[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR209.180]

[Page 142]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 209--ADMINISTRATIVE PROCEDURE--Table of Contents
 
Sec. 209.180  Temporary closure of waterway to navigation.

    (a) When an application is received for the temporary closure of a 
waterway for the construction of a structure or the performance of other 
work in the waterway, the District Engineer will assure himself of the 
necessity for the closure and arrange after informal communication with 
any important navigation interests concerned the time and duration of 
the closure which will enable the operations to be completed with the 
least interference with navigation. If there is no question as to the 
necessity and propriety of the closure, the District Engineer is 
authorized to inform the applicant as follows: ``The Department of the 
Army will interpose no objection to the closure for a stated period 
beginning at a specified date: Provided, That prior thereto the 
applicant will notify navigation interests by an advertisement in the 
press or otherwise as the District Engineer may approve and on the 
understanding that the waiver of objection does not affect the liability 
of the applicant for any damages that may arise by reason of the 
closure.'' The letter to the applicant will be signed ``By Authority of 
the Secretary of the Army'' and distribution made as prescribed for 
permits.
    (b) District Engineers will give careful consideration to the effect 
of any closure on through navigation. Should coordination with other 
districts be necessary the case will be forwarded to the Division 
Engineer for such coordination.
    (c) Cases not falling within the authority above conferred will be 
forwarded to the Chief of Engineers with the recommendations of the 
Division and District Engineers.