[Federal Register Volume 86, Number 132 (Wednesday, July 14, 2021)]
[Rules and Regulations]
[Page 37053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14719]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 273

RIN 0710-AB36


Aquatic Plant 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 Aquatic Plant Control. This part is redundant and 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 July 14, 2021.

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

FOR FURTHER INFORMATION CONTACT: Mr. Jeremy Crossland at (202) 761-4259 
or by email at [email protected].

SUPPLEMENTARY INFORMATION: This final rule removes from the CFR part 
273 of title 33, ``Aquatic Plant Control,'' which prescribes policies, 
procedures and guidelines for research, planning and operations for the 
Aquatic Plant Control Program of the Corps under authority of section 
104 of the Rivers and Harbors Act of 1958, as amended by section 104 of 
the Rivers and Harbors Act of 1962 and Section 302 of the Rivers and 
Harbors Act of 1965. This law, codified at 33 U.S.C. 610 has been 
amended several more times, most recently by section 1039(d) of the 
Water Resources Reform and Development Act of 2014 and section 1178(b) 
of the Water Resources Development Act of 2016. The Aquatic Plant 
Control Program is designed to deal primarily with weed infestations of 
major economic significance including those that have reached that 
stage and those that have that potential in navigable waters, 
tributaries, streams, connecting channels and allied waters. The 
regulation governs a program that manages cost-share authority between 
the Federal government and another governmental agency. This rule was 
initially published on June 3, 1976 (41 FR 22346). While the rule 
applies only to the Corps' Aquatic Plant Program, 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, duplicative of existing internal 
agency guidance, 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 1130-2-500, ``Project 
Operations Partners and Support (Work Management Policies)'' (available 
at https://www.publications.usace.army.mil/Portals/76/Publications/EngineerRegulations/ER_1130-2-500.pdf). The agency policy is only 
applicable to field operating activities having responsibility for the 
Aquatic Plant Program projects and provides guidance specific to the 
Corps' control of aquatic plants.
    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' Aquatic Plant 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.''

List of Subjects in 33 CFR Part 273

    Aquatic plant control, Pesticides and pests, Waterways.

PART 273--[REMOVED]

0
Accordingly, by the authority of 5 U.S.C. 301, 33 CFR part 273 is 
removed.

    Date: July 1, 2021.
Jaime A. Pinkham,
Acting Assistant Secretary of the Army (Civil Works).
[FR Doc. 2021-14719 Filed 7-13-21; 8:45 am]
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