Rule2023-00538
Water Resources Policies and Authorities: Navigation Policy: Cost Apportionment of Bridge Alterations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 17, 2023
Effective
January 17, 2023
Issuing agencies
Defense DepartmentEngineers Corps
Abstract
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 Each removed section of this part is out-of-date and otherwise covers internal agency operations that have no public compliance component or adverse public impact.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.
Full Text
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<title>Federal Register, Volume 88 Issue 10 (Tuesday, January 17, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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part is out-of-date and otherwise covers internal agency operations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 <a href="/cdn-cgi/l/email-protection#aaebc7d384e184ecd8cbc4ded0eadfd9cbc9cf84cbd8c7d384c7c3c6"><span class="__cf_email__" data-cfemail="cf8ea2b6e184e189bdaea1bbb58fbabcaeacaae1aebda2b6e1a2a6a3">[email protected]</span></a>.
[[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 <a href="https://www.publications.usace.army.mil/Portals/76/Publications/EngineerRegulations/ER_1165-2-25.pdf?ver=2013-09-08-233442-167">https://www.publications.usace.army.mil/Portals/76/Publications/EngineerRegulations/ER_1165-2-25.pdf?ver=2013-09-08-233442-167</a>). 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]
BILLING CODE 3720-58-P
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</html>Indexed from Federal Register on January 17, 2023.
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