[Federal Register Volume 82, Number 138 (Thursday, July 20, 2017)]
[Proposed Rules]
[Pages 33470-33471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15231]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

32 CFR Part 644

33 CFR Chapter II

36 CFR Parts 312, 327, 328, 330, and 331

[COE-2017-0004]


United States Army, Corps of Engineers; Subgroup to the DoD 
Regulatory Reform Task Force, Review of Existing Rules

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

ACTION: Request for comment.

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SUMMARY: In accordance with Executive Order 13777, ``Enforcing the 
Regulatory Reform Agenda,'' the United States Army, Corps of Engineers 
Subgroup to the DoD Regulatory Reform Task Force is seeking input on 
its existing regulations that may be appropriate for repeal, 
replacement, or modification. See the Supplementary Information section 
below for additional guidance.

DATES: Interested parties should submit written comments to the address 
shown below on or before September 18, 2017, to be considered.

ADDRESSES: You may send comments, identified by docket number COE-2017-
0004, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Docket number COE-2017-0004. Follow the instructions for sending 
comments.
     Email: [email protected] and include 
docket number COE-2017-0004 in the subject line of the message.
     Mail: Headquarters, U.S. Army Corps of Engineers, Attn: 
CECW-CO-N (Ms. Mary Coulombe), 441 G Street NW., Washington, DC 20314-
1000.
     Hand Delivery/Courier: Due to security requirements, we 
cannot receive comments by hand delivery or courier.
    Instructions: Direct your comments to docket number COE-2017-0004. 
All comments received will be included in the public docket without 
change and may be made available on-line at http://www.regulations.gov, 
including any personal information provided, unless the commenter 
indicates that the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI, or otherwise protected, through regulations.gov or 
email. The regulations.gov Web site is an anonymous access system, 
which means we will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
directly to the Corps without going through regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, we recommend that you 
include your name and other contact information in the body of your 
comment and also include your contact information with any disk or CD-
ROM you submit. If we cannot read your comment because of technical 
difficulties and cannot contact you for clarification, we may not be 
able to consider your comment. Electronic comments should avoid the use 
of any special characters, any form of encryption, and be free of any 
defects or viruses.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov. All documents in the 
docket are listed. Although listed in the index, some information is 
not publicly available, such as CBI or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form.

FOR FURTHER INFORMATION CONTACT: Ms. Mary Coulombe, 202-761-1228, 
[email protected].

SUPPLEMENTARY INFORMATION: On February 24, 2017, the President signed 
Executive Order (E.O.) 13777, ``Enforcing the Regulatory Reform 
Agenda,'' which established a Federal policy ``to alleviate unnecessary 
regulatory burdens'' on the American people.
    Section 3(a) of the E.O. directs Federal agencies to establish a 
Regulatory Reform Task Force (Task Force). One of the duties of the 
Task Force is to evaluate existing regulations and ``make 
recommendations to the agency head regarding their repeal, replacement, 
or modification.'' The E.O. further asks that each Task Force ``attempt 
to identify regulations that:
    (i) Eliminate jobs, or inhibit job creation; (ii) are outdated, 
unnecessary, or ineffective; (iii) impose costs that exceed benefits; 
(iv) create a serious inconsistency or otherwise interfere

[[Page 33471]]

with regulatory reform initiatives and policies; (v) are inconsistent 
with the requirements of section 515 of the Treasury and General 
Government Appropriation Act, 2001 (44 U.S.C. 3516 note), or the 
guidance issued pursuant to that provision in particular those 
regulations that rely in whole or in part on data, information, or 
methods that are not publicly available or that are insufficiently 
transparent to meet the standard of reproducibility; or (vi) derive 
from or implement Executive Orders or other Presidential directives 
that have been subsequently rescinded or substantially modified.''
    Section 3(e) of the E.O. 13777 calls on the Task Force to ``seek 
input and other assistance, as permitted by law, from entities 
significantly affected by Federal regulations, including State, local, 
and tribal governments, small businesses, consumers, non-governmental 
organizations, trade associations'' on regulations that meet some or 
all of the criteria above. Through this notice, the United States Army, 
Corps of Engineers is soliciting such input from the public to inform 
evaluation of the United States Army, Corps of Engineers existing 
regulations by the Task Force's United States Army, Corps of Engineers 
Subgroup. Although the agency will not respond to each individual 
comment, the United States Army, Corps of Engineers may follow-up with 
respondents to clarify comments. The United States Army, Corps of 
Engineers values public feedback and will consider all input that it 
receives. In addition to the regulations listed below, we are open to 
receiving comments on other Corps of Engineers regulations as well.
    The Corps regulations subject to this review are:

 32 CFR part 644--Real Estate Handbook
 33 CFR part 203--Emergency Employment of Army and Other 
Resources, Natural Disaster Procedures
 33 CFR part 207--Navigation Regulations
 33 CFR part 208--Flood Control Regulations
 33 CFR part 209--Administrative Procedure
 33 CFR part 210--Procurement Activities of the Corps of 
Engineers
 33 CFR part 214--Emergency Supplies of Drinking Water
 33 CFR part 220--Design Criteria for Dam and Lake Projects
 33 CFR part 221--Work for Others
 33 CFR part 222--Engineering and Design
 33 CFR part 223--Boards, Commissions, and Committees
 33 CFR part 230--Procedures for Implementing NEPA
 33 CFR part 236--Water Resource Policies and Authorities: 
Corps of Engineers Participation in Improvements for Environmental 
Quality
 33 CFR part 238--Water Resources Policies and Authorities: 
Flood Damage Reduction Measures in Urban Areas
 33 CFR part 239--Water Resources Policies and Authorities: 
Federal Participation in Covered Flood Control Channels
 33 CFR part 240--General Credit for Flood Control
 33 CFR part 241--Flood Control Cost-sharing Requirements Under 
the Ability to Pay Provision
 33 CFR part 242--Flood Plain Management Services Program 
Establishment of Fees for Cost Recovery
 33 CFR part 245--Removal of Wrecks and Other Obstructions
 33 CFR part 263--Continuing Authorities Programs
 33 CFR part 273--Aquatic Plant Control
 33 CFR part 274--Pest Control Program for Civil Works Projects
 33 CFR part 276--Water Resources Policies and Authorities: 
Application of Section 134a of Public Law 94-587
 33 CFR part 277--Water Resources Policies and Authorities: 
Navigation Policy: Cost Apportionment of Bridge Alterations
 33 CFR part 279--Resource Use: Establishment of Objectives
 33 CFR part 320--General Regulatory Policies
 33 CFR part 321--Permits for Dams and Dikes in Navigable 
Waters of the United States
 33 CFR part 322--Permits for Structures or Work In or 
Affecting Navigable Waters of the United States
 33 CFR part 323--Permits for Discharges of Dredged or Fill 
Material into Waters of the United States
 33 CFR part 324--Permits for Ocean Dumping of Dredged Material
 33 CFR part 325--Processing of Department of the Army permits
 33 CFR part 326--Enforcement
 33 CFR part 327--Public Hearings
 33 CFR part 328--Definition of Waters of the United States
 33 CFR part 329--Definition of Navigable Waters of the United 
States
 33 CFR part 330--Nationwide Permit Program
 33 CFR part 331--Administrative Appeal Process
 33 CFR part 332--Compensatory Mitigation for Losses of Aquatic 
Resources
 33 CFR part 334--Danger Zone and Restricted Area Regulations
 33 CFR part 335--Operation and Maintenance of Army Corps of 
Engineers Civil Works Projects Involving the Discharge of Dredged or 
Fill Material into Waters of the United States or Ocean Waters
 33 CFR part 336--Factors to be Considered in the Evaluation of 
Army Corps of Engineers Dredging Projects Involving the Discharge of 
Dredged Material into Waters of the United States and Ocean Waters
 33 CFR part 337--Practice and Procedure
 33 CFR part 338--Other Corps Activities Involving the 
Discharge of Dredged Material or Fill into Waters of the United States
 33 CFR part 384--Intergovernmental Review of Department of the 
Army Corps of Engineers Programs and Activities
 33 CFR part 385--Programmatic Regulations for the 
Comprehensive Everglades Restoration Plan
 36 CFR part 312--Prohibition of Discriminatory Practices in 
Water Resources Development Projects
 36 CFR part 327--Rules and Regulations Governing Public Use of 
Water Resource Development Projects Administered by the Chief of 
Engineers
 36 CFR part 328--Regulation of Seaplane Operations at Civil 
Works Water Resource Development Projects Administered by the Chief of 
Engineers
 36 CFR part 330, Regulation of Law Enforcement Services 
Contracts at Civil Works Water Resources Projects Administered by the 
Chief of Engineers
 36 CFR part 331--Regulations Governing the Protection, Use, 
and Management of the Falls of Ohio National Wildlife Conservation 
Area, Kentucky and Indiana

    Dated: July 17, 2017.
Jeffery A. Anderson,
Colonel, U.S. Army, Chief of Staff.
[FR Doc. 2017-15231 Filed 7-19-17; 8:45 am]
 BILLING CODE 3720-58-P