[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: 33CFR245.30]



[Page 346]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

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

                                 DEFENSE

 

PART 245_REMOVAL OF WRECKS AND OTHER OBSTRUCTIONS--Table of Contents

 

Sec.  245.30  Identification of responsible parties.



    (a) Investigation. When marking or removal are determined to be 

appropriate remedial action and no emergency situation exists, the 

District Engineer will investigate to determine the owner or, if the 

owner cannot be determined, the lessee or operator. If cargo is 

involved, ownership will be separately determined.

    (b) Notification. If the owner or other responsible party can be 

determined, the District Engineer and/or the Coast Guard will send a 

notice, via certified mail, advising them of their legal obligation to 

mark (referencing Coast Guard requirements) and to remove the 

obstruction, and of the legal consequences for failure to do so, with a 

request for prompt reply of intent.

    (c) Public notice. If the owner or responsible party cannot be 

determined from investigation, the District Engineer will publish a 

legal advertisement in a newspaper nearest the location of the 

obstruction and in a newspaper of at least 25,000 circulation, addressed 

``To Whom It May Concern,'' requiring removal by the owner, lessee or 

operator. The advertisement will be published at least once a week for 

30 days.