trict Commander prepares his report. It is a detailed statement of his findings, conclusions, and recommendations based on information obtained at the hearing (if held) and knowledge derived from his experience and office data. His report must include: (1) Comparison of proposed bridge with existing bridges over the waterway; attitude of local authorities; summary of objections offered at public hearing (if held), with his comments thereon; probable effect on navigation, present and prospective, with reasons, on harbor lines and on flood heights and drift; his remarks and recommendations; and a list of the parties notified, the record of hearing (if held), and all other pertinent papers to complete the record. (2) Description of the navigation on the waterway past the site of the proposed bridge, the number and type of vessels, the number of vessel trips, and the principal method of handling traffic, whether in single vessels or in tows. If tows are used, the manner in which they are made up shall be stated, whether in fleets or in single vessels arranged tandem. The probable maximum length and breadth of tows during the lifetime of the bridge shall be given and the manner in which they are likely to pass the navigation opening, whether directly ahead on a line approximately parallel to the channel axis, or by flanking movement. If flanking movement is likely, the report shall also give the width of waterway required for the passage of the maximum-sized tow in the most oblique position it will probably have with respect to the channel axis. (3) Specifically whether he recommends approval of the plans. If he finds them objectionable, a detailed statement of his objections must be submitted. If the clearances which he recommends are smaller than the corresponding clearances on that portion of the waterway bearing the larger or more important traffic between the proposed location and principal connecting waterways, he must state the names and locations of the bridges in which the larger clearances are found and give in detail the reasons for his recommendations. If he considers the plans do not afford reasonable passage of floodwaters in and outside of the natural stream bed, the applicant will be so advised. If the applicant declines to submit plans with adequate water passages, the case is referred to the Commandant with full information and appropriate recommendation. (4) If approval is recommended, all conditions to which the permit should be subject will be stated. (e) Final action. (1) The file is received in the Bridge Division of the Office of Marine Environment and Systems where it is again subjected to analysis and review. When the Commandant disagrees with the District Commander on a substantive matter, he may return the case for reconsideration, or when he disagrees as to a matter of procedure, he may return the case with instructions to correct the procedural defect (such as the failure to give notice, or to hold a public hearing). When favorable action is taken on an application, the permit is signed by the Commandant and transmitted directly to the applicant. When unfavorable action is taken, the Commandant will inform the applicant of the reasons for rejection and the modifications of plans which would justify reconsideration. (2) When a district commander approves or denies an application for deviation from plans already approved he signs the approval or denial and informs the applicant of the approval or denial. However, when an application for deviation of plans is denied by a district commander, the applicant is informed that he may request review and reconsideration by the Commandant. In all cases of denial, the Commandant may review and reconsider the denial action of a district commander. (Sec. 5, 28 Stat. 362, as amended; (33 U.S.C. 401, 491, 525, 535; 49 U.S.C. 1655(g)(6); 49 CFR 1.46(c) (8), (9), (10), (q)) [CGFR 67-46, 32 FR 17771, Dec. 12, 1967] NOTE: For amendments to § 115.60, see the List of CFR Sections Affected in the Finding Aids section in the back of this volume. § 115.70 Advance approval of bridges. (a) The General Bridge Act of 1946 requires the approval of the location and plans of bridges prior to start of construction (33 U.S.C. 525). The Commandant has given his advance approval to the location and plans of bridges to be constructed across reaches of waterways navigable in law, but not actually navigated other than by logs, log rafts, rowboats, canoes and small motorboats. In such cases the clearances provided for high water stages will be considered adequate to meet the reasonable needs of navigation. (b) Before any waterway is designated as having such advance approval, the District Commander shall issue a public notice to give interested parties full opportunity to be heard. Following designation of the waterways to which the advance approval procedure will be applied, a second public notice shall be issued advising interested parties of the action taken. (c) The term "small motorboats" shall be interpreted in the light of the things and conditions with which it is associated. The term means rowboats, canoes and other similar craft with outboard motors. It does not include sailing or cabin cruiser craft. The term is used to distinguish such craft from the definition of "motorboat" in the Motorboat Act of June 25, 1940 (46 U.S.C. 526), which includes craft up to 65 feet in length. (d) In general, the advance approval procedure is intended to apply only to routine and obvious circumstances. Any case of reasonable doubt will be resolved by the usual practice of notice or hearing prior to specific approval of location and plans based upon findings made at the time and under the conditions then existing. Sec. 116.30 Approval of award and guaranty of cost under Truman-Hobbs Act. AUTHORITY: Sec. 5, 28 Stat. 362, as amended, sec. 11, 54 Stat. 501, as amended, sec. 12, 60 Stat. 244, as amended, sec. 6(g), 80 Stat. 941; 33 U.S.C. 499, 521, 5 U.S.C. 559, 49 U.S.C. 1655(g); Department of Transportation Order 1100.1, Mar. 31, 1967, 49 CFR 1.4(a)(3). SOURCE: CGFR 67-46, 32 FR 17773, Dec. 12, 1967, unless otherwise noted. This part states the general course and method by which certain functions, powers, and duties regarding alteration of obstructive bridges delegated to the Commandant, U.S. Coast Guard, are channeled and determined, including the nature and requirements of all procedures as well as forms and instructions. They are intended to show what the Coast Guard requires and how it acts in a given situation. § 116.05 Alteration of bridges other than railroad or publicly owned highway bridges. Whenever the Commandant has good reason to believe that a bridge across any of the navigable waters of the United States, other than a railroad or publicly owned highway bridge, is an unreasonable obstruction to navigation, it shall be his duty, after giving the parties interested reasonable opportunity to be heard, to notify the persons or corporation owning or controlling such bridge to alter it so as to render navigation through or under it reasonably free, easy, and unobstructed. He shall specify the changes that are required to be made and shall prescribe a reasonable time in which to accomplish them. Failure to comply with such notice will subject the owner or controller of the bridge to the penalties prescribed by law (33 U.S.C. 494; 33 U.S.C. 502). § 116.10 Alteration of railroad or publicly owned highway bridges. (a) Whenever the Commandant has good reason to believe that a railroad or publicly owned highway bridge across any of the navigable waters of the United States is an unreasonable obstruction to navigation, it shall be 80-110 0-81-29 his duty, after giving notice to interested parties, to hold a public hearing at which the bridge owner, those interested in water navigation, railway and/or highway traffic, and any other parties in interest shall have full opportunity to offer evidence and be heard as to whether alterations to the bridge are necessary and, if so, to what extent. Due regard shall be given to the necessities of free and unobstructed water navigation and of rail and/or highway traffic. If the Commandant thereafter determines that alteration of the bridge is necessary, he shall issue to the bridge owner an order to alter, under the provisions of the Truman-Hobbs Act (act of June 21, 1940, as amended; 54 Stat. 497; 33 U.S.C. 511 et seq.), specifying such changes as he finds necessary for the purpose of navigation. (b) The Truman-Hobbs Act further provides for the approval by the Commandant of general plans and specifications and contracts for the project and apportionment of the total cost thereof between the United States and the bridge owner. (c) Penalties for noncompliance with lawful orders issued pursuant to the Truman-Hobbs Act are prescribed by law. § 116.15 Investigation of complaints of obstructive bridges. (a) Upon receipt of a complaint that a bridge over a navigable waterway of the United States is an obstruction to navigation, the District Commander will investigate to determine if, in his opinion, the complaint is justified. If the District Commander does not consider the bridge unreasonably obstructive to navigation he will so notify the complainant. If the District Commander finds that the bridge is unreasonably obstructive or is unable to satisfy the complainant that the bridge is not obstructive, he will submit a report to the Chief, Office of Marine Environment and Systems, specifying the character of obstruction, the changes necessary to render navigation through or under the bridge reasonably free, easy, and unobstructed, and his estimate of a reasonable period of time in which to make the required changes. In cases under the Truman-Hobbs Act, the estimate of time required need not be included but the best available preliminary estimate of total cost of the required changes and probable portion of cost to be borne by the United States will be stated. (b) The Chief, Office of Marine Environment and Systems will notify the District Commander of the action desired after consideration of the report on the complaint. [CGFR 67-46, 32 FR 17773, Dec. 12, 1967, as amended by CGFR 71-95, 36 FR 19160 Sept. 30, 1971] § 116.20 Hearings to be held on obstructive bridges. (a) Upon receipt of authority from the Chief, Office of Marine Environment and Systems, the District Commander will arrange for a hearing at which the owners and controllers of the bridge, the complainants, and all other known interested parties will be given reasonable opportunity to be heard. (b) The notice of the hearing will include statements of the changes required and, except in cases under the Truman-Hobbs Act, the estimate of time considered reasonable for accomplishment of the changes. (c) Upon conclusion of hearings, the District Commander will submit to the Chief, Office of Marine Environment and Systems a full report on the subject, including statements on: (1) Whether the bridge unreasonably obstructs navigation. (2) Whether rafts, selfpropelled vessels, or other watercraft have difficulty in passing the draw opening or drawspan. fected is sufficient to justify the proposed changes in the bridge. (7) An estimate of cost of alterations and proportionate share to be borne by the United States in actions relating to railroad or publicly owned highway bridges. (8) A sketch on letter size paper showing the principal features of the bridge, the particular features against which complaint is made, and any other natural or artificial feature pertinent to consideration of the complaint. (9) A transcript of the proceedings of the hearing. [CGFR 67-46, 32 FR 17773, Dec. 12, 1967, as amended by CGFR 71-95, 36 FR 19160 Sept. 30, 1971] § 116.25 Order to alter obstructive bridges. (a) Should the Commandant decide, after review of the report of the District Commander, that a bridge is an unreasonable obstruction to navigation, he will issue an "Order to Alter." Such order will be promptly served on the proper parties. A copy of the order as served, together with a statement thereon executed by the person serving the order showing on whom, when and where the service was made will be returned to the Commandant. (b) The owner of a bridge to be altered under the provisions of the Truman-Hobbs Act, as amended (54 Stat. 497; 33 U.S.C. 511 et seq.), will be advised by the District Commander of the requirements for submission of general plans and specifications. These general plans and specifications will be submitted to the District Commander, who will forward them to the Commandant for approval, together with his comments and recommendations on the proposed navigational clearances. The Commandant will then determine: (1) Whether the plans and specifications provide for the minimum structure meeting the requirements of the "Order to Alter." (2) Whether the plans and specifications include items of features not necessary to meet the "Order to Alter" but desired by the bridge owner. (3) Whether the plans and specifications provide for materials or workmanship of a higher grade than that of comparable items of features of the existing bridge, or where no counterpart, of a higher grade than provided in recommended practice of the Association of American Railroads. (4) Necessary revisions, if any, of the preliminary estimate of cost and apportionment. (c) The Commandant will notify the bridge owner of the approval of the plans and specifications and will inform him of the requirements of sections 5 and 6 of the Truman-Hobbs Act, as amended (54 Stat. 498, 499; 33 U.S.C. 515, 516), with respect to submission of bids and guaranty of cost. § 116.30 Approval of award and guaranty of cost under Truman-Hobbs Act. (a) Bids obtained by the bridge owner will be submitted to the Commandant. The Commandant will notify the bridge owner when award is approved and will request him to furnish the guaranty of cost and a statement of the proportionate shares of cost to be borne by the United States and the owner in the following form: 117.1a Temporary departures from regulations in this part. 117.2a Narraguagus River, Maine; Maine State Highway Commission bridge across Narraguagus River, Milbridge, Maine. 117.3 Taunton River, Maine; Maine Department of Transportation highway bridge between Hancock and Sullivan. 117.5 Townsend Gut, Maine; bridge (highway) of town of Southport. 117.5a Sheepscot River, Maine; Maine State Highway Commission bridge, mile 14 and Maine Central railroad bridge, mile 15. 117.6 Back River, Maine; highway bridge between Hodgdon and Barter Islands in the town of Boothbay, Maine. 117.8 Kennebec River, highway and railroad bridge, between Bath and Woolwich. 117.10 Kennebec River, Maine; Maine State Highway Commission bridges between Richmond and Dresden and between Gardiner and Randolph. 117.15 Presumpscot River, Portland, Maine; highway bridge at Martin Point. 117.20 Back Cove, Portland, Maine; Canadian National Railway bridge. 117.25 Fore River, Portland Harbor, Maine; bridge (highway), known as "Portland Bridge." 117.28 Kennebunk River, Maine Dock Square Highway Bridge between Kennebunk and Kennebunkport, Maine. 117.35 Piscataqua River, Maine and N.H. 117.40 Bellamy River, N.H.; bridge (highway) between Cedar Point and Dover Point, N.H. 117.48 Little Harbor, N.H.; bridge (high way) between Rye and New Castle, N.H. 117.50 Hampton River, N.H.; bridge (highway) between Seabrook and Hampton Beaches, N.H. 117.55 Merrimack River, Mass. 117.60 Plum Island River, Mass.; bridge (highway). 117.64 Manchester Harbor, Mass.; Boston and Maine Railroad Bridge at Manchester. 117.65 Danvers River, Mass.; bridges (highway and railroad). 117.75 Boston Harbor, Mass., and adjacent waters; bridges. 117.77 North River, Mass.; bridges at Route 3A and Union Street. 117.78 Cape Cod Canal, Mass. 117.80 Acushnet River, Mass.; State of Massachusetts bridge between New Bedford and Fairhaven. Sec. 117.81 Apponaganset River, Mass.; Padanarum Highway Bridge at South Dartmouth. 117.85 Sakonnet River, R.I.; State of Rhode Island highway bridge and New York, New Haven & Hartford Railroad Co. bridge at Tiverton. 117.87 Taunton River, Mass.; bridges. 117.90 Providence Harbor, R.I.; bridges. 117.95 Mystic River at Mystic, Conn. 117.100 Thames River, Conn.; The New York, New Haven & Hartford Railroad Co. bridge between New London and Groton. 117.105 Shaws Cove, Conn.; Penn Central railroad bridge. 117.110 Niantic River, Conn., bridges. 117.115 Connecticut River, Conn.; bridges. 117.120 New Haven Harbor, Quinnipiac and Mill Rivers, Conn. 117.125 Housatonic River, Conn.; bridges. 117.130 Pequonnock River, Yellow Mill Channel, and Johnson Creek, Bridgeport, Connecticut; bridges. 117.135 Saugatuck River, Conn.; bridge of New York, New Haven & Hartford Railroad Co., at Saugatuck, Conn. 117.145 Norwalk River at Norwalk, Conn.; Washington Street Highway Bridge and the New York, New Haven & Hartford Railroad bridge. 117.150 Mianus River, Conn.; bridge of River, N.Y.; city of New York Bridges at 117.166 Gowanus Canal, N.Y.; bridges. 117.175 Jamaica Bay and connecting waterways, New York. 117.180 Long Island, New York Inland Waterway from East Rockaway Inlet to Shinnecock Canal, bridges. 117.185 Hudson River, N.Y.; bridges at Albany and Troy. 117.190 Navigable waters in the State of New York and their tributaries; bridges where constant attendance of draw tenders is not required. 117.191 Navigable waters in the State of Vermont and their tributaries; bridges when constant attendance of draw tenders is not required. 117.200 Newark Bay, Passaic, and Hacken sack Rivers, N.J., and their navigable tributaries; bridges. 117.210 Raritan River and Arthur Kill, and their navigable tributaries; bridges. |