[Federal Register Volume 86, Number 10 (Friday, January 15, 2021)]
[Rules and Regulations]
[Page 3802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28126]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 263

[COE-2019-0005]
RIN 0710-AA93


Continuing Authorities Programs

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 Continuing Authorities Programs. Each removed section of this 
part is out-of-date and covers internal agency operations that have no 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 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 263, Continuing Authorities Programs. The rule was initially 
published in the Federal Register on November 3, 1975 (40 FR 51134), 
and amended on December 30, 1976 (41 FR 56943). The regulation provided 
policies and procedures for seven legislative authorities under which 
the Secretary of the Army, acting through the Chief of Engineers, was 
authorized to plan, design and construct certain types of water 
resource improvements without specific Congressional authorization. The 
Continuing Authorities Program is used to plan and implement projects 
of limited size, scope and complexity in an accelerated manner compared 
to traditional USACE projects. Three new authorities have been 
authorized since publication of the regulation and an updated internal 
agency policy reflects changes in cost share limits and program limits 
for all ten existing authorities. The rule was published, at that time, 
in the Federal Register to aid public accessibility. For current public 
accessibility purposes, the implementation procedures for the 
authorities listed in this regulation are currently covered under 
Engineer Pamphlet (EP) 1105-2-58, ``Continuing Authorities Program,'' 
dated March 1, 2019 (available at https://www.publications.usace.army.mil/Portals/76/EP_1105-2-58.pdf?ver=2019-04-30-105428-920). The solicitation of public comment for this removal 
is unnecessary because the rule is out-of-date and covers internal 
agency operations that have no public compliance component or adverse 
public impact.
    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' Continuing Authorities Program. 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 263

    Flood control, Navigation (water), Seashores, Water resources.

PART 263--[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 263.

    Approved by:
R.D. James,
Assistant Secretary of the Army (Civil Works).
[FR Doc. 2020-28126 Filed 1-14-21; 8:45 am]
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