[Federal Register Volume 88, Number 10 (Tuesday, January 17, 2023)]
[Rules and Regulations]
[Pages 2525-2526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00538]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 277

[COE-2020-0012]
RIN 0710-AB35


Water Resources Policies and Authorities: Navigation Policy: Cost 
Apportionment of Bridge Alterations

AGENCY: U.S. Army Corps of Engineers, Department of Defense.

ACTION: Final rule.

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SUMMARY: This final rule removes the U.S. Army Corps of Engineers' part 
titled Water Resources Policies and Authorities: Navigation Policy: 
Cost Apportionment of Bridge Alterations. Each removed section of this 
part is out-of-date and otherwise covers internal agency operations 
that have no public compliance component or adverse public impact. 
Therefore, this part can be removed from the CFR.

DATES: This rule is effective on January 17, 2023.

ADDRESSES: Department of the Army, U.S. Army Corps of Engineers, ATTN: 
CECW-EC (Mr. Robert Bank), 441 G Street NW, Washington, DC 20314-1000.

FOR FURTHER INFORMATION CONTACT: Ms. Amy K. Frantz at (202) 761-0106 or 
by email at [email protected].

[[Page 2526]]


SUPPLEMENTARY INFORMATION: This final rule removes 33 CFR part 277, 
Water Resources Policies and Authorities: Navigation Policy: Cost 
Apportionment of Bridge Alterations. The rule was initially published 
in the Federal Register on May 30, 1979 (44 FR 31129). The regulation 
was promulgated to adapt Coast Guard procedures under the Truman-Hobbs 
Act in 33 U.S.C. 516 to Corps navigation project feasibility plan 
formulation, with regard to apportionment of costs between Bridge 
Owners and the Government, when the Government requires bridge 
alteration to avoid obstruction of navigation. The underlying Coast 
Guard procedures for bridge alteration cost apportionment at 33 CFR 
116.50 were updated in 1995 (60 FR 20902) while the Corps' regulation 
was never subsequently amended. The calculations for the cost 
apportionment are the responsibility of the Coast Guard and the Corps 
uses the current Coast Guard calculations in planning formulations for 
new projects when they involve bridges falling under the Truman-Hobbs 
Act. The rule was published, at that time, in the Federal Register to 
aid public accessibility. The solicitation of public comment for this 
removal is unnecessary because the rule is out-of-date and otherwise 
covers internal agency operations that have no public compliance 
component or adverse public impact. Applicable guidance on bridge 
alteration cost apportionment is found in current Coast Guard 
procedures at 33 CFR 116.50, Apportionment of costs under the Truman-
Hobbs Act. For current public accessibility purposes, the internal 
implementing process for the applicable guidance is in Engineer 
Regulation 1165-2-25, ``Navigation Policy: Cost Apportionment of Bridge 
Alterations'' (available at https://www.publications.usace.army.mil/Portals/76/Publications/EngineerRegulations/ER_1165-2-25.pdf?ver=2013-09-08-233442-167). The agency policy is only applicable to field 
operating activities having Civil Works responsibilities and provides 
guidance specific to the Corps' policies and guidelines for the 
apportionment of bridge alteration costs required in connection with 
navigation improvements recommended in reports transmitted to the Chief 
of Engineers for approval or submitted to Congress for authorization.
    This rule removal is being conducted to reduce confusion for the 
public as well as for the Corps regarding the current policy which 
governs the Corps' cost apportionment of bridge alterations. Because 
the regulation does not place a burden on the public, its removal does 
not provide a reduction in public burden or costs.
    This rule is not significant under Executive Order (E.O.) 12866, 
``Regulatory Planning and Review.''

List of Subjects in 33 CFR Part 277

    Bridges, Coast Guard, Navigation (water).

PART 277--[REMOVED]

0
Accordingly, by the authority of 5 U.S.C. 301, 33 CFR part 277 is 
removed.

    Approved by:
Michael L. Connor,
Assistant Secretary of the Army (Civil Works).
[FR Doc. 2023-00538 Filed 1-13-23; 8:45 am]
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