[Federal Register Volume 88, Number 77 (Friday, April 21, 2023)]
[Rules and Regulations]
[Page 24480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08399]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

32 CFR Part 555

[Docket ID: COE-2022-0001]
RIN 0710-AB43


Corps of Engineers, Research and Development, Laboratory Research 
and Development and Tests, Work for Others

AGENCY: U.S. Army Corps of Engineers (Corps), Department of Defense.

ACTION: Final rule.

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SUMMARY: This final rule removes the U.S. Army Corps of Engineers' part 
titled, ``Corps of Engineers, Research and Development, Laboratory 
Research and Development and Tests, Work for Others.'' This part is 
redundant with existing internal agency guidance 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 April 21, 2023.

FOR FURTHER INFORMATION CONTACT: Mr. Anthony Niles at (202) 761-1849 or 
by email at [email protected].

SUPPLEMENTARY INFORMATION: This final rule removes the Corps' 
regulation at 32 CFR part 555, titled ``Corps of Engineers, Research 
and Development, Laboratory Research and Development and Tests, Work 
for Others.'' Part 555 defines and establishes policies and procedures 
applicable to the performance of research, development, and tests at 
the Corps' laboratory installations for other governmental and private 
agencies and organizations. Removing this part reduces confusion for 
the public as well as for the Corps regarding the current policies that 
govern performance of research, development, and tests at Corps 
facilities for other governmental and private agencies and 
organizations. Part 555 refers to an old structure of independent 
laboratories within the Corps and to facilities that no longer exist. 
The new updated internal agency policy refers to the more recent 
organization of the Engineer Research and Development Center (ERDC) and 
new laboratories and centers since publication of Part 555.
    For public accessibility purposes, the updated internal agency 
policy on this topic may be found in various sources. The applicability 
content covering the organizational elements and description of 
services that apply to research and developments and tests to be 
performed for other organizations are included in the strategy document 
providing the Corps' overarching approach to research and development, 
titled ``USACE Research and Development Strategy'' (Strategy), which 
published in November 2021 (available at https://www.erdc.usace.army.mil/About/USACE-Research-and-Development-Strategy-2022/); in Engineer Circular 70-2-38, ``Civil Works Research, 
Development, and Technology Process,'' which published on May 31, 2021 
(available at https://www.publications.usace.army.mil/LinkClick.aspx?fileticket=eyI9_Sz-9Ng%3d&tabid=16426&portalid=76∣=31387); and in the Engineer 
Regulation 1140-1-211 (ER 1140-1-211), ``Reimbursable Services,'' which 
published on September 10, 2020 (available at https://www.publications.usace.army.mil/LinkClick.aspx?fileticket=DKAjxGGNI5w%3d&tabid=16441&portalid=76∣=43546). The policy content covering the terms and conditions of services, 
agreements, and funds for services are covered in ER 1140-1-211, and 
the policies, procedures and responsibilities for support agreements 
are covered in the DoD Instruction 4000.19, ``Support Agreements,'' 
which published on December 16, 2020 (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/400019p.pdf?ver=AgPBMZwTey4t8dkHDRM4ng%3D%3D). The terms of providing 
reimbursement for services content are discussed in ER 1140-1-211. 
Additional content on this topic can be found in the Engineer 
Regulation 70-1-5, ``Corps of Engineers Research and Development 
Program,'' which published on December 31, 1989 (available at https://www.publications.usace.army.mil/Portals/76/Publications/EngineerRegulations/ER_70-1-5.pdf).
    The solicitation of public comment for this removal is unnecessary 
because the rule is out-of-date and has no public compliance component 
or adverse public impact. 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, titled ``Regulatory Planning and Review.''

List of Subjects in 32 CFR Part 555

    Engineers Corps, Intergovernmental relations, Laboratories, 
Research.

PART 555--[REMOVED]

0
Accordingly, for the reasons stated in the preamble and under the 
authority of 5 U.S.C. 301, the Corps removes 32 CFR part 555.

    Approved by:
Michael L. Connor,
Assistant Secretary of the Army (Civil Works)
[FR Doc. 2023-08399 Filed 4-20-23; 8:45 am]
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