[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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