[Federal Register Volume 86, Number 10 (Friday, January 15, 2021)]
[Rules and Regulations]
[Pages 3801-3802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28125]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 240

[COE-2020-0005]
RIN 0710-AB07


General Credit for Flood Control

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 General Credit for Flood Control. Each removed section of this 
part is out-of-date as current policy and procedures on this subject 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 15, 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 240, General Credit for Flood Control. The rule was initially 
published in the Federal Register on November 18, 1987 (52 FR 44113). 
The regulation established guidelines and procedures for Department of 
the Army application of the provisions of section 104 of Public Law 99-
662. Section 104 authorizes and directs the development of guidelines 
which include criteria for determining whether work carried out by 
local interests is compatible with a project for flood control. This 
legislative authority also provides that benefits and costs of 
compatible work will be considered in the economic evaluation of the 
Federal project. This authority provides a basis for non-Federal 
interests to undertake local work to alleviate flood damages in the 
period preceding authorization of a Federal project with assurance that 
they will not adversely affect the project's economic feasibility. The 
regulation provides general policy and procedures on the application of 
section 104 and credit criteria for 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the rule is out-of-date, and otherwise covers internal agency 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 Regulation (ER) 
1165-2-208, ``In-Kind Contribution Credit Provisions of Section 221 
(a)(4) of the Flood Control Act of 1970, as amended'' (available at 
https://www.publications.usace.army.mil/Portals/76/Publications/EngineerRegulations/ER_1165-2-208.pdf).
    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' general credit for flood control. Because the 
regulation does not place a burden on the public, its removal does not

[[Page 3802]]

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 240

    Flood control, Intergovernmental relations.

PART 240--[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 240.

    Approved by:
R.D. James,
Assistant Secretary of the Army (Civil Works).
[FR Doc. 2020-28125 Filed 1-14-21; 8:45 am]
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