33 C.F.R. Subpart A—General Requirements
Title 33 - Navigation and Navigable Waters
This subpart prescribes general requirements relating to the use and operation of drawbridges across the navigable waters of the United States. Note: The primary jurisdiction to regulate drawbridges across the navigable waters of the United States is vested in the Federal Government. Laws, ordinances, regulations, and rules which purport to regulate these bridges and which are not promulgated by the Federal Government have no force and effect.
Title 33: Navigation and Navigable Waters
PART 117—DRAWBRIDGE OPERATION REGULATIONS
Subpart A—General Requirements
§ 117.1 Purpose.
§ 117.3 Applicability.
The provisions of this subpart not in conflict with the provisions of Subpart B apply to each drawbridge.
Note: For all of the requirements applicable to a drawbridge listed in Subpart B, one must review the requirements in Subpart A and §§117.51 through 117.99 of Subpart B, as well as the requirements in Subpart B applicable to the particular drawbridge in question.
§ 117.4 Definitions.
Certain terms used in this part are defined in this section.
Appurtenance. The term “appurtenance” means an attachment or accessory extending beyond the hull or superstructure that is not an integral part of the vessel and is not needed for a vessel's piloting, propelling, controlling, or collision avoidance capabilities.
Lowerable. The term “lowerable” means the nonstructural vessel appurtenance can be mechanically or manually lowered and raised again. The term “lowerable” also applies to a nonstructural vessel appurtenance which can be modified to make the item flexible, hinged, collapsible, or telescopic such that it can be mechanically or manually lowered and raised again. Failure to make the modification is considered equivalent to refusing to lower a lowerable nonstructural appurtenance that is not essential to navigation. Examples of appurtenances which are considered to be lowerable include, but are not limited to, fishing outriggers, radio antennae, television antennae, false stacks, and masts purely for ornamental purposes. Examples of appurtenances which are not considered to be lowerable include, but are not limited to, radar antennae, flying bridges, sailboat masts, piledriver leads, spud frames on hydraulic dredges, drilling derricks' substructures and buildings, cranes on drilling or construction vessels, or other items of permanent and fixed equipment.
Nonstructural. The term “nonstructural” means that the item is not rigidly fixed to the vessel and is thus susceptible to relocation or alteration.
Not essential to navigation. The term “not essential to navigation” means the nonstructural vessel appurtenance does not adversely affect the vessel's piloting, propulsion, control, or collision avoidance capabilities when in the lowered position.
[CGD 91–059, 59 FR 16563, Apr. 7, 1994]
§ 117.5 When the draw shall open.
Except as otherwise required by this subpart, drawbridges shall open promptly and fully for the passage of vessels when a request to open is given in accordance with this subpart.
Editorial Note: For
§ 117.7 General duties of drawbridge owners and tenders.
(a) Drawbridge owners and tenders shall operate the draw in accordance with the requirement in this part.
(b) Except for drawbridges not required to open for the passage of vessels, owners of drawbridges shall ensure that:
(1) The necessary drawtenders are provided for the safe and prompt opening of the draw;
(2) The operating machinery of the draw is maintained in a serviceable condition; and.
(3) The draws are operated at sufficient intervals to assure their satisfactory operation.
§ 117.9 Delaying opening of a draw.
No person shall unreasonably delay the opening of a draw after the signals required by §117.15 have been given.
Note: Trains are usually controlled by the block method. That is, the track is divided into blocks or segments of a mile or more in length. When a train is in a block with a drawbridge, the draw may not be able to open until the train has passed out of the block and the yardmaster or other manager has “unlocked” the drawbridge controls. The maximum time permitted for delay is defined in Subpart B for each affected bridge. Land and water traffic should pass over or through the draw as soon as possible in order to prevent unnecessary delays in the opening and closure of the draw.
§ 117.11 Unnecessary opening of the draw.
No vessel owner or operator shall—
(a) Signal a drawbridge to open if the vertical clearance is sufficient to allow the vessel, after all lowerable nonstructural vessel appurtenances that are not essential to navigation have been lowered, to safely pass under the drawbridge in the closed position; or
(b) Signal a drawbridge to open for any purpose other than to pass through the drawbridge opening.
[CGD 91–059, 59 FR 16563, Apr. 7, 1994]
§ 117.15 Signals.
(a) General. (1) The operator of each vessel requesting a drawbridge to open shall signal the drawtender and the drawtender shall acknowledge that signal. The signal shall be repeated until acknowledged in some manner by the drawtender before proceeding.
(2) The signals used to request the opening of the draw and to acknowledge that request shall be sound signals, visual signals, or radiotelephone communications described in this subpart.
(3) Any of the means of signaling described in this subpart sufficient to alert the party being signaled may be used.
(b) Sound signals. (1) Sound signals shall be made by whistle, horn, megaphone, hailer, or other device capable of producing the described signals loud enough to be heard by the drawtender.
(2) As used in this section, “prolonged blast” means a blast of four to six seconds duration and “short blast” means a blast of approximately one second duration.
(3) The sound signal to request the opening of a draw is one prolonged blast followed by one short blast sounded not more than three seconds after the prolonged blast. For vessels required to be passed through a draw during a scheduled closure period, the sound signal to request the opening of the draw during that period is five short blasts sounded in rapid succession.
(4) When the draw can be opened immediately, the sound signal to acknowledge a request to open the draw is one prolonged blast followed by one short blast sounded not more than 30 seconds after the requesting signal.
(5) When the draw cannot be opened immediately, or is open and shall be closed promptly, the sound signal to acknowledge a request to open the draw is five short blasts sounded in rapid succession not more than 30 seconds after the vessel's opening signal. The signal shall be repeated until acknowledged in some manner by the requesting vessel.
(c) Visual signals. (1) The visual signal to request the opening of a draw is—
(i) A white flag raised and lowered vertically; or
(ii) A white, amber, or green light raised and lowered vertically.
(2) When the draw can be opened immediately, the visual signal to acknowledge a request to open the draw, given not more than 30 seconds after the vessel's opening signal, is—
(i) A white flag raised and lowered vertically;
(ii) A white, amber, or green light raised and lowered vertically; or
(iii) A fixed or flashing white, amber, or green light or lights.
(3) When the draw cannot be opened immediately, or is open and must be closed promptly, the visual signal to acknowledge a request to open the draw is—
(i) A red flag or red light swung back and forth horizontally in full sight of the vessel given not more than 30 seconds after the vessel's opening signal; or
(ii) A fixed or flashing red light or lights given not more than 30 seconds after the vessel's opening signal.
(4) The acknowledging signal when the draw cannot open immediately or is open and must be closed promptly shall be repeated until acknowledged in some manner by the requesting vessel.
(d) Radio telephone communications. (1) Radiotelephones may be used to communicate the same information provided by sound and visual signals.
Note: Call signs and radio channels for drawbridges with radiotelephones are listed in Appendix A to this part.
(2) The vessel and the drawtender shall monitor the frequency used until the vessel has cleared the draw.
(3) When radiotelephone contact cannot be initiated or maintained, sound or visual signals under this section shall be used.
[CGD 82–025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 82–025, 50 FR 11366, Mar. 21, 1985; CGD 84–022, 51 FR 16308, May 2, 1986; CGD 96–026, 61 FR 33664, June 28, 1996]
§ 117.17 Signalling for contiguous drawbridges.
When a vessel must past two or more drawbridges close together, the opening signal is given for the first bridge. After acknowledgment from the first bridge that it will promptly open, the opening signal is given for the second bridge, and so on until all bridges that the vessel must pass have been given the opening signal and have acknowledged that they will open promptly.
§ 117.19 Signalling when two or more vessels are approaching a drawbridge.
When two or more vessels are approaching the same drawbridge at the same time, or nearly the same, time, whether from the same or opposite directions, each vessel shall signal independently for the opening of the draw and the drawtender shall reply in turn to the signal of each vessel. The drawtender need not reply to signals by vessels accumulated at the bridge for passage during a scheduled open period.
§ 117.21 Signalling for an opened drawbridge.
When a vessel approaches a drawbridge with the draw in the open position, the vessel shall give the opening signal. If no acknowledgment is received within 30 seconds, the vessel may proceed, with caution, through the open draw.
§ 117.23 Installation of radiotelephones.
(a) When the District Commander deems it necessary for reasons of safety of navigation, the District Commander may require the installation and operation or a radiotelephone on or near a drawbridge.
(b) The District Commander gives written notice of the proposed requirement to the bridge owner.
(c) All comments the owner wishes to submit shall be submitted to the District Commander within 30 days of receipt of the notice under paragraph (b) of this section.
(d) If, upon consideration of the comments received, the District Commander determines that a radiotelephone is necessary, the District Commander notifies the bridge owner that a radiotelephone shall be installed and gives a reasonable time, not to exceed six months, to install the radiotelephone and commence operation.
§ 117.24 Radiotelephone installation identification.
(a) The Coast Guard authorizes, and the District Commander may require the installation of a sign on drawbridges, on the upstream and downstream sides, indicating that the bridge is equipped with and operates a VHF radiotelephone in accordance with §117.23.
(b) The sign shall give notice of the radiotelephone and its calling and working channels—
(1) In plain language; or
(2) By a sign consisting of the outline of a telephone handset with the long axis placed horizontally and a vertical three-legged lightning slash superimposed over the handset. The slash shall be as long vertically as the handset is wide horizontally and normally not less than 27 inches and no more than 36 inches long. The preferred calling channel should be shown in the lower left quadrant and the preferred working channel should be shown in the lower right quadrant.
Note: It is recommended that the radiotelephone sign be similar in design to the Service Signs established by the Federal Highway Administration (FHWA) in U.S. Road Symbol Signs using Reflective Blue and Reflective White colors. Color and design information is available from the District Commander of the Coast Guard District in which the bridge is located.
[CGD 84–022, 51 FR 16308, May 2, 1986]
§ 117.31 Operation of draw for emergency situations.
(a) When a drawtender is informed by a reliable source that an emergency vehicle is due to cross the draw, the drawtender shall take all reasonable measures to have the draw closed at the time the emergency vehicle arrives at the bridge.
(b) When a drawtender receives notice, or a proper signal as provided in §117.15 of this part, the drawtender shall take all reasonable measures to have the draw opened, regardless of the operating schedule of the draw, for passage of the following, provided this opening does not conflict with local emergency management procedures which have been approved by the cognizant Coast Guard Captain of the Port:
(1) Federal, State, and local government vessels used for public safety;
(2) Vessels in distress where a delay would endanger life or property;
(3) Commercial vessels engaged in rescue or emergency salvage operations; and
(4) Vessels seeking shelter from severe weather.
[CGD 91–016, 58 FR 20, Jan. 4, 1993]
§ 117.33 Closure of draw for natural disasters or civil disorders.
Drawbridges need not open for the passage of vessels during periods of natural disasters or civil disorders declared by the appropriate authorities unless otherwise provided for in Subpart B or directed to do so by the District Commander.
§ 117.35 Operations during repair or maintenance.
(a) When operation of the draw must deviate from the regulations in this part for scheduled repair or maintenance work, the drawbridge owner shall request approval from the District Commander at least 30 days before the date of the intended change. The request shall include a brief description of the nature of the work to be performed and the times and dates of requested changes. The District Commander's decision is forwarded to the applicant within five working days of the receipt of the request. If the request is denied, the reasons for the denial are forwarded with the decision.
(b) When the draw is rendered inoperative because of damage to the structure or when vital, unscheduled repair or maintenance work shall be performed without delay, the drawbridge owner shall immediately notify the District Commander and give the reasons why the draw is or should be rendered inoperative and the expected date of completion of the repair or maintenance work.
(c) All repair or maintenance work under this section shall be performed with all due speed in order to return the draw to operation as soon as possible.
(d) If the operation of the draw will be affected for periods of less than 60 days, the regulations in this part will not be amended. Where practicable, the District Commander publishes notice of the temporary deviations from the regulations in this part in the
§ 117.37 Opening or closure of draw for public interest concerns.
(a) For reasons of public health or safety or for public functions, such as street parades and marine regattas, the District Commander may authorize the opening or closure of a drawbridge for a specified period of time.
(b) Requests for opening or closure of a draw shall be submitted to the District Commander at least 30 days before the proposed opening or closure and include a brief description of the proposed event or other reason for the request, the reason why the opening or closure is required, and the times and dates of the period the draw is to remain open or closed.
(c) Approval by the District Commander depends on the necessity for the opening or closure, the reasonableness of the times and dates, and the overall effect on navigation and users of the bridge.
§ 117.39 Closure of draw due to infrequent use.
Upon written request by the owner or operator of a drawbridge, the District Commander may, after notice in the
§ 117.41 Maintenance of draw in fully open position.
The draw may be maintained in the fully open position to permit the passage of vessels and drawtender service discontinued if the District Commander is notified in advance. The draw shall remain in the fully open position until drawtender service is restored or authorization under §117.39 is given for the draw to remain closed and untended.
§ 117.43 Changes in draw operation requirements for regulatory purposes.
In order to evaluate suggested changes to the drawbridge operation requirements, the District Commander may authorize temporary deviations from the regulations in this part for periods not to exceed 90 days. Notice of these deviations is disseminated in the Local Notices to Mariners and published in the
[CGD–92–015b, 58 FR 46081, Sept. 1, 1993]
§ 117.45 Operation during winter season in the Great Lakes area.
(a) The Commander, Ninth Coast Guard District, may determine that drawbridges located in the Ninth Coast Guard District need not open during the winter season when general navigation is curtailed, unless a request to open the draw is given at least 12 hours before the time of the intended passage.
(b) Notice of these determinations is disseminated in Local Notices to Mariners and other appropriate media. Notices indicate—
(1) The name and location of the bridge affected;
(2) The period of time covered; and
(3) The telephone number and address of the party to whom requests for openings are given.
§ 117.47 Clearance gauges.
(a) Clearance gauges are required for drawbridges across navigable waters of the United States discharging into the Atlantic Ocean south of Delaware Bay (including the Lewes and Rehoboth Canal, DE) or into the Gulf of Mexico (including coastal waterways contiguous thereto and tributaries to such waterways and the Lower Atchafalaya River, LA), except the Mississippi River and its tributaries and outlets,
(b) Except for provisions in this part which specify otherwise for particular drawbridges, clearance gauges shall be designed, installed, and maintained according to the provisions of §118.160 of this chapter.
Note: Clearance gauge requirements, if any, for drawbridges other than those referred to in this section are listed in Subpart B under the appropriate bridge.
[CGD 82–025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 84–022, 51 FR 16308, May 2, 1986; CGD 96–026, 61 FR 33664, June 28, 1996]
§ 117.49 Process of violations.
(a) Complaints of alleged violations under this part are submitted to the District Commander of the Coast Guard District in which the drawbridge is located.
(b) Penalties for violations under this part are assessed and collected under Subpart 1.07 of Part 1 of this chapter.
Browse Next
