(vi) Richmond Creek; City of New York highway bridge at Richmond Avenue, Staten Island.

(vii) Peekskill (Annsville) Creek, Penn Central railroad bridge near Peekskill, New York.

(viii) Hudson River; State of New York highway (Troy-Menands) bridge between Albany and Rensselaer Counties.

(2) Wappinger Creek; Penn Central Railroad bridge at New Hamburg. The draw shall open on signal from 11:30 a.m. to 7:30 p.m. from May 15 through October 15. At all other times the draw shall open on signal if at least 12 hours notice is given to the Chief Train Dispatcher, Penn Central Railroad Company, New York, N.Y.

(3)-(4) [Reserved]

(5) Tonawanda Creek; Penn Central Railroad Company bridge between Tonawanda and North Tonawanda. From December 16 through March 31, the draw shall open on signal if at least 12 hours notice is given. From April 1 through December 15, the draw shall open on signal and shall be left in the fully open position whenever a drawtender is not in attendance.

(6) Tonawanda Inner Harbor (Little River); Penn Central Railroad Company bridge between Island Street, North Tonawanda, and Tonawanda Island. The draw shall open on signal if at least 24 hours notice is given.

(Sec. 5, 28 Stat. 362, as amended, sec. 6(g)(2), 80 Stat. 937; 33 U.S.C. 499, 49 U.S.C. 1655(g)(2); 49 CFR 1.46(c)(5), 33 CFR 1.051(c)(4))

[CGFR 67-46, 32 FR 17774, Dec. 12, 1967, as amended by CGD 74-300, 40 FR 51637, Nov. 6, 1975; CGD 75-222, 42 FR 42199, Aug. 22, 1977]

§ 117.191 Navigable waters in the State of Vermont and their tributaries; bridges when constant attendance of draw tenders is not required.

(a) Lake Champlain; Vermont Department of Highways bridge across entrance to Missisquoi Bay, between Alburg Tongue and Hog Island, at East Alburg. The draw shall open on signal if at least 24 hours notice is given.

(b) Lake Champlain; Missisquoi Bay, Central Vermont railroad bridge. The

draw shall open on signal from June 1, through September 30 from 7 a.m. to 11 p.m. At all other times the draw shall open on signal if at least 24 hours notice is given to Central Vermont Railway, Inc., St. Albans, Vermont 05478.

(c) Lake Champlain; Vermont Department of Highways bridge between Sandy Point, Grand Isle (South Hero Island) and Knights Point, North Hero Island.

(1) From May 15 through October 15, the draw shall open on signal from 7 a.m. to 9 p.m.

(2) From May 15 through October 15, the draw shall open on signal from 9 p.m. to 7 a.m. if at least four hours notice is given.

(3) From October 16 through May 14, the draw shall open on signal if at least 24 hours notice is given.

(4) During periods of advance notice requirements, the draw shall open as soon as possible for public vessels of the United States.

(d) The owners of or agencies controlling these bridges shall keep a copy of the regulations in this section pertaining to each bridge, and a notice stating how the advance notices required by this section, are to be given. This notice shall be conspicuously posted on both the upstream and downstream sides of the bridge.

(Sec. 5, 28 Stat. 362, as amended, sec. 6(g)(2), 80 Stat. 937; 33 U.S.C. 499, 49 U.S.C. 1655(g)(2); 49 CFR 1.46(c)(5))

[CGD 75-222, 42 FR 42199, Aug. 22, 1977]

§ 117.200 Newark Bay, Passaic and Hackensack Rivers, and their navigable tributaries; General Regulations.

(a) The draws shall be opened promptly, upon signal, for the passage of vessels during the day or night, except as prescribed in paragraph (c), (f), or (j) of this section.

(b) During the hours between 7:30 and 10:00 a.m. and between 5:00 and 7:30 p.m. drawbridges shall not be required to remain open longer than 10 minutes nor shall the passage of any vessel be delayed for longer than 10 minutes except as provided in paragraph (f) of this section.

(c) The draw of any bridge used solely for the United States mail, pas

senger, and express trains need not be opened for a vessel reaching said draw less than 5 minutes before the scheduled arrival of any such train until such train passes, unless the bridge tender has notice that the train is delayed more than 5 minutes. The owners of bridges acting under this rule shall maintain a tug at the drawbridge to control and aid in the passage of vessels.

(d) When a vessel approaches within signaling distance of a bridge for passage, the master thereof shall signify his intention by three blasts of a whistle or horn. For those bascule bridges that have two separate and distinct drawspans the approaching vessel shall signal for an opening of the bridge in the customary manner by three blasts of a whistle or horn, and this shall be followed after a short interval with one blast, if it is desired that the drawspan on the starboard hand as the vessel approaches be opened, or by two blasts if it is desired that the one on the port hand be opened. The signal of the craft shall be immediately answered by the tender or operator of the bridge. If the draw is ready to be immediately opened, the answer shall be three blasts of a whistle or horn from the bridge. In case of delay in opening the draw, as is provided for in this section, or as may be necessary by accident to the machinery or other contingency, the signal from the vessel shall be answered by two long blasts of a whistle or horn from the bridge. In all cases when delay signals have been given, a signal of three blasts of a whistle or horn shall be given as soon as it is possible to open the draw.

(e) Upon hearing or perceiving the signals prescribed, the tenders or operators of a drawbridge, except as provided in paragraphs (b), (c) and (f) of this section, shall at once open the draw signaled for so as to allow the prompt passage of any vessel or craft: Provided, That the bridge may not be opened when there is a train, wagon, or vehicle at the time passing over said drawspan, or a train approaching so closely that it cannot be safely stopped before reaching the bridge, but it shall be opened as soon as the

drawspan can be cleared. In case the opening of the draw will be delayed under the provisions of paragraph (c) of this section the tug stationed at the draw shall immediately go to the assistance of the vessel.

(f) Each tug, towboat, barge and other small craft regularly and habitually navigating the aforementioned waterways shall be subject to inspection and measurement by the District Commander to determine which vessels, if any, would, by reasonable reductions in heights of masts and/or stacks, be capable of passing under the closed draw of any bridge affording at least vertical clearance of 35 feet at mean high water. The District Commander will notify the owners of such vessels as can be so modified, of the date by which the modifications shall be completed. In the event of the failure of said owners to comply with such notification, the District Commander will authorize the above bridge owners to delay opening their bridges, for the passage of said vessels, until convenient to do so, but on no occasion for more than 45 minutes: Provided, however, That such vessel shall not be so delayed when it has in tow another vessel or craft of such height as to require the opening of the bridge, or when, because of the stress of weather, prompt opening is neces

sary.

(g) Trains, vehicles, vessels or other watercraft shall not be stopped or manipulated in a manner hindering or delaying the operation of the draw, but all passage over the drawspan or through the draw opening shall be in a manner to expedite both land and water traffic.

(h) The regulations in paragraphs (a) to (g) of this section apply only to commercial or pleasure vessels. Steamers or vessels employed or controlled by the United States Government, State government, or by municipal departments shall be passed without delay through the draws of said bridges at any hour of the day or night, upon giving four blasts of the whistle.

(i) Clearance gages of a type to be approved by the Commandant shall be provided by the owner of each bridge

and be kept in good legible condition. Unless otherwise specified, such clearance gages shall consist of two board gages painted white with black figures not less than 9 inches high, which shall indicate the headroom clearances under the closed span at all stages of the tide. These gages shall be illuminated at night and during the time of fog, rain and snow. These gages shall be so placed that they will be plainly visible to the navigator of a vessel approaching the bridge either up or downstream.

(j) Route 280 (Stickel) Bridge, mile 5.8 Passaic River. The draw shall open on signal if at least eight hours notice is given. However, in an emergency the draw shall open on two hours notice. (Sec. 5, 28 Stat. 362, as amended, sec. 6(g)(2), 80 Stat. 937; (33 U.S.C. 499, 49 U.S.C. 1655(g)(2)); 49 CFR 1.46(c)(5); 33 CFR 1.05-1(c)(4))

[CGFR 67-46, 32 FR 17774, Dec. 12, 1967, as amended by CGD 72-106R, 37 FR 11972, June 16, 1972; CGD 73-123R, 38 FR 15334, June 18, 1973; CGD 76-036, 41 FR 32217, Aug. 2, 1976; CGD 77-207, 43 FR 21881, May 22, 1978]

§ 117.210 Raritan River and Arthur Kill, and their navigable tributaries; bridges. (a) All drawbridges spanning Raritan River and Arthur Kill, and their navigable tributaries, shall be opened promptly upon signal, for the passage of vessels during the day or night, except as prescribed in paragraph (b) of this section.

(b) During the hours between 7:30 and 10 a.m. and between 5 and 7:30 p.m. drawbridges shall not be required to remain open longer than 10 minutes nor be permitted to remain closed longer than 10 minutes to the exclusion of vessels approaching for passage: Provided, That the draw of any bridge used solely for United States mail, passenger, and express trains need not be opened for a vessel reaching said draw less than 5 minutes before the scheduled arrival of any such train, until such train passes, unless the bridge tender has notice that the train is delayed more than 5 minutes: Provided further, That the owners of bridges acting under this rule shall maintain a tug at the draw

bridge to control and aid in the passage of vessels.

(c) When a vessel approaches within signaling distance of a bridge for passage, the master thereof shall signify his intention by three blasts of a whistle or horn. The signal shall be answered by three blasts of a whistle or horn from the bridge unless, under paragraph (b) of this section a delay in opening is permitted, when the answer from the bridge will be two blasts of whistle or horn, and the tug stationed at the draw shall immediately go to the assistance of the vessel.

(d) Upon hearing or perceiving the signals prescribed, the tenders or operators of a drawbridge, except as provided in paragraph (b) of this section shall at once open the drawspans of the bridge for the prompt passage of any vessel or craft: Provided, That the bridge may not be opened when there is a train, wagon, or vehicle at the time passing over said drawspan, or a train approaching so closely that it cannot be safely stopped before reaching the bridge, but it shall be opened as soon as the drawspan may be cleared.

(e) Wagons, vehicles, and trains shall not be stopped on a drawbridge or on a drawspan for the purpose of delaying the operation of the drawbridge, nor shall watercraft or vessels be so manipulated as to hinder or delay the operation of the drawspan, but all passage upon, through, or under a drawbridge shall be prompt, to prevent delay to either land or water communication.

(f) Paragraphs (a) to (e) of this section apply only to commercial or pleasure vessels. Steamers or vessels employed or controlled by the United States Government or by municipal departments shall be passed without delay through the draws of said bridges at any hour of the day or night upon giving four blasts of the whistle.

(g) Rahway River, mile 2.0, Central Railroad Company of New Jersey. The draw shall open on signal from 6 a.m. to 10 p.m., April 1 through November 30. At all other times the draw shall open on signal if at least 4 hours notice is given.

[CGFR 67-46, 32 FR 17774, Dec. 12, 1967, as amended by CGD 73-196, 39 FR 31527, Aug. 29, 1974]

§ 117.215 Navigable streams flowing into Raritan Bay (except Raritan River and Arthur Kill), the Shrewsbury River and its tributaries, and all inlets on the Atlantic Ocean including their tributaries and canals between Sandy Hook and Bay Head, N.J.; bridges.

(a) The owners of or agencies controlling drawbridges shall provide the appliances and the personnel necessary for the safe, prompt and efficient operation of the draws.

(b) Drawbridges shall be opened promptly for the passage of any vessel or other watercraft unable to pass under the closed spans, except as hereinafter provided.

(c) Signals-(1) Call signals for opening of draw-(i) Sound signal. Three distinct blasts of a whistle, horn or megaphone, or three loud and distinct strokes of a bell, sounded within a reasonable hearing distance of the bridge.

(ii) Visual signal. To be used in conjunction with sound signals when conditions are such that sound signals cannot be heard. A white flag by day, a white light by night, swung in full circles at arm's length in full sight of the bridge and facing the draw.

(2) Acknowledging signals by bridge operator-(i) Sound signals. Draw to be opened immediately: Same as call signal. Draw cannot be opened immediately, or, if open, must be closed immediately: Two long distinct blasts of a whistle, horn or megaphone, or two loud and distinct strokes of a bell, to be repeated at regular intervals until acknowledged by the vessel.

(ii) Visual signals. To be used in conjunction with sound signals when conditions are such that sound signals cannot be heard. Draw to be opened immediately: A white flag by day or a green light at night swung up and down vertically a number of times in full sight of the vessel. Draw cannot be opened immediately, or, if open, must be closed immediately: A red flag by day, a red light by night, swung to and fro horizontally in full sight of the vessel, to be repeated until acknowledged by the vessel.

(3) Acknowledging signals by the vessel. Vessels or other water craft having signaled for the opening of the draw and having received a signal that the draw cannot be opened immediately, or if open must be closed immediately, shall acknowledge said signal by one long blast followed by a short blast, or by swinging to and fro horizontally a red flag by day and a red light by night.

(d) Trains, automobiles, trucks, and other vehicles, vessels or other water craft shall not be stopped or manipulated in a manner hindering or delaying the operation of these drawbridges, but all passage over drawspans or through draw openings shall be so as to expedite both land and water traffic.

(e) The owners of or agencies controlling these bridges shall provide and keep in good legible condition two board gages painted white, with black figures not less than 8 inches high, to indicate the headroom clearance under the closed drawspan at all stages of the tide. The gages shall be so placed on the bridge that they will be plainly visible to the operator of the vessel approaching the bridge either up or downstream.

(f) These drawbridges shall not be required to open for craft carrying appurtenances unessential for navigation which extend above the normal superstructure. Military masts shall be considered as part of the normal superstructure. Upon request, the District Commander in charge of the locality will cause inspection to be made of the superstructure and appurtenances of any craft habitually frequenting those waterways, with a view to adjusting any differences of opinion in this matter between the vessel owner and the bridge owner.

(g) Copies of the regulations in this section shall be conspicuously posted on both the upstream and downstream sides of the bridges in such manner that it can be easily read at any time. (h)-(i) [Reserved]

(j) The general regulations contained in paragraphs (a) to (g) inclusive, of this section shall apply to all bridges except as modified by the spe

cial regulations contained in this paragraph.

(1) Lemon Creek, N.Y.; the City of New York highway bridge at Bayview Avenue, Borough of Richmond, Staten Island, New York. The draw need not be opened for the passage of vessels between the hours of 4:00 p.m. and 8:00 a.m. from November 1, to March 31, inclusive, and between the hours of 10:00 p.m. and 6:00 a.m. from April 1, to May 15, inclusive, and from October 16, to October 31, inclusive.

(2) Shark River, N.J. (i) For the purposes of the regulations in this paragraph, the Route 71, the New York and Long Branch Railroad Company and the Route 35 bridges, being less than 800 feet apart, shall be considered and operated as a unit. The owners thereof shall provide and install, for uninterrupted service, systems of electric signals on their respective bridges, so connected that the operator of any of the bridges may thereby simultaneously notify, by signal, the operators of all the other drawbridges of the desire of any vessel or other watercraft to pass through the draws. The operator of the first bridge to be passed by an approaching vessel or other watercraft shall be responsible for observing the approach of such vessel or other watercraft toward the bridge, for receiving and acknowledging the signal or notice for passing, and for communicating to the operators of the other bridges, the intention of such vessel or other watercraft to pass.

(ii) Except as otherwise provided in paragraph (j)(2) (iii) and (iv) of this sction from May 15, to September 30, inclusive, on Saturdays, Sundays, Memorial Day, Independence Day and Labor Day, between the hours of 9:00 a.m. and 9:00 p.m., and on weekdays, between the hours of 4:00 p.m. and 7:00 p.m., the lift span of the Route 71, the New York and Long Branch Railroad Company and the Route 35 bridges shall not be required to open except at half-hourly intervals on the hour and half-hour, for those vessels or other watercraft waiting to pass through the draws, provided that when once opened the passage of any vessel or craft the said bridge or

bridges shall remain open sufficiently long to permit the passage of all vessels or craft which may be engaged in passing or which may be presenting themselves for passage.

(iii) The draws shall be opened promptly on signal for the passage of vessels in the event of emergencies.

(iv) The draws shall be opened promptly at any time for the passage of vessels owned, controlled or employed by the United States Government, the State government or municipal and local governments.

(2-a) Shrewsbury River, Route 36 bridge near Highland Beach. The draw shall open on signal except that from Memorial Day through Labor Day on Saturdays, Sundays, and holidays from 10 a.m. to 7 p.m., the draw need open only on the hour and one half hour if any vessels are waiting to pass. (3) Shrewsbury River (South Branch), N.J. (i) Monmouth County bridge between the Boroughs of Rumson and Sea Bright. From May 15 to September 30, inclusive, of each year, on Saturdays, Sundays, Memorial Day, Independence Day, and Labor Day, between the hours of 11 a.m., e.d.s.t., and 7 p.m., e.d.s.t., openings of the draw shall be made only if necessary, every half-hour on the hour and half-hour.

(ii) The draw shall not be opened for a sailboat unless it is propelled by auxiliary power or is towed by a powered vessel.

(4) Route 35 drawbridge across Cheesequake Creek at Morgan, South Amboy, N.J.: The draw shall be opened promptly on signal at all times, except that between the hours of 7 a.m. to 7 p.m. from May 15 through October 15 the draw need be opened only on the hour.

(5) Debbies Creek, Manasquan, N.J. The draw shall open on signal except that from Memorial Day through Labor Day from 7 a.m. to 8 p.m. the draw need open only on the hour and half hour if any vessels are waiting to pass.

(6) New York and Long Branch railroad bridge across Cheesequake Creek. The draw shall open on signal except at the following times the draw shall