33 U.S.C. § 499

Regulations for drawbridges

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(a) Criminal penalties for violations; enforcement; rules and regulations

It shall be the duty of all persons owning, operating, and tending the drawbridges built prior to August 18, 1894, or which may thereafter be built across the navigable rivers and other waters 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 imprisonment (in the case of a natural person) for not exceeding one year, or by both such fine and imprisonment, in the discretion of the court: Provided, That the proper action to enforce the provisions of this subsection may be commenced before any magistrate judge, judge, or court of the United States, and such magistrate judge, judge, or court shall proceed in respect thereto as authorized by law in case of crimes against the United States: Provided further, That whenever, in the opinion of the Secretary of the department in which the Coast Guard is operating, the public interests require it, he may make rules and regulations 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, and any willful violation thereof shall be punished as hereinbefore provided: Provided further, That any regulations made in pursuance of this section may be enforced as provided in section 413 of this title, the provisions whereof are made applicable to the said regulations. 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.

(b) Nonstructural vessel appurtenances; unreasonable delays

No vessel owner or operator shall signal a drawbridge to open for any nonstructural vessel appurtenance which is not essential to navigation or which is easily lowered and no person shall unreasonably delay the opening of a draw 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.

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 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 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 schedulesNotwithstanding section 553 of title 5, whenever a temporary change to the operating schedule 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 Secretary 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 general 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 department 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 movementsThe 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 drawbridge movement is in accordance with the posted operating schedule;(3) shall review whether deviations from the posted operating schedule are impairing vehicular 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) LogbooksAn 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 logbook—(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 navigation;(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 observable; and(ix) all maintenance openings, malfunctions, 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 department in which the Coast Guard is operating, a drawbridge operator shall submit to the Secretary the logbook required under paragraph (1) as the Secretary considers necessary to carry out this section.

(4) Exemption

The requirements under paragraph (1) shall be exempt from sections 3501 to 3521 of title 44.

(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 NotesCodification

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 regulations 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 applicable 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 department 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 thereafter” 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 “Secretary of Transportation” for “Secretary of War” wherever appearing. See Transfer of Functions note below.

1982—Subsec. (a). Pub. L. 97–322, § 108(a)(1)–(4), designated 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 second proviso provided for punishment of “willful” violation of rules and regulations.

Subsecs. (b), (c). Pub. L. 97–322, § 108(a)(5), added subsecs. (b) and (c).

Statutory Notes and Related SubsidiariesChange of Name

“Magistrate judge” substituted in text for “magistrate” 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” substituted 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 operating 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).

Notes of Decisions

Cited in 20 cases, 1935–1996 · leading case: Edgar Freimanis v. Sea-Land Serv., Inc. & Dep't of Highways of the State of Louisiana, 654 F.2d 1155 (5th Cir. 1981).

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Edgar Freimanis v. Sea-Land Serv., Inc. & Dep't of Highways of the State of Louisiana, 654 F.2d 1155 (5th Cir. 1981). “A section of the International Waterways Act, 33 U.S.C. § 499 , establishes a duty for operators of drawbridges to open them for vessels.”

United States v. Sabine Towing & Transp. Co., 289 F. Supp. 250 (E.D. La. 1968). · cites it 2× “er the provisions of sections 491-498 of this title, shall at any time unreasonably obstruct the free navigation of the waters over which it is constructed * * * If the bridge shall be constructed with a draw, then the draw shall be opened promptly by the persons owning or…”

Channel Star Excursions, Inc. v. S. Pac. Transp. Co., a Corp., 77 F.3d 1135 (9th Cir. 1996). “33 U.S.C. § 499 . Channel Star argues that the Act also provides an implied private claim to those aggrieved by willful or negligent failure to open a drawbridge.”

Pennsylvania R.R. Co. v. SS Marie Leonhardt, 202 F. Supp. 368 (E.D. Pa. 1962). “Promulgated by the Army Corps of Engineers pursuant to authority delegated to the Secretary of the Army in 33 U.S. C.A. § 499. This same statutory provision provides that these regulations “shall have the force of law”.”

Adams v. Harris Cnty., Texas, 316 F. Supp. 938 (S.D. Tex. 1970). “See 33 U.S.C. § 499 . In view of these and various other measures taken by Congress to insure unobstructed *947 navigation of the navigable waters of the United States, Harris County has undertaken to operate in territory where the dictates of Congress reign supreme.”

Conners Marine Co. v. New York & Long Branch R. Co., 87 F. Supp. 132 (D.N.J. 1950). “-210, promulgated by the Secretary of War pursuant to section 9 of the Act, 33 U.S.C.A. § 499 , provide that: *135 “When a vessel approaches within signaling distance of a bridge for passage, the master thereof shall signify his intention by three blasts of a whistle or horn.”

Pilot River Transp., Inc., Upper River Servs., Inc., & Wausau Ins. Companies v. Chicago & North W. Transp. Co., 912 F.2d 967 (8th Cir. 1990). “33 U.S.C. § 499 provides: It shall be the duty of all persons owning, operating, and tending the drawbridges .”

In re Kinsman Transit Co., 338 F.2d 708 (2d Cir. 1964). “362 (1894), as amended, 33 U.S.C. § 499 , makes it “the duty of all persons owning, operating, and tending the drawbridges * * * across the navigable rivers and other waters of the United States, to open, or cause to be opened, the draws of such bridges under such rules and…”

Florida East Coast Ry. Co. v. Revilo Corp., 637 F.2d 1060 (5th Cir. 1981). “33 U.S.C. § 499 provides, in pertinent part: It shall be the duty of all persons owning, operating, and tending the drawbridges built across the navigable rivers and other waters of the United States, to open, or cause to be opened, the draws of such bridges under such rules and…”

NM Paterson & Sons, Ltd. v. City of Chicago, 209 F. Supp. 576 (N.D. Ill. 1962). · cites it 2× “§ 241 relating to navagation of the Great Lakes and waters tributary thereto; (b) by the Secretary of the Army under authority of 33 U.S.C.A. § 499 relating to the operation of drawbridges over navigable waters and the passage of vessels under such drawbridges; and (c)…”

N. M. Paterson & Sons, Ltd. v. City of Chicago, 324 F.2d 254 (7th Cir. 1963). “A regulation of the Secretary of the Army promulgated under 33 U.S.C.A. § 499 , applicable to navigation through the Chicago River bridges, provides: “(e) (2) If from any cause the bridge tender cannot open the bridge, he shall immediately notify the vessel by waiving a red flag…”

United States v. Vill. of Little Chute, Wisconsin & Paul Kostka, President of the Vill., 248 F.2d 228 (7th Cir. 1957). “362 , 33 U.S.C.A. § 499 ; 33 C.F.R. 209.310. Since we hold that the 1926 judgment was not res judicata against the United States, and that the question of preexistence of the road is not determinative of the issue in this case, the remaining questions relating to the trial…”

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