[Federal Register Volume 86, Number 133 (Thursday, July 15, 2021)]
[Rules and Regulations]
[Page 37249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14721]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 274

RIN 0710-AB37


Pest Control Program for Civil Works Projects

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 
(USACE) part titled, ``Pest Control Program for Civil Works Projects.'' 
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 15, 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 Code of 
Federal Regulations 33 CFR part 274 titled, ``Pest Control Program for 
Civil Works Projects,'' which assigns responsibilities and prescribes 
procedures concerning the use of chemicals in the USACE pest control 
program at Civil Works projects under the authority of Public Law 92-
516, as amended, Federal Insecticide, Fungicide and Rodenticide ACT 
(FIFRA), 7 U.S.C. 136 et seq.,which among other things, transferred 
responsibility of pesticide regulation from the Department of 
Agriculture to the Environmental Protection Agency. This rule was 
initially published on August 15, 1977 (42 FR 41118). While the rule 
applies only to the Corps' Pest Control 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because the rule is out-of-date, duplicative of existing internal 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 1130-2-540, 
``Environmental Stewardship Operations and Maintenance Guidance and 
Procedures'' (available at https://www.publications.usace.army.mil/Portals/76/Publications/EngineerRegulations/ER_1130-2-540.pdf) The 
agency policy is only applicable to field operating activities having 
responsibility for the Pest Control Program and provides guidance 
specific to the Corps' use of chemicals at Civil Works projects.
    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' Pest Control 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 12866, ``Regulatory Planning and Review.''

List of Subjects in 33 CFR Part 274

    Pesticides and pests, Water resources.

PART 274 [REMOVED]

0
Accordingly, under the authority of 5 U.S.C. 301, the Army Corps of 
Engineers removes 33 CFR part 274.

    Dated: July 1, 2021.
Jaime A. Pinkham,
Acting Assistant Secretary of the Army (Civil Works).
[FR Doc. 2021-14721 Filed 7-14-21; 8:45 am]
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