persons owning or operating any such bridge shall maintain, at their own expense, such lights and other signals thereon as the Commandant of the Coast Guard shall prescribe. If the bridge shall be constructed with a draw, then the draw shall be opened promptly by the persons owning or operating such bridge upon reasonable signal for the passage of boats and other water craft.
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Criminal penalties for violation; misdemeanor; fine; new offenses; jurisdiction: suits for recovery of removal expenses, enforcement of removal, and obstruction-to-navigation causes or questions** Any persons who shall willfully fail or refuse to comply with the lawful order of the Secretary of the department in which the Coast Guard is operating or the Chief of Engineers, made in accordance with the provisions of sections 491 to 494 and 495 to 498 of this title, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished in any court of competent jurisdiction by a fine not exceeding $5,000, and every month such persons shall remain in default shall be deemed a new offense and subject such persons to additional penalties therefor; and in addition to the penalties above described the Secretary of the department in which the Coast Guard is operating and the Chief of Engineers may, upon refusal of the persons owning or controlling any such bridge and accessory works to comply with any lawful order issued by the Secretary of the department in which the Coast Guard is operating or Chief of Engineers in regard thereto, cause the removal of such bridge and accessory works at the expense of the persons owning or controlling such bridge, and suit for such expense may be brought in the name of the United States against such persons, and recovery had for such expense in any court of competent jurisdiction; and the removal of any structures erected or maintained in violation of the provisions of said sections or the order or direction of the Secretary of the department in which the Coast Guard is operating or Chief of Engineers made in pursuance thereof may be enforced by injunction, mandamus, or other summary process, upon application to the district
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 495
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act June 27, 1930, ch. 640, § 1, 46 Stat. 821, provided that, in case of any bridge authorized prior to Mar. 23, 1906, by Act of Congress, where Congress has specifically reserved the right to alter, amend, or repeal such Act, regulation of all tolls be subject to sections 491 to 494 and 495 to 498 of this title.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 498b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Pipeline and Hazardous Materials Safety Administration shall be an administration in the Department of Transportation.
**(b) Safety as Highest Priority.—** In carrying out its duties, the Administration shall consider the assignment and maintenance of safety as the highest priority, recognizing the clear intent, encouragement, and dedication of Congress to the furtherance of the highest degree of safety in pipeline transportation and hazardous materials transportation.
**(c) Administrator.—** The head of the Administration shall be the Administrator who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be an individual with professional experience in pipeline safety, hazardous materials safety, or other transportation safety. The Administrator shall report directly to the Secretary of Transportation.
**(d) Deputy Administrator.—** The Administration shall have a Deputy Administrator who shall be appointed by the Secretary. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator.
**(e) Chief Safety Officer.—** The Administration shall have an Assistant Administrator for Pipeline and Hazardous Materials Safety appointed in the competitive service by the Secretary. The Assistant Administrator shall be the Chief Safety Officer of the Administration. The Assistant Administrator shall carry out the duties and powers prescribed by the Administrator.
**(f) Duties and Powers of the Administrator.—** The Administrator shall carry out—
(1) duties and powers related to pipeline and hazardous materials transportation and safety vested in the Secretary by chapters 51, 57, 61, 601, and 603; and
(2) other duties and powers prescribed by the Secretary.
**(g) Limitation.—**
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Criminal penalties for violation; alteration or removal requirements; notice and hearing; specification of changes; time for compliance; notice to United States attorney; misdemeanor; fine; new offenses** Whenever the Secretary of the department in which the Coast Guard is operating shall have good reason to believe that any railroad or other bridge over any of the navigable waterways of the United States is an unreasonable obstruction to the free navigation of such waters on account of insufficient height, width of span, or otherwise, or where there is difficulty in passing the draw opening or the draw span of such bridge by rafts, steamboats, or other water craft, it shall be the duty of the said Secretary, first giving the parties reasonable opportunity to be heard, to give notice to the persons or corporations owning or controlling such bridge so to alter the same as to render navigation through or under it reasonably free, easy, and unobstructed; and in giving such notice he shall specify the changes that are required to be made, and shall prescribe in each case a reasonable time in which to make them. If at the end of such time the alteration has not been made, the Secretary of the department in which the Coast Guard is operating shall forthwith notify the United States attorney for the district in which such bridge is situated, to the end that the criminal proceedings hereinafter in this section mentioned may be taken. If the persons, corporation, or association owning or controlling any railroad or other bridge shall, after receiving notice to that effect, as hereinbefore required, from the Secretary of the department in which the Coast Guard is operating and within the time prescribed by him willfully fail or refuse to remove the same or to comply with th
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 502
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Federal law — U.S. Code and appendices · legal_authorities
The first sentence of [section 494 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section494&num=0&edition=prelim), and [section 502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section502&num=0&edition=prelim), shall be inapplicable with respect to any bridge to which the provisions of this subchapter are applicable.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 522
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Federal law — U.S. Code and appendices · legal_authorities
Page 101
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 494
fications and the location of such bridge and ac-
cessory works; and when the plans for any
bridge to be constructed under the provisions of
sections 491 to 494 and 495 to 498 of this title,
have been approved by the Secretary it shall not
be lawful to deviate from such plans, either be-
fore or after completion of the structure, unless
the modification of such plans has previously
been submitted to and received the approval of
the Secretary. This section shall not apply to
any bridge over waters which are not subject to
the ebb and flow of the tide and which are not
used and are not susceptible to use in their nat-
ural condition or by reasonable improvement as
a means to transport interstate or foreign com-
merce.
(Mar. 23, 1906, ch. 1130, § 1, 34 Stat. 84; Pub. L.
97–322, title I, § 107(c), Oct. 15, 1982, 96 Stat. 1582;
Pub. L. 97–449, § 2(d)(1), Jan. 12, 1983, 96 Stat.
2440; Pub. L. 98–557, § 17(g)(1), Oct. 30, 1984, 98
Stat. 2869; Pub. L. 114–120, title III, § 306(b)(2)(A),
Feb. 8, 2016, 130 Stat. 55.)
Editorial Notes
AMENDMENTS
2016—Pub. L. 114–120 substituted ‘‘Secretary of the de-
partment in which the Coast Guard is operating’’ for
‘‘Secretary of Transportation’’.
1984—Pub. L. 98–557 substituted ‘‘for the Secretary’s
approval, nor until the Secretary’’ for ‘‘and Chief of En-
gineers for their approval, nor until they’’ and struck
out ‘‘by the Chief of Engineers and’’ after ‘‘have been
approved’’, ‘‘of the Chief of Engineers and’’ after ‘‘re-
ceived the approval’’, and ‘‘of Transportation’’ after
‘‘by the Secretary’’ and after ‘‘of the Secretary’’.
1983—Pub. L. 97–449 substituted ‘‘Secretary of Trans-
portation’’ for ‘‘Secretary of War’’ wherever appearing.
See Transfer of Functio
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 494
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