[Federal Register Volume 62, Number 92 (Tuesday, May 13, 1997)]
[Rules and Regulations]
[Pages 26229-26230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12433]


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DEPARTMENT OF DEFENSE

Corps of Engineers, Department of the Army

33 CFR Part 325


Processing of Department of the Army Permits

AGENCY: Army Corps of Engineers, DoD.

ACTION: Final rule.

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SUMMARY: The Corps is making several minor editorial changes to its 
permit regulations to reflect a change in the title of a Division 
Office in the National Ocean Service (NOS), National Oceanic and 
Atmospheric Administration and the Agency's change of address. This 
amendment is necessary because Corps regulations require notification 
of the NOS by Corps Districts and permittees under certain 
circumstances.

EFFECTIVE DATE: May 13, 1997.

FOR FURTHER INFORMATION CONTACT:
Mr. Ralph Eppard, HQUSACE, Regulatory Branch, CECW-OR at (202) 761-
1783.

SUPPLEMENTARY INFORMATION: Pursuant to its authorities in sections 9 
and 10 of the Rivers and Harbors Act of 1899 and section 404 of the 
Clean Water Act, the Corps issued regulations for the Regulatory 
Program in 33 CFR 320-330. In Sec. 325.2(a)(9) (i) and (iii) and 
Sec. 325.3(d)(2)(ii), and Appendix A-Permit Form and Special 
Conditions, a reference is made to the Charting and Geodetic Services, 
N/CG222, National Ocean Service, NOAA, Rockville, Maryland 20852. The 
correct identity and address for that Agency has changed and is now the 
National Ocean Service, Office of Coast Survey, N/CS261, 1315 East West 
Highway, Silver Spring, Maryland 20910-3282.
    No other changes are being made to the permit regulations.

Procedural Requirements:

a. Review Under Executive Order 12866

    The amendments contained in this rule are editorial and only 
reflect

[[Page 26230]]

another Federal Agency's internal reorganization and address change. 
There is no known impact on the public.

b. Review Under the Regulatory Flexibility Act

    These rules have been reviewed under the Regulatory Flexibility Act 
(Pub. L. 96-354), which requires the 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 these changes to permit regulations will 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

    An environmental assessment has been prepared for the Regulations 
in 33 CFR parts 320-330. We have concluded based on the minor nature of 
these editorial changes to the permit regulations that these amendments 
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 Act, that 
small governments will not be significantly and uniquely affected by 
this rulemaking.

e. Submission to Congress and the GAO

    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 Corps has determined that submittal of this rule to 
the U.S. Senate, House of Representatives, and the Comptroller General 
of the General Accounting Office is not required. This rule reflects a 
change in agency organization and its relocation, corrects outdated 
materials in Department of the Army regulations. This is not a major 
rule within the meaning of Section 804(2) of the Administrative 
Procedure Act, as amended.

List of Subjects in 33 CFR Part 325

    Administrative practice and procedure, Environmental protection, 
Intergovernmental relations, Navigation, Water pollution control, 
Waterways.

    For the reasons set out in the preamble, we are amending 33 CFR 
part 325, as follows:

PART 325--[AMENDED]

    1. The authority citation for Part 325 continues to read as 
follows:

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


Secs. 325.2 and 325.3  [Amended]

    2. In 33 CFR 325.2(a)(9) (i) and (iii) and 325.3(d)(2)(ii) remove 
the words ``Charting and Geodetic Services N/CG222, National Ocean 
Service, NOAA, Rockville, Maryland 20852'' and add in their place the 
words ``National Ocean Service, Office of Coast Survey, N/CS261, 1315 
East West Highway, Silver Spring, Maryland 20910-3282''.


Appendix A--Permit Form and Special Conditions  [Amended]

    3. In Appendix A--Permit Form and Special Conditions, under heading 
B. Special Conditions, special condition #5, remove the words ``The 
Director, National Ocean Service (N/CG222 , Rockville, Maryland 20852'' 
and add in their place the words ``National Ocean Service, Office of 
Coast Survey, N/CS261, 1315 East West Highway, Silver Spring, Maryland 
20910-3282''.

    Dated: May 1, 1997.

    Approved.
    For the Commander:
Charles M. Hess,
Chief, Operations, Construction and Readiness Division, Directorate of 
Civil Works.
[FR Doc. 97-12433 Filed 5-12-97; 8:45 am]
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