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33 C.F.R. § 114.01   Purpose.

Title 33 - Navigation and Navigable Waters

Title 33: Navigation and Navigable Waters
PART 114—GENERAL

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§ 114.01   Purpose.

(a) The purpose of the rules and regulations in this subchapter is to implement certain laws and set forth the requirements for:

(1) Locations and clearances of bridges and causeways over the navigable waters (33 U.S.C. 401, 491 to 507, and 525 to 534).

(2) Administration of the alteration of unreasonably obstructive bridges (33 U.S.C. 511 to 524).

(3) Regulation of drawbridge operation (33 U.S.C. 499).

(b) The rules and regulations in this subchapter also describe the procedures and practices, including forms and instructions, which are applicable to the public subject to certain laws governing bridges and causeways over the navigable waters of the United States.

(c) Subsection 6(g) of the Department of Transportation Act (Sec. 6(g), 80 Stat. 937, 49 U.S.C. 1655(g)) transferred and vested in the Secretary of Transportation all functions, powers and duties of the Secretary of the Army and other officers and offices of the Department of the Army under specified laws. The Secretary of Transportation by 49 CFR 1.45(b) and 1.46(c) (5), (6), (8), (9), and (10) delegated to the Commandant, U.S. Coast Guard, with the authority to redelegate within the Coast Guard, the authority to exercise the functions, powers, and duties of the Secretary with respect to the following provisions of law:

(1) Section 5 of the Act of August 18, 1894, as amended (28 Stat. 362; 33 U.S.C. 499), regarding drawbridge operation regulations.

(2) The Act of June 21, 1940, as amended (54 Stat. 497; 33 U.S.C. 511 et seq.), regarding unreasonably obstructive bridges.

(3) Section 9 of the Act of March 3, 1899, as amended (30 Stat. 1151; 33 U.S.C. 401), regarding construction of bridges, causeways, etc., to the extent that it relates generally to the location and clearances of bridges and causeways in the navigable waters of the United States.

(4) The Act of March 23, 1906, as amended (34 Stat. 84; 33 U.S.C. 491 et seq.), regarding general bridge authority to the extent that it relates generally to the location and clearances of bridges and causeways in the navigable waters of the United States.

(5) The General Bridge Act of 1946, as amended (60 Stat. 847; 33 U.S.C. 525 et seq.), to the extent that it relates generally to the location and clearances of bridges and causeways in the navigable waters of the United States.

(6) Section 5 of the International Bridge Act of 1972 (86 Stat. 732; 33 U.S.C. 535c).

(d) The Commandant has delegated within the Coast Guard authority for the issuance of drawbridge operation regulations and permits for the construction, reconstruction, or alteration of bridges across navigable waters of the United States. These delegations may be found in §§1.05–1 and 1.01–60 of this Chapter.

[CGFR 67–46, 32 FR 17769, Dec. 12, 1967, as amended by CGFR 70–115, 35 FR 15923, Oct. 9, 1970; CGFR 71–95, 36 FR 19160, Sept. 30, 1971; CGD 80–099, 46 FR 38353, July 27, 1981; 46 FR 42268, Aug. 20, 1981; CGD 82–006, 47 FR 36640, Aug. 23, 1982; CGD 96–026, 61 FR 33663, June 28, 1996]

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