[Federal Register Volume 69, Number 173 (Wednesday, September 8, 2004)]
[Rules and Regulations]
[Pages 54215-54216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20346]


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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guidance that no longer exists or has been superseded, provides correct 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).

0
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.

0
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.

0
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.

0
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.
* * * * *

0
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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