33 U.S.C. § 499 — Regulations for drawbridges

Page 104 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 496 1982—Subsec. (a). Pub. L. 97–322, § 108(c)(1)–(3), des- ignated existing provisions as subsec. (a), provided for punishment of persons who shall ‘‘willfully’’ fail to comply with lawful orders, and struck out ‘‘shall be deemed guilty of a violation of said sections, and any persons who shall be guilty of a violation of said sec- tions’’ before ‘‘shall be deemed guilty of a mis- demeanor’’. Subsec. (b). Pub. L. 97–322, § 108(c)(4), added subsec. (b). Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of the Army [formerly War] and other offices and officers of Department the Army [formerly War] under this sec- tion to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89–670, § 6(g)(6)(B), Oct. 15, 1966, 80 Stat. 941. Pub. L. 97–449 amended this section to reflect transfer made by sec- tion 6(g)(6)(B) of Pub. L. 89–670, and repealed section 6(g)(6)(B). § 496. Time for commencement and completion of bridge Whenever Congress shall after March 23, 1906, by law authorize the construction of any bridge over or across any of the navigable waters of the United States, and no time for the commence- ment and completion of such bridge is named in said Act, the authority thereby granted shall cease and be null and void unless the actual con- struction of the bridge authorized in such Act be commenced within one year and completed within three years from the date of the passage of such Act. (Mar. 23, 1906, ch. 1130, § 6, 34 Stat. 86.) § 497. ‘‘Persons’’ defined The word ‘‘persons’’ as used in sections 491 to 494 and 495 to 498 of this title, shall be construed to import both the singular and the plural, as the case demands, and shall include municipali- ties, quasi-municipal corporations, corporations, companies, and associations. (Mar. 23, 1906, ch. 1130, § 7, 34 Stat. 86.) § 498. Reservation of right to alter or repeal The right to alter, amend, or repeal sections 491 to 494 and 495 to 498 of this title, is expressly reserved as to any and all bridges which may be built in accordance with the provisions of said sections, and the United States shall incur no li- ability for the alteration, amendment, or repeal thereof to the owner or owners or any other per- sons interested in any bridge which shall have been constructed in accordance with its provi- sions. (Mar. 23, 1906, ch. 1130, § 8, 34 Stat. 86.) § 498a. Repealed. Pub. L. 100–17, title I, § 135(b), Apr. 2, 1987, 101 Stat. 174 Section, act June 10, 1930, ch. 441, § 17, 46 Stat. 552, provided that, in the case of bridges authorized prior to June 10, 1930, by Acts of Congress, where Congress has specifically reserved the right to regulate tolls, such bridges, with respect to regulation of all tolls, be sub- ject to sections 491 to 494 and 495 to 498 of this title. § 498b. Repealed. Pub. L. 100–17, title I, § 135(c), Apr. 2, 1987, 101 Stat. 174 Section, act June 27, 1930, ch. 640, § 1, 46 Stat. 821, pro- vided 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 re- peal such Act, regulation of all tolls be subject to sec- tions 491 to 494 and 495 to 498 of this title. § 499. Regulations for drawbridges (a) Criminal penalties for violations; enforce- ment; rules and regulations It shall be the duty of all persons owning, op- erating, and tending the drawbridges built prior to August 18, 1894, or which may thereafter be built across the navigable rivers and other wa- ters of the United States, to open, or cause to be opened, the draws of such bridges under such rules and regulations as in the opinion of the Secretary of the department in which the Coast Guard is operating the public interests require to govern the opening of drawbridges for the passage of vessels and other water crafts, and such rules and regulations, when so made and published, shall have the force of law. Every such person who shall willfully fail or refuse to open, or cause to be opened, the draw of any such bridge for the passage of a boat or boats, as provided in such regulations, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than $2,000 nor less than $1,000, or by imprison- ment (in the case of a natural person) for not ex- ceeding one year, or by both such fine and im- prisonment, in the discretion of the court: Pro- vided, That the proper action to enforce the pro- visions of this subsection may be commenced be- fore any magistrate judge, judge, or court of the United States, and such magistrate judge, judge, or court shall proceed in respect thereto as au- thorized by law in case of crimes against the United States: Provided further, That whenever, in the opinion of the Secretary of the depart- ment in which the Coast Guard is operating, the public interests require it, he may make rules and regulations to govern the opening of draw- bridges for the passage of vessels and other water crafts, and such rules and regulations, when so made and published, shall have the force of law, and any willful violation thereof shall be punished as hereinbefore provided: Pro- vided further, That any regulations made in pur- suance of this section may be enforced as pro- vided in section 413 of this title, the provisions whereof are made applicable to the said regula- tions. Any rules and regulations made in pursu- ance of this section shall, to the extent practical and feasible, provide for regularly scheduled openings of drawbridges during seasons of the year, and during times of the day, when sched- uled openings would help reduce motor vehicle traffic delays and congestion on roads and high- ways linked by drawbridges. (b) Nonstructural vessel appurtenances; unrea- sonable delays No vessel owner or operator shall signal a drawbridge to open for any nonstructural vessel appurtenance which is not essential to naviga- tion or which is easily lowered and no person shall unreasonably delay the opening of a draw Page 105 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 499 after the signal required by rules or regulations under this section has been given. The Secretary of the department in which the Coast Guard is operating shall issue rules and regulations to implement this subsection. (c) Civil penalties for violation; notice and hear- ing; assessment, collection, and remission; civil actions Whoever violates any rule or regulation issued under subsection (a) or (b), shall be liable to a civil penalty of not more than $5,000 for a viola- tion occurring in 2004; $10,000 for a violation oc- curring in 2005; $15,000 for a violation occurring in 2006; $20,000 for a violation occurring in 2007; and $25,000 for a violation occurring in 2008 and any year thereafter. No penalty may be assessed under this subsection until the person charged is given notice and an opportunity for a hearing on the charge. The Secretary of the department in which the Coast Guard is operating may assess and collect any civil penalty incurred under this subsection and, in his discretion, may remit, mitigate, or compromise any penalty until the matter is referred to the Attorney General. If a person against whom a civil penalty is assessed under this subsection fails to pay that penalty, an action may be commenced in the district court of the United States for any district in which the violation occurs for such penalty. (d) Temporary changes to drawbridge operating schedules Notwithstanding section 553 of title 5, when- ever a temporary change to the operating sched- ule of a drawbridge, lasting 180 days or less— (1) is approved— (A) the Secretary of the department in which the Coast Guard is operating shall— (i) issue a deviation approval letter to the bridge owner; and (ii) announce the temporary change in— (I) the Local Notice to Mariners; (II) a broadcast notice to mariners and through radio stations; or (III) such other local media as the Sec- retary considers appropriate; and (B) the bridge owner, except a railroad bridge owner, shall notify— (i) the public by publishing notice of the temporary change in a newspaper of gen- eral circulation published in the place where the bridge is located; (ii) the department, agency, or office of transportation with jurisdiction over the roadway that abuts the approaches to the bridge; and (iii) the law enforcement organization with jurisdiction over the roadway that abuts the approaches to the bridge; or (2) is denied, the Secretary of the depart- ment in which the Coast Guard is operating shall— (A) not later than 10 days after the date of receipt of the request, provide the bridge owner in writing the reasons for the denial, including any supporting data and evidence used to make the determination; and (B) provide the bridge owner a reasonable opportunity to address each reason for the denial and resubmit the request. (e) Drawbridge movements The Secretary of the department in which the Coast Guard is operating— (1) shall require a drawbridge operator to record each movement of the drawbridge in a logbook; (2) may inspect the logbook to ensure draw- bridge movement is in accordance with the posted operating schedule; (3) shall review whether deviations from the posted operating schedule are impairing vehic- ular and pedestrian traffic; and (4) may determine if the operating schedule should be adjusted for efficiency of maritime or vehicular and pedestrian traffic. (f) Requirements (1) Logbooks An operator of a drawbridge built across a navigable river or other water of the United States— (A) that opens the draw of such bridge for the passage of a vessel, shall record in a log- book— (i) the bridge identification and date of each opening; (ii) the bridge tender or operator for each opening; (iii) each time it is opened for naviga- tion; (iv) each time it is closed for navigation; (v) the number and direction of vessels passing through during each opening; (vi) the types of vessels passing through during each opening; (vii) an estimated or known size (height, length, and beam) of the largest vessel passing through during each opening; (viii) for each vessel, the vessel name and registration number if easily observ- able; and (ix) all maintenance openings, malfunc- tions, or other comments; and (B) that remains open to navigation but closes to allow for trains to cross, shall record in a logbook— (i) the bridge identification and date of each opening and closing; (ii) the bridge tender or operator; (iii) each time it is opened to navigation; (iv) each time it is closed to navigation; and (v) all maintenance openings, closings, malfunctions, or other comments. (2) Maintenance of logbooks A drawbridge operator shall maintain logbooks required under paragraph (1) for not less than 5 years. (3) Submission of logbooks At the request of the Secretary of the de- partment in which the Coast Guard is oper- ating, a drawbridge operator shall submit to the Secretary the logbook required under paragraph (1) as the Secretary considers nec- essary to carry out this section. (4) Exemption The requirements under paragraph (1) shall be exempt from sections 3501 to 3521 of title 44. Page 106 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 500 (Aug. 18, 1894, ch. 299, § 5, 28 Stat. 362; June 13, 1902, ch. 1079, § 6, 32 Stat. 374; Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 97–322, title I, § 108(a), Oct. 15, 1982, 96 Stat. 1582; Pub. L. 97–449, § 2(d)(1), Jan. 12, 1983, 96 Stat. 2440; Pub. L. 100–448, § 21, Sept. 28, 1988, 102 Stat. 1846; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 108–293, title VI, § 601(b), Aug. 9, 2004, 118 Stat. 1050; Pub. L. 114–120, title III, § 306(b)(3), Feb. 8, 2016, 130 Stat. 55; Pub. L. 115–282, title VIII, § 832, Dec. 4, 2018, 132 Stat. 4316.) Editorial Notes CODIFICATION The last proviso of subsec. (a) of this section was from a part of section 6 of act June 13, 1902, which reads as follows: ‘‘Any regulations heretofore or hereafter prescribed by the Secretary of War in pursuance of the fourth and fifth sections of the river and harbor Act of August eighteenth, eighteen hundred and ninety-four [this section and section 1 of this title], and any regula- tions hereafter prescribed in pursuance of the aforesaid section four as amended by section eleven of this Act [section 1 of this title], may be enforced as provided in section seventeen of the river and harbor Act of March third, eighteen hundred and ninety-nine [section 413 of this title], the provisions whereof are hereby made ap- plicable to the said regulations.’’ The last paragraph of section 1 of this title is also from a part of section 6 of act June 13, 1902. Except for the last proviso of subsec. (a), this section was from act Aug. 18, 1894. AMENDMENTS 2018—Subsecs. (d) to (f). Pub. L. 115–282 added subsecs. (d) to (f). 2016—Pub. L. 114–120 substituted ‘‘Secretary of the de- partment in which the Coast Guard is operating’’ for ‘‘Secretary of Transportation’’ wherever appearing. 2004—Subsec. (c). Pub. L. 108–293 substituted ‘‘$5,000 for a violation occurring in 2004; $10,000 for a violation occurring in 2005; $15,000 for a violation occurring in 2006; $20,000 for a violation occurring in 2007; and $25,000 for a violation occurring in 2008 and any year there- after’’ for ‘‘$1,000’’. 1988—Subsec. (a). Pub. L. 100–448 inserted at end ‘‘Any rules and regulations made in pursuance of this section shall, to the extent practical and feasible, provide for regularly scheduled openings of drawbridges during seasons of the year, and during times of the day, when scheduled openings would help reduce motor vehicle traffic delays and congestion on roads and highways linked by drawbridges.’’ 1983—Subsec. (a). Pub. L. 97–449 substituted ‘‘Sec- retary of Transportation’’ for ‘‘Secretary of War’’ wher- ever appearing. See Transfer of Functions note below. 1982—Subsec. (a). Pub. L. 97–322, § 108(a)(1)–(4), des- ignated existing provisions as subsec. (a); struck out from second sentence after ‘‘boats,’’ the clause ‘‘or who shall unreasonably delay the opening of said draw after reasonable signal shall have been given,’’; substituted in first proviso ‘‘subsection’’ for ‘‘section’’; and in sec- ond proviso provided for punishment of ‘‘willful’’ viola- tion of rules and regulations. Subsecs. (b), (c). Pub. L. 97–322, § 108(a)(5), added sub- secs. (b) and (c). Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Magistrate judge’’ substituted in text for ‘‘mag- istrate’’ pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, ‘‘magistrate’’ sub- stituted for ‘‘commissioner’’ pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28. TRANSFER OF FUNCTIONS Section 6(g)(2) of Pub. L. 89–670 transferred functions, powers, and duties of Secretary of the Army [formerly War] and other officers and offices of Department of the Army [formerly War] relating to drawbridge oper- ating regulations under this section to Secretary of Transportation. Pub. L. 97–449 amended this section to reflect transfer made by section 6(g)(2) of Pub. L. 89–670, and repealed section 6(g)(2). § 500. Deflection of current; liability to riparian owners Whenever complaint shall be made to the Sec- retary of the Army that by reason of the placing in any navigable waters of the United States of any bridge pier or abutment, the current of such waters has been so deflected from its natural course as to cause by producing caving of banks or otherwise serious damage or danger to prop- erty, it shall be his duty to make inquiry, and if it shall be ascertained that the complaint is well founded, he shall cause the owners or persons operating such bridge to repair such damage or prevent such danger to property by such means as he shall indicate and within such time as he may name, and in default thereof the owners or persons operating such bridge shall be liable in any court of competent jurisdiction to the per- sons injured in a sum double the amount of said injury: Provided, however, That nothing herein contained shall be construed so as to affect any rights of action which may have existed prior to August 11, 1888. (Aug. 11, 1888, ch. 860, § 2, 25 Stat. 423; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat 501.) Editorial Notes CODIFICATION Section was from the River and Harbor Appropriation Act of 1888. Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Sec- retary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued Department of the Army under ad- ministrative supervision of Secretary of the Army. TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under sections 491 to 494 and 495 to 498 of this title to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89–670, § 6(g)(6)(B), Oct. 15, 1966, 80 Stat. 931. Pub. L. 97–449 amended sections 491 to 494 and 495 to 498 of this title to reflect transfer made by section 6(g)(6)(B) of Pub. L. 89–670, and repealed section 6(g)(6)(B). § 501. Omitted Editorial Notes CODIFICATION Section, R.S. § 5250, gave assent of Congress to con- struction of bridges across the Maquoketa River in Iowa.