[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR209.180]



[Page 151]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

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.