[Federal Register Volume 59, Number 116 (Friday, June 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14763]


[[Page Unknown]]

[Federal Register: June 17, 1994]


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DEPARTMENT OF DEFENSE
Corps of Engineers

33 CFR Part 209

 

Administrative Procedure--Shipping Safety Fairways and Anchorage 
Areas, Gulf of Mexico; Guidelines for the Industry Capability Program

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Final rule.

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SUMMARY: The Corps is revoking the regulations in 33 CFR 209.135 and 
209.147. The regulations in Sec. 209.135 prohibit structures within 
shipping safety fairways in the Gulf of Mexico and prescribe certain 
conditions for nationwide permits issued by the Corps for temporary 
anchors and chains for floating or semisubmersible drilling rigs. 
Similar rules were promulgated in 33 CFR 322.5 and through an 
oversight, the rules of Section 209.135 were not revoked at that time. 
Section 209.147 which establish the Guidelines for the Industry 
Capability Program is no longer needed and these guidelines are 
removed.

EFFECTIVE DATE: June 17, 1994.

ADDRESSES: HQUSACE, CECW-OR, Washington, DC 20314-1000.

FOR FURTHER INFORMATION CONTACT: Mr. Ralph T. Eppard at (202) 272-1783.

SUPPLEMENTARY INFORMATION: The Corps published rules pertaining to 
shipping safety fairways in 33 CFR 322.5(1) on November 13, 1986, (51 
FR 41206-41260) to consolidate all permit matters under the same 
section. These rules replaced the rules in 33 CFR 209.135 and the Corps 
intended to subsequently revoke the rules in Sec. 209.135. The rules in 
Sec. 209.135 are duplicative and unnecessary. Pursuant to its general 
authorities to operate and maintain Federal navigation projects, the 
Corps conducted a study to determine the capability of the dredging 
industry to accomplish the Government's dredging work at reasonable 
costs and in a timely manner. The Guidelines in 33 CFR 209.147 provided 
uniform procedures to evaluate Corps/Industry roles over a four-year 
period. That study has been completed and accordingly, these Guidelines 
are no longer needed.
    The Corps has determined that notice of proposed rulemaking and 
public procedures thereto are unnecessary and impractical in this 
instance since this action will only remove obsolete materials from the 
CFR.

Economic Assessment and Certification

Regulatory Flexibility Act

    Pursuant to the provisions of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.), it is certified that the removal of these 
regulations will not have a significant economic impact on a 
substantial number of small entities. The removal of these two 
regulations will not have any effect on the public, any private 
enterprise or any Government agency. This action will result in the 
removal of two obsolete regulations from the CFR.
    Executive Order 12866: This document does not meet the criteria for 
a significant regulatory action as specified in E.O. 12866.

List of Subjects in 33 CFR Part 209

    Electric power, Navigation (water), Water pollution control, 
Waterway.
    In consideration of the above, 33 CFR Part 209 is amended as set 
forth below.

PART 209--ADMINISTRATIVE PROCEDURE

    1. The authority citation for Part 209 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 33 U.S.C. 1; 10 U.S.C. 3012


Sec. 209.135  [Removed]

    2. Section 209.135 is removed.


Sec. 209.147  [Removed]

    3. Section 209.147 is removed]

    Dated: June 9, 1994.

    Approved:
Stanley G. Genega,
Major General, U.S. Army, Director of Civil Works.
[FR Doc. 94-14763 Filed 6-16-94; 8:45 am]
BILLING CODE 3710-92-M