[Federal Register Volume 86, Number 5 (Friday, January 8, 2021)]
[Rules and Regulations]
[Pages 1278-1279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27908]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 220

[COE-2020-0009]
RIN 0710-AA85


Design Criteria for Dam and Lake Projects

AGENCY: U.S. Army Corps of Engineers, Department of Defense.

ACTION: Final rule.

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SUMMARY: This final rule removes the U.S. Army Corps of Engineers' part 
titled Design Criteria for Dam and Lake Projects. This part is out-of-
date and otherwise covers internal agency operations that have no 
public compliance component or adverse public impact. Therefore, this 
part can be removed from the Code of Federal Regulations (CFR).

DATES: This rule is effective on January 8, 2021.

ADDRESSES: Department of the Army, U.S. Army Corps of Engineers, ATTN: 
CECW-EC (Mr. Robert Bank), 441 G Street NW, Washington, DC 20314-1000.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Bank at (202) 761-5532 or 
by email at [email protected].

SUPPLEMENTARY INFORMATION: 
    This final rule removes from the 33 CFR part 220, Design Criteria 
for Dam and Lake Projects providing policy, design, and report 
requirements for low level discharge facilities for drawdown of lakes 
to be impounded by Corps Civil Works projects. The rule was initially 
published in the Federal Register on May 8, 1975 (40 FR 20081), and 
amended on August 22, 1975 (40 FR 36774). While the rule applies only 
to Corps design criteria on Corps dam and lake projects, it was 
published, at that time, in the Federal Register to aid public 
accessibility.
    The solicitation of public comment for this removal is unnecessary 
because the rule is out-of-date, duplicative of existing internal 
agency guidance, and otherwise covers internal agency operations that 
have no public compliance component or adverse public impact. For 
current public accessibility purposes, updated internal agency policy 
on this topic may be found in Engineer Manual 1110-2-1602, ``Hydraulic 
Design of Reservoir Outlet Works'' (available at https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_1110-2-1602.pdf). The agency policy is only 
applicable to field operating activities having responsibility for the 
design of Corps Civil Works projects and provides guidance specific to 
the Corps' hydraulic design analysis of reservoir outlet works 
facilities.
    This rule removal is being conducted to reduce confusion for the 
public as well as for the Corps regarding the current policy which 
governs the Corps' design criteria for Corps dam and lake projects. 
Because the regulation does not place a burden on the public, its 
removal does not provide a reduction in public burden or costs.
    This rule is not significant under Executive Order (E.O.) 12866, 
``Regulatory Planning and Review.'' Therefore, the requirements of E.O. 
13771, ``Reducing Regulation and Controlling Regulatory Costs,'' do not 
apply. This removal supports a recommendation of the DoD Regulatory 
Reform Task Force.

List of Subjects in 33 CFR Part 220

    Dams, Flood control.

[[Page 1279]]

PART 220--[REMOVED]

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Accordingly, for the reasons stated in the preamble and under the 
authority of 5 U.S.C. 301, the Corps removes 33 CFR part 220.

R.D. James,
Assistant Secretary of the Army (Civil Works).
[FR Doc. 2020-27908 Filed 1-7-21; 8:45 am]
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