[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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