[Federal Register Volume 86, Number 6 (Monday, January 11, 2021)]
[Rules and Regulations]
[Page 1809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27911]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 239

[COE-2019-0004]
RIN 0710-AA94


Water Resources Policies and Authorities: Federal Participation 
in Covered Flood Control Channels

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 Water Resources Policies and Authorities: Federal Participation 
in Covered Flood Control Channels. Each removed section of this part is 
outdated in reference to engineering criteria and requirements, and 
covers internal agency operations that have no public compliance 
component or adverse public impact. Current policy and procedures on 
this subject can be found in internal documents. Therefore, this part 
can be removed from the Code of Federal Regulations (CFR).

DATES: This rule is effective on January 11, 2021.

ADDRESSES: Department of the Army, U.S. Army Corps of Engineers, ATTN: 
CECW-P (Ms. Amy Frantz), 441 G Street NW, Washington, DC 20314-1000.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Frantz at (202) 761-0106 or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: This final rule removes from the CFR 33 CFR 
part 239, Water Resources Policies and Authorities: Federal 
Participation in Covered Flood Control Channels. The rule was initially 
published in the Federal Register on October 13, 1978 (43 FR 47470), 
and amended on June 21, 1979 (44 FR 36175). The regulation established 
policy for determining Federal participation in covered flood control 
channels. The regulation made clear that if, during the planning 
process, it appears that covered flood control channels are desirable, 
reporting officers may evaluate them and include them when they best 
serve the public interest. The regulation specified what reports on 
proposals to provide covered channels should include for engineering 
considerations. 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this removal is unnecessary because the rule is outdated in reference 
to engineering criteria and requirements and covers internal agency 
operations that have no public compliance component or adverse public 
impact. For current public accessibility purposes, the current policy 
on Federal participation in flood control projects may be found in 
Engineer Regulation 1165-2-21, ``Flood Damage Reduction Measures in 
Urban Areas,'' dated October 30, 1980 (available at https://www.publications.usace.army.mil/Portals/76/Publications/EngineerRegulations/ER_1165-2-21.pdf); and 33 CFR part 238, Flood 
Damage Reduction Measures in Urban Areas. The agency policy is only 
applicable to field operating activities having Civil Works 
responsibilities and provides guidance specific to the Corps' 
participation in urban flood damage reduction projects.
    This rule removal is being conducted to reduce confusion for the 
public as well as for the Corps regarding the current policy which 
governs Federal participation in covered flood control channels. 
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 239

    Flood control.

PART 239--[REMOVED]

0
Accordingly, for the reasons stated in the preamble and under the 
authority of 5 U.S.C. 301, the Corps removes 33 CFR part 239.

R.D. James,
Assistant Secretary of the Army (Civil Works).
[FR Doc. 2020-27911 Filed 1-8-21; 8:45 am]
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