Kennebec River, Maine; Maine State Highway Commission highway and railroad bridge (Carlton Bridge) between Bath and Woolwich.

Kennebec River, Maine; Maine State Highway Commission bridges between Richmond and Dresden and between Gardiner and Randolph. Presumpscot River, Portland, Maine; bridge (highway) at Martins Point, Portland, Maine. Back Cove, Portland, Maine; Canadian National Railway bridge. Fore River, Portland Harbor, Maine; bridge (highway), known as "Portland Bridge."

Kennebunk River, Maine Dock Square Highway Bridge between Kennebunk and Kennebunkport, Maine.

Piscataqua River, Maine and N.H. Bellamy River, N.H.; bridge (highway) between Cedar Point and Dover Point, N.H.

Little Harbor, N.H.; bridge (highway) between Rye and New Castle, N.H.

Hampton River, N.H.; bridge (highway) between Seabrook and Hampton Beaches, N.H.

Merrimack River, Mass.

Plum Island River, Mass.; bridge (highway).

Manchester Harbor Mass.; Boston and Maine Railroad Bridge at Manchester.

way and railroad).

117.65

Danvers River, Mass.; bridges (high

Boston Harbor, Mass., and adjacent waters; bridges.

North River, Mass.; State of Massachusetts highway bridge between Scituate and Marshfield.

Cape Cod Canal, Mass.

Acushnet River, Mass.; State of Massachusetts bridge between New Bedford and Fairhaven. Apponaganset River, Mass.; Padanarum Highway Bridge at South Dartmouth.

Sakonnet River, R.I.; State of Rhode Island highway bridge and New York, New Haven & Hartford Railroad Co. bridge at Tiverton. Taunton River, Mass.; bridges. Providence Harbor, R.I.; bridges. Mystic River at Mystic, Conn. Thames River, Conn.; The New York, New Haven & Hartford Railroad Co. bridge between New London and Groton.

Shaws Cove, New London Harbor, Conn.; bridge of New York, New Haven & Hartford Railroad Co. at New London, Conn.

117.77

117.80

117.81

117.87

117.90 117.95 117.100

Sec. 117.110

117.115 117.120

117.121

Niantic River, Conn.; bridges of New York, New Haven & Hartford Railroad Co., and the State of Connecticut at Niantic, Conn. Connecticut River, Conn.; bridges. New Haven Harbor, Quinnipiac

and Mill Rivers, Conn.; bridges
owned and operated by the State
of Connecticut and city of New
Haven.

West River, Kimberly Avenue
Bridge between New Haven and
West Haven, Conn.

117.125 Housatonic River, Conn.; bridges (highway and railroad) between Milford and Stratford, Conn.. known as the Washington Bridge and bridge of New York, New Haven & Hartford Railroad Co. 117.130 Poquonock and Johnsons Rivers, Conn.; bridges (highway and railroad) at Bridgeport.

117.131 Poquonock River, Grand Street Highway Bridge and Yellow Mill Channel, Yellow Mill Highway Bridge at Stratford Avenue, Bridgeport, Conn.

117.238 117.240

Navigable waters discharging into the Atlantic Ocean south of Delaware Bay (including the Lewes and Rehoboth Canal, Del.), and 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; bridges.

117.245 Navigable waters discharging into the Atlantic Ocean south of and including Chesapeake Bay and into the Gulf of Mexico, except the Mississippi River and its tributaries and outlets; bridges where constant attendance of draw tenders is not required. Cambridge Harbor, Md.; bridge. Miles River, Md.; bridge (highway) at Easton, Md.

117.270 117.280

117.370 Wappoo Creek (Atlantic

Intracoastal Waterway), S.C.; South Carolina State Highway Department bridge (State Route 700) at Charleston.

117.408 Back River, Ga.; drawbridge in the causeway between Brunswick and St. Simons Island.

117.430 St. Johns River, Fla.; Main Street, Acosta and Fuller Warren bridges, Jacksonville.

117.431

117.430a St. Johns River, Fla.; Florida State Road Department bridge between Sanford and Osteen. Ortega River, Fla.; Florida State Road Department bridge (Roosevelt Boulevard) near Jacksonville. 117.431a Black Creek, Fla.; Florida State Highway Department bridge on State Road 15 (U.S. Highway 17) and Atlantic Coast Line Railroad Co. bridge near Doctors Inlet. 117.432 Matanzas River (Intracoastal Waterway), Fla.; Bridge of Lions (State Road No. A1A) in St. Augustine.

117.432a Matanzas Pass, Fla., Florida State Road Department bridge (State Road 865) at Fort Myers Beach.

operation of Florida East Coast Railway bridges.

Canaveral Harbor Barge Canal, Fla.; Florida State Road A1A bridge on Merritt Island.

Canaveral Harbor Barge Canal, Fla.; Florida State Road 401 at Canaveral Harbor.

St. Lucie Canal, Fla.; Seaboard Air Line Railroad Co. bridge near

Indiantown.

117.439a St. Lucie Canal, Fla.; the Martin County Bridge on State Road 76A near the Arundel Shops (Palm City Farms).

117.439b Lake Worth (Intracoastal Waterway), Fla.; Singer Island Bridge, at Riviera Beach.

117.440 Lake Worth (Intracoastal Waterway), Fla.; Flagler Memorial and Royal Park bridges, Palm Beach, Fla.

117.442

117.443

Hillsboro Inlet, Fla.; State Road Department of Florida highway bridge (State Road No. A1A) near Pompano Beach, Fla. Intracoastal Waterway, Fla.; State Road Department of Florida highway bridge at Atlantic Boulevard in Pompano Beach, Fla. 117.446 New River Sound and Stranahan River (Intracoastal Waterway), Fort Lauderdale, Fla.; bridges. 117.446a Intracoastal Waterway Fla.; Hollywood Boulevard bridge, Hollywood, Fla.

117.446b Intracoastal Waterway, Fla.; Hallandale bridge at Hallandale, Fla. 117.446c New River and South Fork of New River, Fort Lauderdale, Fla.; bridges.

117.465 117.466

117.480

117.491

Hillsborough River, Tampa, Florida.
Clearwater Harbor, Fla.; the city of
Clearwater bridge (Memorial
Causeway), Clearwater, Fla.
Intracoastal Waterway, Santa Rosa
Sound, Fla.; Santa Rosa Island
Authority highway bridge be-
tween Gulf Breeze and Santa Rosa
Island, State Road 399.
Mobile River and Chickasaw Creek,
Ala.; Alabama State Highway
bridge across Mobile River and
Louisville & Nashville Railroad
Co. bridge across Chickasaw
Creek at Mobile, Ala.

117.555 Mississippi River and its navigable tributaries and outlets, including the Atchafalaya River, La., above Grand Lake; bridges.

117.560 Mississippi River and its tributaries and outlets; bridges where constant attendance of draw tenders is not required.

Trail Creek, Ind.; The Michigan Central Railroad Co. bridge, Michigan City.

Grand River and the channel at mouth of Spring Lake, Mich.; bridge.

117.690 Pine River, Charlevoix, Mich.; drawbridges.

117.692

117.695

117.700 117.703

Crooked River, Mich.; village of

Alanson bridge in Alanson, Mich. St. Marys Falls Canal, Mich.; International Bridge.

117.697 Thunder Bay River, Mich.; city of
Alpena bridge at Second Avenue.
Saginaw River, Mich.; bridges.
Pine River, Michigan; Michigan
State Highway bridge at St. Clair.
117.705 Rouge River, Mich.; Short-Cut
Canal and Rouge River between
Short-Cut Canal and Maples
Road; bridges.

117.705a Portage River, Ohio; the New York Central Railroad Co. bridge at Port Clinton, Mile 1.51.

117.706 Sandusky Bay, Ohio. 117.706a Ashtabula River, Ashtabula, Ohio, bridges.

117.707 Buffalo Harbor, N.Y.; city of Buffalo bridges across Buffalo River and Buffalo Ship Canal.

117.707a Niagara River; City of Buffalo Ferry Street bridge across Black Rock Channel.

Sec.

117.800

117.801

117.805

Lake Washington, Wash.; pontoon
bridge between Seattle and Mer-
cer Island, Wash.

Lake Washington, Wash.; pontoon
bridge between Foster Island and
Evergreen Point, Wash.
Snohomish River, Steamboat
Slough, and Ebey Slough, Wash.;
bridges.

117.810 Navigable waters in the State of Washington; bridges where constant attendance of draw tenders is not required.

117.815 Pend Oreille Lake, Idaho; bridge of Northern Pacific Railway Co. near Sandpoint.

117.900 Honolulu Harbor, Hawaii; Kalihi Channel Bridge.

AUTHORITY: The provisions of this Part 117 issued under sec. 5, 28 Stat. 362, as amended, sec. 6(g), 80 Stat. 941; 33 U.S.C. 499, 49 U.S.C. 1655 (g); Department of Transportation Order 1100.1, March 31, 1967: 49 CFR 1.4(a) (3) (v); unless otherwise noted.

SOURCE: The provisions of this Part 117 contained in CGFR 67-46, 32 F.R. 17774, Dec. 12, 1967, unless otherwise noted. § 117.1

General.

(a) The operation of drawbridges, in the absence of specific regulations in this part, shall be as required by section 5 of the act of August 18, 1894, as amended (28 Stat. 362; 33 U.S.C. 499). It shall be the duty of persons owning, operating, and tending drawbridges built across navigable waters of the United States, to open, or cause to be opened, the draws of such bridges under such rules and regulations as in the opinion of the Commandant the public interests require. Insofar as criminal liability on the part of the bridge owner is concerned, the Commandant is of the opinion that, in the absence of Federal regulations, there is no Federal authority requiring the opening of any drawbridge to which the General Bridge Act of March 23, 1906, does not apply. With reference to the civil liability of the bridge owner, however, it has been held that the duty to take proper care of a bridge includes the duty to make proper provision for the passage of vessels through the draw. In constructing a bridge with a draw, and in undertaking to open and manage the draw so as to allow vessels to pass, the owner has recognized the right of vessels to pass through without any appeal to the national authority to protect that right. Having thus recognized the rights of commerce, and undertaken to provide