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ER 1145-2-301 
1 July 68 
d. The format and issuance of notices of a public hearing, 
actions of the District Engineer prior thereto, conduct of the hearing, 
and actions of the District Engineer subsequent thereto will conform 
to the instructions contained in ER 1135-2-5 dated 14 April 1967. 
9. Publication of Regulations. 
a. Regulations prescribed by or under the direction of the 
Secretary of the Army to govern navigation and navigable waters, including 
general, danger zone, restricted area, dumping grounds, fishing and 
hunting, and navigation regulations, are contained in the Code of 
Federal Regulations, Title 33, Navigation and Navigable Waters, Chapter II. 
b. District Engineers (or Division Engineers if considered 
preferable by the latter to avoid duplication in cases where the regu- 
lations involved apply to more than one district) will distribute 
copies of departmental regulations to all known interested parties as 
soon as their publication has been noted in the FEDERAL REGISTER. In 
' the case of regulations applicable to more than one division, distri- 
bution will be handled as agreed upon by the Division Engineers concerned. 
Under section 4(c) of the Administrative Procedure Act approved 11 June 
1946 (60 Stat. 238; 5 U.S.C. 1003 (c)), publication in the FEDERAL 
REGISTER shall be not less than 30 days prior to the effective date 
except as otherwise provided upon good cause found and published with 
the regulations. The following note will be included: 
These rules and regulations will be in full force and 
effect on 3 public notices of their approval were sent to 
all known interested parties on 3; they have been posted at 
postoffices and other public places. 
10. Structures or Other Work in Navigable Waters. 
a. Section 9 of the River and Harbor Act approved 3 March 
1899 (30 Stat. 1151; 33 U.S.C. 401) makes it unlawful to construct 
any bridge, dam, dike, or causeway over or in any navigable water of 
the United States until the proper legal authority has been obtained 
and until the location and plans have been approved by the Chief of 
Engineers and the Secretary of the Army. Section 6(g) of the Department 
of Transportation Act (80 Stat. 931) approved 15 October 1966 transferred 
to and vested in the Secretary of Transportation the authority to 
