1625-0015 Stat/Authority

§ 115.60

33 CFR Ch. I (7–1–10 Edition)

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essential features covered by the application will be outlined in red. Each
drawing must have a simple title, date
and number, preferably in the lower
righthand corner.
(h) Size of sheets. The drawings will be
on letter size sheets. As few sheets will
be used as necessary to show clearly
what is proposed.
(i) Special instructions. (1) The scale
will be shown graphically. The north
and south line will be indicated by a
meridian arrow. Soundings and elevations will be shown in feet and referred to the established Government
datum plane at the locality.
(2) The direction of currents will be
indicated by an arrow, and the strength
of currents, both ebb and flow, or low
water and high water, will be shown
close to the proposed location of the
bridge, and at both ends of the waterway shown on the map of location.
(3) The plans will show in figures the
least clear height of the lowest part of
the superstructure over navigation
openings, with reference to the planes
of mean high water and mean low
water if the bridge is to cross tidal
water. If the waters are nontidal, the
least clear height will be shown with
reference to the planes of extreme high
water and mean low water. If records of
river heights are available, the plane
above which flood waters have not remained more than 2 percent of the time
will be indicated. Reference will also be
made to other datum planes if appropriate for the waterway in question.
(4) If harbor lines have been established at the site of the bridge, their
position will be shown on the plans.
(j) Structural details. Only those
should be shown which are needed to illustrate the effect of the proposed
structure on navigation. If the bridge
is to be equipped with a draw, the latter will be shown in two positions:
closed and open.
(k) To whom application should be presented. The application and the papers
and plans accompanying it should be
submitted to the District Commander
having jurisdiction over the area in
which the bridge site is located.
[CGFR 67–46, 32 FR 17771, Dec. 12, 1967, as
amended by CGD 75–046, 40 FR 24898, June 11,
1975; CGD 80–099, 46 FR 38354, July 27, 1981;
CGD 82–102, 48 FR 54299, Dec. 2, 1982]

§ 115.60 Procedures for handling applications for bridge construction permits.
The following procedures will be observed in the handling of applications
for permits to construct, modify, or replace bridges over navigable waters.
(a) District Commander’s review of application and plans. When an application is received, the District Commander verifies the authority for construction of the bridge, reviews, the application and plans for sufficiency, ascertains the views of local authorities
and other interested parties, and ensures that the application complies
with relevant environmental laws, regulations, and orders. If the application
contains any defects that would prevent issuance of a permit (as for example, if the proposed bridge provided insufficient clearance), the applicant is
notified that the permit cannot be
granted and given reasons for this determination. The applicant may then
request that the application be considered by the Commandant. If the applicant makes such a request, or if the application is not found defective, the
District Commander notifies the public
that it has been received and continues
its processing. A copy of this notification will be sent to the state, interstate agency or the Environmental
Protection Agency (EPA) responsible
for acting on requests for water quality
certification for the project. If the
state, interstate agency, or the EPA
fails to issue or deny the water quality
certification within 30 days after receiving the copy of this notification,
the requirements for a water quality
certification are waived. If the appropriate agency notifies the District
Commander that the applicant has not
filed a request for water quality certification, or requests additional time to
review an application, additional time
will be granted.
(b) Public meeting. (1) Public meetings
will be held when there are substantial
issues concerning the effect that the
proposed bridge will have on the reasonable needs of navigation.
(2) Notice of the public meeting will
be published in the FEDERAL REGISTER.
Notice of the meeting is also mailed to
State, county, and municipal authorities and all other known interested

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Coast Guard, DHS

§ 115.70

parties. It is also posted at the post office nearest the site and public places
in the vicinity.
(3) Meetings are public and conducted
in an informal manner. A designated
Coast Guard official presides. The submission of written statements is invited and encouraged. Anyone desiring
to do so may speak. Statements, written or oral, are not under oath, and
cross-examination is not permitted. No
fixed order has been established for the
presentation of evidence or argument
although proponents are generally
heard first, followed by opponents with
full opportunity afforded for rebuttals.
(c) Report and recommendations. After
the close of the comment period and
any public hearings, a detailed statement of findings, conclusions, and recommendations based on all available
information (including Coast Guard
records and experience) is prepared.
The following factors may be discussed
in this report:
(1) Comparison of proposed bridge
with existing bridges over the waterway; attitude of local authorities; summary of objections raised by the public,
and District Commander’s comments
or responses; probable effect on navigation, present and prospective.
(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.
(3) Whether the District Commander
approves, or recommends approval of
the plans. If they are found objectionable, the reasons for this finding will
be stated. If there are objectionable
features in the plans which may be corrected, the applicant is given an opportunity to revise them. If approval is
given or recommended, all conditions
to which the permit should be subject
will be stated.
(d) Action on permit application. (1)
The District Commander may issue the
permit if authorized under § 1.01–60(b)
of this chapter; otherwise, a report
with the application shall be submitted
to the Commandant for final action.
(2) When an application is approved,
the issuing official signs the permit
and transmits it to the applicant.

(3) When an application is not approved, the applicant is notified and
provided with reasons for the disapproval, and suggestions for modifications that would justify reconsideration, if appropriate.
(4) If an application is disapproved by
the District Commander, the applicant
may appeal this decision to the Commandant under § 114.50 of this chapter.
The
Commandant’s
determination
shall constitute final agency action.
(e) Permit amendments. Applications
for amendments to permits will be
processed in the same manner as permit applications. The District Commander may approve amendments to
any permits which that official is authorized to issue under § 1.01–60(b) of
this chapter. All other amendments
must be approved by the Commandant.
(5 U.S.C. 559; 14 U.S.C. 633; 33 U.S.C. 401, 491,
499, and 525; 49 U.S.C. 1655(g), and 49 CFR
1.46(c) and (q))
[CGD 80–099, 46 FR 38354, July 27, 1981; 46 FR
42268, Aug. 20, 1981, as amended by CGD 82–
006, 47 FR 36641, Aug. 23, 1982; CGD 82–074, 47
FR 51865, Nov. 18, 1982; USCG–2008–0179, 73 FR
35012, June 19, 2008]

§ 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) 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.
(14 U.S.C. 633; 33 U.S.C. 401, 491, and 525; 49
U.S.C. 1655(g); and 49 CFR 1.46(c))
[CGFR 67–46, 32 FR 17771, Dec. 12, 1967, as
amended by CGD 81–076, 46 FR 54936, Nov. 5,
1981; USCG–1998–3799, 63 FR 35527, June 30,
1998]

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