[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: 33CFR245.50]



[Page 347]

 

                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.  245.50  Removal by Corps of Engineers.



    (a) Non-emergency situations. In non-emergency situations, the 

District Engineer may undertake removal action (within the limits of 

delegation) after all of the following conditions have been met:

    (1) A determination has been made, in consultation with the Coast 

Guard, that the obstruction is a hazard to navigation,

    (2) The District Engineer and the Coast Guard agree on a course of 

action which includes the need for removal (or, if a conflict exists, 

the need for removal has been resolved at higher level),

    (3) The District Engineer has made a reasonable attempt to identify 

the owner, operator, or lessee, and

    (4) Abandonment of the wreck or obstruction has been established.

    (b) Emergency actions. In emergency situations, the District 

Engineer may bypass (within the limits of delegation) any or all of the 

four conditions in the preceding paragraph if, in his judgment, 

circumstances require more immediate action, and if either one of the 

following conditions are met:

    (1) The obstruction impedes or stops navigation, or

    (2) The obstruction poses an immediate threat to life, property, or 

a structure that facilitates navigation.