[Federal Register Volume 86, Number 10 (Friday, January 15, 2021)]
[Rules and Regulations]
[Page 3803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28127]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 279

[COE-2020-0011]
RIN 0702-AA97


Resource Use: Establishment of Objectives

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 Resource Use: Establishment of Objectives. Each removed section 
of this part is redundant of or otherwise 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. Patricia Mutschler), 441 G Street NW, Washington, DC 20314-
1000.

FOR FURTHER INFORMATION CONTACT: Ms. Patricia Mutschler at (202) 761-
4744 or by email at [email protected].

SUPPLEMENTARY INFORMATION: This final rule removes from the CFR 33 CFR 
part 279, Resource Use: Establishment of Objectives. The rule was 
initially published in the Federal Register on April 4, 1978 (43 FR 
14014). The regulation provided policy and guidance for establishing 
resource use objectives for all Civil Works water resource projects 
during Phase I/Phase II post-authorization studies and reevaluation of 
completed projects. Resource use objectives, as defined in the 
regulation, are clearly written statements, specific to a given 
project, which specify the attainable options for resource use as 
determined from study and analysis of resource capabilities and public 
needs (opportunities and problems). 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 
redundant of or otherwise covers internal agency operations that have 
no public compliance component or adverse public impact. For current 
public accessibility purposes, implementation guidance and procedures 
for the establishment of resource use objectives related to the 
formulation of recommended plans for water resources development 
projects are now found 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); and Engineer Regulation and 
Pamphlet 1130-2-550, ``Recreation Operations and Maintenance Guidance 
and Procedures, Chapter 3'' (available at https://www.publications.usace.army.mil/Portals/76/Publications/EngineerRegulations/ER_1130-2-550.pdf and https://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_1130-2-550.pdf). In addition, environmental 
evaluation is required under the National Environmental Policy Act of 
1969 (NEPA; 42 U.S.C. 4321-4347), and is implemented by the Corps 
pursuant to 33 CFR part 230.
    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' establishment of resource use objectives. 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 279

    Natural resources, Water resources.

PART 279--[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 279.

    Approved by:
R.D. James,
Assistant Secretary of the Army (Civil Works).
[FR Doc. 2020-28127 Filed 1-14-21; 8:45 am]
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