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

(a) Criminal penalties for violations; enforcement; rules and regulations. Anyone who owns, operates, or tends a drawbridge — built before August 18, 1894, or built later across United States navigable waters — must open the draw for boats and other watercraft. They must follow rules set by the Secretary of the department that runs the Coast Guard. Once published, these rules have the force of law. If a bridge owner or operator willfully fails or refuses to open the draw as the rules require, that is a misdemeanor. On conviction, the punishment is a fine of at least $1,000 and not more than $2,000, or — if the offender is a natural person — imprisonment for up to one year, or both, at the court's discretion. Cases to enforce this rule can start before any U.S. magistrate judge, judge, or court, which handles them the same way as other federal crimes. The Secretary may also make rules to govern drawbridge openings whenever the Secretary believes the public interest requires it. Once published, these rules have the force of law too, and willfully breaking them is punished the same way. Rules made under this section can also be enforced under section 413 of this title. As much as is practical, these rules must provide for regularly scheduled bridge openings at times of year and times of day when that would reduce traffic delays and congestion on roads connected by the drawbridge. (b) Nonstructural vessel appurtenances; unreasonable delays. A vessel owner or operator may not signal a drawbridge to open just for a nonstructural part of the vessel — something not essential to navigation, or something that could easily be lowered instead. No one may unreasonably delay a drawbridge from opening after the required signal has been given. The Secretary must issue rules to carry out this subsection. (c) Civil penalties for violation; notice and hearing; assessment, collection, and remission; civil actions. Anyone who breaks a rule issued under subsection (a) or (b) faces a civil penalty. The maximum penalty depends on the year of the violation: $5,000 for 2004; $10,000 for 2005; $15,000 for 2006; $20,000 for 2007; and $25,000 for 2008 and every year after. No penalty can be assessed until the person is given notice and a chance for a hearing on the charge. The Secretary may assess and collect these civil penalties, and — until the case is referred to the Attorney General — may reduce, forgive, or settle any penalty. If someone doesn't pay an assessed penalty, the government can sue them in the U.S. district court for the district where the violation happened. (d) Temporary changes to drawbridge operating schedules. This subsection applies to temporary schedule changes lasting 180 days or less, and overrides the normal rulemaking process in section 553 of title 5. If the Secretary approves a temporary change: (A) The Secretary must issue a deviation approval letter to the bridge owner, and announce the change in the Local Notice to Mariners, a broadcast notice to mariners and radio stations, or other local media the Secretary sees fit. (B) The bridge owner — unless it's a railroad — must notify the public through a newspaper of general circulation where the bridge is, plus the transportation department or agency and the law enforcement agency that has jurisdiction over the roads connecting to the bridge. If the Secretary denies the change: (A) Within 10 days of the request, the Secretary must tell the bridge owner in writing why, including any supporting data or evidence. (B) The Secretary must give the bridge owner a fair chance to answer each reason for denial and resubmit the request. (e) Drawbridge movements. The Secretary: (1) Must require drawbridge operators to record every drawbridge movement in a logbook. (2) May inspect that logbook to check that movements match the posted operating schedule. (3) Must review whether deviations from the posted schedule are hurting vehicle and pedestrian traffic. (4) May decide whether the operating schedule should be adjusted to improve maritime, vehicle, or pedestrian traffic. (f) Requirements. (1) Logbooks. A drawbridge operator must keep records depending on the type of bridge: (A) For a bridge that opens for vessels, the operator must log: the bridge's identity and the date of each opening; who operated it; every time it opened and closed for navigation; how many vessels passed through each opening and which direction they went; what types of vessels passed through; the estimated or known size — height, length, and beam — of the largest vessel in each opening; each vessel's name and registration number if easily seen; and any maintenance openings, malfunctions, or other notes. (B) For a bridge that stays open to boat traffic but closes for trains, the operator must log: the bridge's identity and the date of each opening and closing; who operated it; every time it opened and closed to navigation; and any maintenance openings, closings, malfunctions, or other notes. (2) Maintenance of logbooks. Operators must keep these logbooks for at least 5 years. (3) Submission of logbooks. At the Secretary's request, operators must submit their logbooks, as much as the Secretary considers necessary to carry out this section. (4) Exemption. These logbook requirements are exempt from sections 3501 to 3521 of title 44 — the federal paperwork-reduction rules.