[Federal Register Volume 86, Number 6 (Monday, January 11, 2021)]
[Rules and Regulations]
[Pages 1808-1809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27912]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 236

[COE-2020-0004]
RIN 0710-AB05


Water Resource Policies and Authorities: Corps of Engineers 
Participation in Improvements for Environmental Quality

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 Resource Policies and Authorities: Corps of Engineers 
Participation in Improvements for Environmental Quality. Each removed 
section of this part is out-of-date and redundant of or otherwise 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 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 236, Water Resource Policies and Authorities: Corps of Engineers 
Participation in Improvements for Environmental Quality. The rule was 
initially published in the Federal Register on April 30, 1980 (45 FR 
28714). The regulation provided guidance and procedures to Corps field 
offices regarding the Corps' role in environmental quality improvements 
as part of a water resource project. The Corps' role in environmental 
quality broadened over the years and the regulation made clear that 
balancing economic and environmental interests was a major requirement 
to be considered in the planning of all Corps 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unnecessary because the rule is out-of-date and redundant of or 
otherwise covers internal agency operations that have no public 
compliance component

[[Page 1809]]

or adverse public impact. For current public accessibility purposes, 
updated internal agency policy on this topic may be found in the 
Principles for Water and Related Land Resources Implementation Studies, 
related to the formulation of recommended plans for water resources 
development projects, and in Engineer Regulation 1105-2-100, ``Planning 
Guidance Notebook'' (available at https://www.publications.usace.army.mil/Portals/76/Publications/EngineerRegulations/ER_1105-2-100.pdf). Also, environmental evaluation 
is required under the National Environmental Policy Act (NEPA) of 1969 
(42 U.S.C. 4321-4347) and is implemented by the U.S. Army Corps of 
Engineers pursuant to 33 CFR part 230, Procedures for Implementing 
NEPA.
    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' use of Environmental Quality measures in Corps 
projects as well as the current policy for environmental evaluation. 
The Procedures for Implementing NEPA were updated after this regulation 
and provide the current policy approach for the Corps in their 
environmental evaluation process. 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 236

    Environmental protection, Water resources.

PART 236--[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 236.

R.D. James,
Assistant Secretary of the Army (Civil Works).
[FR Doc. 2020-27912 Filed 1-8-21; 8:45 am]
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