[Federal Register: September 8, 2004 (Volume 69, Number 173)]
[Rules and Regulations]
[Page 54215-54216]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08se04-9]
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DEPARTMENT OF DEFENSE
Department of the Army; Corps of Engineers
33 CFR Part 277
Water Resources Policies and Authorities: Navigation Policy: Cost
Apportionment of Bridge Alterations; Correction
AGENCY: Army Corps of Engineers, DoD.
ACTION: Correcting amendments.
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SUMMARY: This document contains corrections to the rule published May
30, 1979 on cost apportionment of bridge alterations. This correcting
amendment deletes references to Corps of Engineers and U.S. Coast Guard
guidance that no longer exists or has been superseded, provides correct
references to current Corps and Coast Guard guidance, and makes it
clearer that the Corps of Engineers and the Coast Guard each has its
own implementing procedures for cost apportionment of bridge
alterations.
DATES: Effective June 30, 2004.
FOR FURTHER INFORMATION CONTACT: Harry Kitch, CECW-CP (202) 761-4127,
Kirby Fowler CECW-PC/SAD (202) 761-1765, Headquarters, U.S. Army Corps
of Engineers, Washington, DC.
SUPPLEMENTARY INFORMATION: 33 CFR part 277 contains the Corps of
Engineers implementing guidance for apportioning costs of bridge
alterations made as part of Civil Works projects accomplished under
Corps of Engineers authorities. The primary purpose of this correcting
amendment is to make it more clear within the text of 33 CFR part 277
that the Corps of Engineers and the U.S. Coast Guard maintain separate
cost apportionment implementing procedures, and that each agency uses
its own implementing procedures under its respective authorities.
In addition, since 33 CFR part 277 has not been revised since its
publication in the Federal Register in 1979, some internal Corps
guidance documents referenced in 33 CFR part 277 have changed, as has a
referenced U.S. Coast Guard guidance document. These references are
updated. A few Corps terms of self-reference are updated.
The change at Sec. 277.6, Basic Policies, paragraph (a), is merely
to remove a
[[Page 54216]]
parenthetical reference to an Engineering Regulation that no longer
exists.
The change at Sec. 277.7, Coordination with the U.S. Coast Guard,
is to remove the parenthetical instruction to see the referenced
Engineering Pamphlet for a copy of a Corps-Coast Guard Memorandum of
Agreement. The Pamphlet has been revised and it no longer contains a
copy of the agreement. Reference to the Pamphlet is retained as it
continues to list the agreement as being in force.
List of Subjects in 33 CFR Part 277
Bridges, Navigation (water).
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Accordingly, 33 CFR part 277 is corrected by making the following
correcting amendments:
PART 277--WATER RESOURCES POLICIES AND AUTHORITIES: NAVIGATION
POLICY: COST APPORTIONMENT OF BRIDGE ALTERATIONS
0
1. The authority citation for part 277 continues to read as follows:
Authority: Sec. 2, River and Harbor Act of 1920, 41 Stat. 1009,
June 5, 1920; 33 U.S.C. 547.
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2. Revise Sec. 277.2 to read as follows:
Sec. 277.2 Applicability.
This regulation applies to all HQUSACE elements and all USACE
Commands having Civil Works responsibilities. For bridges altered under
U.S. Coast Guard authority pursuant to the Truman-Hobbs Act (33 U.S.C.
511-524), the U.S. Coast Guard regulations codified at 33 CFR part 116
apply.
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3. Revise paragraphs (c), (d), and (e) of Sec. 277.3 to read as
follows:
Sec. 277.3 References.
* * * * *
(c) Coast Guard reference: COMDT (G-OPT-3), Exemplification-
Principles of Apportionment of Cost for Alteration of Obstructive
Bridges under the Provisions of Act of Congress June 21, 1940 (as
amended); File No. 16592.
(d) ER 1105-2-100.
(e) EP 1165-2-2 Appendix C.
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4. Revise paragraph (a) of Sec. 277.6 to read as follows:
Sec. 277.6 Basic policies.
(a) The cost apportionment principles of 33 U.S.C. 516 are
applicable to the costs of bridge alterations recommended by reporting
officers in the interest of navigation during preauthorization
planning, including studies conducted under the Continuing Authorities
Program.
* * * * *
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5. Revise Sec. 277.7 to read as follows:
Sec. 277.7 Coordination with the U.S. Coast Guard.
In accordance with an agreement signed by the Chief of Engineers on
18 April 1973 (EP 1165-2-2), reporting officers shall consult with the
Coast Guard on contemplated and recommended navigation improvements
which involve the consideration of bridge alterations. Determination of
navigational requirements for horizontal and vertical clearances of
bridges across navigable waters is a responsibility of the Coast Guard.
The Chief of Engineers shall coordinate preauthorization feasibility
reports, which include recommended bridge alterations, with the
Commandant, U.S. Coast Guard.
Dated: August 27, 2004.
Don T. Riley,
Brigadier General, U.S. Army, Director of Civil Works.
[FR Doc. 04-20346 Filed 9-7-04; 8:45 am]
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