[Federal Register Volume 62, Number 31 (Friday, February 14, 1997)]
[Rules and Regulations]
[Pages 6877-6878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3710]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 330, Appendix A


Nationwide Permits and Conditions

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

ACTION: Final rule.

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SUMMARY: The Corps is removing Appendix A to 33 CFR Part 330. Appendix 
A contains a listing of the nationwide permits and conditions issued on 
November 21, 1991, which expired on January 21, 1997. On December 13, 
1996, the Corps published a Notice in the Federal Register (61 FR 
65874-65922) of the issuance, reissuance and modification of the 
nationwide permits and conditions, effective February 11, 1997. The 
removal of Appendix A is merely a ``housekeeping'' measure which 
removes obsolete materials from the Federal Register and does not 
affect the nationwide permits issued, reissued or modified or the 
conditions in the Notice issued on December 13, 1996.

EFFECTIVE DATE: January 22, 1997.

ADDRESSES: HQUSACE, CECW-OR, Washington, D.C. 20314-1000.

FOR FURTHER INFORMATION CONTACT:
Mr. Sam Collinson, Regulatory Branch, CECW-OR at (202) 761-0199, or Mr. 
Tim Zimmerman, CECW-OR at (202) 761-0571.

SUPPLEMENTARY INFORMATION: On November 22, 1991, the Corps published a 
final rule in the Federal Register amending the nationwide permit 
program regulations in 33 CFR Part 330. In that final rule, we stated 
that upon expiration of the existing nationwide permits, we would issue 
the permits separately from the regulations governing their use and 
rescind Appendix A of 33 CFR Part 330 Appendix A. Consequently, the 
nationwide permits will no longer appear in the Code of Federal 
Regulations (CFR), but will be published in the Notice section of the 
Federal Register and announced, with regional conditions, in public 
notices issued by Corps district offices and included on the Internet. 
the nationwide permits have now been published in the Federal Register 
on December 13, 1996, using the procedures adopted on November 22, 
1991, for issuance, reissuance, modification, and revocation of 
nationwide permits. The previous nationwide permits published at 33 CFR 
Part 330, Appendix A, expired on January 21, 1997, and are no longer in 
effect. Therefore, we are removing Appendix A from the CFR. This action 
does not affect any projects that qualified for the grandfather 
provisions under 33 CFR 330.6(b).

Procedural Requirements

A. Review Under Executive Order 12866

    The Corps had determined that this document does not contain major 
rule requiring a Regulatory impact analysis because it will not result 
in an annual effect on the economy of $100 million or more and it will 
not result in a major increase in costs or services.

B. Review Under the Regulatory Flexibility Act

    These rules have been reviewed under the Regulatory Flexibility Act 
(Pub. L. 96-354), which requires that preparation of a regulatory 
flexibility analysis for any regulation that will have a significant 
economic impact on a substantial number of small entities (i.e., small 
businesses and small Governments). The Corps expects that the economic 
impact of the removal of the expired nationwide permits published on 
November 22, 1991, from the CFR would have no impact on the public, and 
accordingly, certifies that this proposal will have no significant 
economic impact on small entities.

C. Review Under the National Environmental Policy Act

    We have concluded, based on the minor nature of this editorial 
change that this removal of the expired nationwide permits from the CFR 
at the time of their expiration date will not have significant impact 
to the human environment, and preparation of an environmental impact 
statement is not required.

D. Unfunded Mandates Act

    This rule does not impose an enforceable duty among the private 
sector and, therefore, is not a Federal private sector mandate and is 
not subject to the requirements of Section 202 or 205 of the Unfunded 
Mandates Act. We have also found under Section 203 of the Unfunded 
Mandates Act, that small Governments will not be significantly and 
uniquely affected by this action.

E. Submission to Congress and the General Accounting Office

    Pursuant to Section 801(a)(1)(A) of the Administrative Procedure 
Act as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996, the Army has submitted a report containing this rule to 
the U.S. Senate, House of Representatives, and the Comptroller General 
of the General Accounting Office, prior to the effective date of this 
rule in the Federal Register. This rule is not a major rule within the 
meaning of Section 804(2) of the Administrative Procedure Act, as 
amended.

[[Page 6878]]

List of Subjects in 33 CFR Part 330

    Administrative practice and procedure, Intergovernmental relations, 
Navigation (water), Water pollution control, and Waterways.

    For the reasons set out in the preamble, we are hereby amending 33 
CFR Part 330, as follows:

PART 330--NATIONWIDE PERMIT PROGRAM

    1. The authority citation for Part 330 continues to read as 
follows:

    Authority: 33 U.S.C. 401 et seq.; 33 U.S.C. 1344; and 33 U.S.C. 
1413.

Appendix A to Part 330--[Removed]

    2. Part 330 is amended by removing Appendix A.

    Dated: February 4, 1997.
Russell L. Fuhrman,
Major General, USA, Director of Civil Works.
[FR Doc. 97-3710 Filed 2-13-97; 8:45 am]
BILLING CODE 3710-92-M