33 C.F.R. § 115.40

Bridge repairs

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Repairs to a bridge which do not alter the clearances, type of structure, or any integral part of the substructure or superstructure or navigation conditions, but which consist only in the replacement of worn or obsolete parts, may, if the bridge is a legally approved structure, be made as routine maintenance without a formal permit action from the U.S. Coast Guard.

[CGFR 67-46, 32 FR 17771, Dec. 12, 1967, as amended by USCG-2012-0306, 77 FR 37314, June 21, 2012]

Notes of Decisions

Cited in 2 cases, 1974–1987 · leading case: In Re Silver Bridge Disaster Litig., 381 F. Supp. 931 (S.D.W. Va 1974).

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In Re Silver Bridge Disaster Litig., 381 F. Supp. 931 (S.D.W. Va 1974). “’ ” In contrast, 33 C.F.R. § 115.40 on bridge repairs provides : Repairs to a bridge which do not alter the clearances, type of structure, or any integral part of the substructure or superstructure or navigation conditions, but which consist only in the replacement of worn or…”

New York State Thruway Auth. v. Dufel, 129 A.D.2d 44 (N.Y. App. Div. 1987). “Further, the Federal regulations contain an exception for repairs to bridges which do not alter the clearances, type of structure, or integral part of the substructure or superstructure (33 CFR 115.40). Therefore, we agree with Supreme Court that the State has not violated 6…”

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