82 FR 33470 - United States Army, Corps of Engineers; Subgroup to the DoD Regulatory Reform Task Force, Review of Existing Rules

DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers

Federal Register Volume 82, Issue 138 (July 20, 2017)

Page Range		33470-33471
FR Document		2017-15231

In accordance with Executive Order 13777, ``Enforcing the Regulatory Reform Agenda,'' the United States Army, Corps of Engineers Subgroup to the DoD Regulatory Reform Task Force is seeking input on its existing regulations that may be appropriate for repeal, replacement, or modification. See the Supplementary Information section below for additional guidance.

Federal Register, Volume 82 Issue 138 (Thursday, July 20, 2017)

[Federal Register Volume 82, Number 138 (Thursday, July 20, 2017)]
[Proposed Rules]
[Pages 33470-33471]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15231]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

32 CFR Part 644

33 CFR Chapter II

36 CFR Parts 312, 327, 328, 330, and 331

[COE-2017-0004]


United States Army, Corps of Engineers; Subgroup to the DoD 
Regulatory Reform Task Force, Review of Existing Rules

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Request for comment.

-----------------------------------------------------------------------

SUMMARY: In accordance with Executive Order 13777, ``Enforcing the 
Regulatory Reform Agenda,'' the United States Army, Corps of Engineers 
Subgroup to the DoD Regulatory Reform Task Force is seeking input on 
its existing regulations that may be appropriate for repeal, 
replacement, or modification. See the Supplementary Information section 
below for additional guidance.

DATES: Interested parties should submit written comments to the address 
shown below on or before September 18, 2017, to be considered.

ADDRESSES: You may send comments, identified by docket number COE-2017-
0004, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Docket number COE-2017-0004. Follow the instructions for sending 
comments.
     Email: [email protected] and include 
docket number COE-2017-0004 in the subject line of the message.
     Mail: Headquarters, U.S. Army Corps of Engineers, Attn: 
CECW-CO-N (Ms. Mary Coulombe), 441 G Street NW., Washington, DC 20314-
1000.
     Hand Delivery/Courier: Due to security requirements, we 
cannot receive comments by hand delivery or courier.
    Instructions: Direct your comments to docket number COE-2017-0004. 
All comments received will be included in the public docket without 
change and may be made available on-line at http://www.regulations.gov, 
including any personal information provided, unless the commenter 
indicates that the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI, or otherwise protected, through regulations.gov or 
email. The regulations.gov Web site is an anonymous access system, 
which means we will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
directly to the Corps without going through regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, we recommend that you 
include your name and other contact information in the body of your 
comment and also include your contact information with any disk or CD-
ROM you submit. If we cannot read your comment because of technical 
difficulties and cannot contact you for clarification, we may not be 
able to consider your comment. Electronic comments should avoid the use 
of any special characters, any form of encryption, and be free of any 
defects or viruses.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov. All documents in the 
docket are listed. Although listed in the index, some information is 
not publicly available, such as CBI or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form.

FOR FURTHER INFORMATION CONTACT: Ms. Mary Coulombe, 202-761-1228, 
[email protected].

SUPPLEMENTARY INFORMATION: On February 24, 2017, the President signed 
Executive Order (E.O.) 13777, ``Enforcing the Regulatory Reform 
Agenda,'' which established a Federal policy ``to alleviate unnecessary 
regulatory burdens'' on the American people.
    Section 3(a) of the E.O. directs Federal agencies to establish a 
Regulatory Reform Task Force (Task Force). One of the duties of the 
Task Force is to evaluate existing regulations and ``make 
recommendations to the agency head regarding their repeal, replacement, 
or modification.'' The E.O. further asks that each Task Force ``attempt 
to identify regulations that:
    (i) Eliminate jobs, or inhibit job creation; (ii) are outdated, 
unnecessary, or ineffective; (iii) impose costs that exceed benefits; 
(iv) create a serious inconsistency or otherwise interfere

[[Page 33471]]

with regulatory reform initiatives and policies; (v) are inconsistent 
with the requirements of section 515 of the Treasury and General 
Government Appropriation Act, 2001 (44 U.S.C. 3516 note), or the 
guidance issued pursuant to that provision in particular those 
regulations that rely in whole or in part on data, information, or 
methods that are not publicly available or that are insufficiently 
transparent to meet the standard of reproducibility; or (vi) derive 
from or implement Executive Orders or other Presidential directives 
that have been subsequently rescinded or substantially modified.''
    Section 3(e) of the E.O. 13777 calls on the Task Force to ``seek 
input and other assistance, as permitted by law, from entities 
significantly affected by Federal regulations, including State, local, 
and tribal governments, small businesses, consumers, non-governmental 
organizations, trade associations'' on regulations that meet some or 
all of the criteria above. Through this notice, the United States Army, 
Corps of Engineers is soliciting such input from the public to inform 
evaluation of the United States Army, Corps of Engineers existing 
regulations by the Task Force's United States Army, Corps of Engineers 
Subgroup. Although the agency will not respond to each individual 
comment, the United States Army, Corps of Engineers may follow-up with 
respondents to clarify comments. The United States Army, Corps of 
Engineers values public feedback and will consider all input that it 
receives. In addition to the regulations listed below, we are open to 
receiving comments on other Corps of Engineers regulations as well.
    The Corps regulations subject to this review are:

 32 CFR part 644--Real Estate Handbook
 33 CFR part 203--Emergency Employment of Army and Other 
Resources, Natural Disaster Procedures
 33 CFR part 207--Navigation Regulations
 33 CFR part 208--Flood Control Regulations
 33 CFR part 209--Administrative Procedure
 33 CFR part 210--Procurement Activities of the Corps of 
Engineers
 33 CFR part 214--Emergency Supplies of Drinking Water
 33 CFR part 220--Design Criteria for Dam and Lake Projects
 33 CFR part 221--Work for Others
 33 CFR part 222--Engineering and Design
 33 CFR part 223--Boards, Commissions, and Committees
 33 CFR part 230--Procedures for Implementing NEPA
 33 CFR part 236--Water Resource Policies and Authorities: 
Corps of Engineers Participation in Improvements for Environmental 
Quality
 33 CFR part 238--Water Resources Policies and Authorities: 
Flood Damage Reduction Measures in Urban Areas
 33 CFR part 239--Water Resources Policies and Authorities: 
Federal Participation in Covered Flood Control Channels
 33 CFR part 240--General Credit for Flood Control
 33 CFR part 241--Flood Control Cost-sharing Requirements Under 
the Ability to Pay Provision
 33 CFR part 242--Flood Plain Management Services Program 
Establishment of Fees for Cost Recovery
 33 CFR part 245--Removal of Wrecks and Other Obstructions
 33 CFR part 263--Continuing Authorities Programs
 33 CFR part 273--Aquatic Plant Control
 33 CFR part 274--Pest Control Program for Civil Works Projects
 33 CFR part 276--Water Resources Policies and Authorities: 
Application of Section 134a of Public Law 94-587
 33 CFR part 277--Water Resources Policies and Authorities: 
Navigation Policy: Cost Apportionment of Bridge Alterations
 33 CFR part 279--Resource Use: Establishment of Objectives
 33 CFR part 320--General Regulatory Policies
 33 CFR part 321--Permits for Dams and Dikes in Navigable 
Waters of the United States
 33 CFR part 322--Permits for Structures or Work In or 
Affecting Navigable Waters of the United States
 33 CFR part 323--Permits for Discharges of Dredged or Fill 
Material into Waters of the United States
 33 CFR part 324--Permits for Ocean Dumping of Dredged Material
 33 CFR part 325--Processing of Department of the Army permits
 33 CFR part 326--Enforcement
 33 CFR part 327--Public Hearings
 33 CFR part 328--Definition of Waters of the United States
 33 CFR part 329--Definition of Navigable Waters of the United 
States
 33 CFR part 330--Nationwide Permit Program
 33 CFR part 331--Administrative Appeal Process
 33 CFR part 332--Compensatory Mitigation for Losses of Aquatic 
Resources
 33 CFR part 334--Danger Zone and Restricted Area Regulations
 33 CFR part 335--Operation and Maintenance of Army Corps of 
Engineers Civil Works Projects Involving the Discharge of Dredged or 
Fill Material into Waters of the United States or Ocean Waters
 33 CFR part 336--Factors to be Considered in the Evaluation of 
Army Corps of Engineers Dredging Projects Involving the Discharge of 
Dredged Material into Waters of the United States and Ocean Waters
 33 CFR part 337--Practice and Procedure
 33 CFR part 338--Other Corps Activities Involving the 
Discharge of Dredged Material or Fill into Waters of the United States
 33 CFR part 384--Intergovernmental Review of Department of the 
Army Corps of Engineers Programs and Activities
 33 CFR part 385--Programmatic Regulations for the 
Comprehensive Everglades Restoration Plan
 36 CFR part 312--Prohibition of Discriminatory Practices in 
Water Resources Development Projects
 36 CFR part 327--Rules and Regulations Governing Public Use of 
Water Resource Development Projects Administered by the Chief of 
Engineers
 36 CFR part 328--Regulation of Seaplane Operations at Civil 
Works Water Resource Development Projects Administered by the Chief of 
Engineers
 36 CFR part 330, Regulation of Law Enforcement Services 
Contracts at Civil Works Water Resources Projects Administered by the 
Chief of Engineers
 36 CFR part 331--Regulations Governing the Protection, Use, 
and Management of the Falls of Ohio National Wildlife Conservation 
Area, Kentucky and Indiana

    Dated: July 17, 2017.
Jeffery A. Anderson,
Colonel, U.S. Army, Chief of Staff.
[FR Doc. 2017-15231 Filed 7-19-17; 8:45 am]
 BILLING CODE 3720-58-P

33470 Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Proposed Rules

published elsewhere in this issue of the DEPARTMENT OF DEFENSE not submit information that you
Federal Register]. consider to be CBI, or otherwise
Department of the Army, Corps of protected, through regulations.gov or
(b) * * *
Engineers email. The regulations.gov Web site is
(1) [The text of proposed § 1.6081– an anonymous access system, which
9(b)(1) is the same as the text of 32 CFR Part 644 means we will not know your identity
§ 1.6081–9T(b)(1) published elsewhere or contact information unless you
in this issue of the Federal Register]. 33 CFR Chapter II provide it in the body of your comment.
* * * * * If you send an email directly to the
36 CFR Parts 312, 327, 328, 330, and Corps without going through
(3) [The text of proposed § 1.6081–
331 regulations.gov, your email address will
9(b)(3) is the same as the text of
be automatically captured and included
§ 1.6081–9T(b)(3) published elsewhere [COE–2017–0004]
as part of the comment that is placed in
in this issue of the Federal Register].
United States Army, Corps of the public docket and made available on
* * * * * the Internet. If you submit an electronic
Engineers; Subgroup to the DoD
(c) through (e) [The text of proposed Regulatory Reform Task Force, Review comment, we recommend that you
§ 1.6081–9(c) through (e) is the same as of Existing Rules include your name and other contact
the text of § 1.6081–9T(c) through (e) information in the body of your
published elsewhere in this issue of the AGENCY: U.S. Army Corps of Engineers, comment and also include your contact
Federal Register]. DoD. information with any disk or CD–ROM
ACTION: Request for comment. you submit. If we cannot read your
(f) Applicability date. The comment because of technical
requirements of paragraphs (a), (b)(1) SUMMARY: In accordance with Executive difficulties and cannot contact you for
and (3), and (c) through (e) of this Order 13777, ‘‘Enforcing the Regulatory clarification, we may not be able to
section are applicable for returns filed Reform Agenda,’’ the United States consider your comment. Electronic
on or after the date a Treasury Decision Army, Corps of Engineers Subgroup to comments should avoid the use of any
incorporating these amendments as final the DoD Regulatory Reform Task Force special characters, any form of
regulations is published in the Federal is seeking input on its existing encryption, and be free of any defects or
Register. regulations that may be appropriate for viruses.
repeal, replacement, or modification. Docket: For access to the docket to
PART 31—EMPLOYMENT TAXES AND See the SUPPLEMENTARY INFORMATION read background documents or
COLLECTION OF INCOME TAX AT THE section below for additional guidance. comments received, go to
SOURCE DATES: Interested parties should submit www.regulations.gov. All documents in
written comments to the address shown the docket are listed. Although listed in
■ Par. 16. The authority citation for part below on or before September 18, 2017, the index, some information is not
31 continues to read in part as follows: to be considered. publicly available, such as CBI or other
Authority: 26 U.S.C. 7805 * * * ADDRESSES: You may send comments, information whose disclosure is
identified by docket number COE– restricted by statute. Certain other
■ Par. 17. Revise paragraph (a)(3) and 2017–0004, by any of the following material, such as copyrighted material,
add paragraph (g) to § 31.6071(a)–1 to methods: is not placed on the Internet and will be
read as follows: • Federal eRulemaking Portal: http:// publicly available only in hard copy
www.regulations.gov. Docket number form.
§ 31.6071(a)–1 Time for filing returns and
other documents.
COE–2017–0004. Follow the FOR FURTHER INFORMATION CONTACT: Ms.
instructions for sending comments. Mary Coulombe, 202–761–1228,
(a) * * * • Email: CorpsRegulatoryReview@ mary.j.coulombe@usace.army.mil.
(3) [The text of proposed § 31.6071(a)– usace.army.mil and include docket SUPPLEMENTARY INFORMATION: On
1(a)(3) is the same as the text of number COE–2017–0004 in the subject February 24, 2017, the President signed
§ 31.6071(a)–1T(a)(3) published line of the message. Executive Order (E.O.) 13777,
elsewhere in this issue of the Federal • Mail: Headquarters, U.S. Army ‘‘Enforcing the Regulatory Reform
Register] Corps of Engineers, Attn: CECW–CO–N Agenda,’’ which established a Federal
(Ms. Mary Coulombe), 441 G Street policy ‘‘to alleviate unnecessary
* * * * * NW., Washington, DC 20314–1000. regulatory burdens’’ on the American
(g) Applicability date. The • Hand Delivery/Courier: Due to people.
requirements of paragraph (a)(3) of this security requirements, we cannot Section 3(a) of the E.O. directs Federal
section are applicable for returns filed receive comments by hand delivery or agencies to establish a Regulatory
on or after the date a Treasury Decision courier. Reform Task Force (Task Force). One of
incorporating these amendments as final Instructions: Direct your comments to the duties of the Task Force is to
regulations is published in the Federal docket number COE–2017–0004. All evaluate existing regulations and ‘‘make
comments received will be included in recommendations to the agency head
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS

Register.
the public docket without change and regarding their repeal, replacement, or
Kirsten Wielobob, may be made available on-line at http:// modification.’’ The E.O. further asks
Deputy Commissioner for Services and www.regulations.gov, including any that each Task Force ‘‘attempt to
Enforcement. personal information provided, unless identify regulations that:
[FR Doc. 2017–15211 Filed 7–18–17; 4:15 pm] the commenter indicates that the (i) Eliminate jobs, or inhibit job
BILLING CODE 4830–01–P comment includes information claimed creation; (ii) are outdated, unnecessary,
to be Confidential Business Information or ineffective; (iii) impose costs that
(CBI) or other information whose exceed benefits; (iv) create a serious
disclosure is restricted by statute. Do inconsistency or otherwise interfere

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Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Proposed Rules 33471

with regulatory reform initiatives and • 33 CFR part 230—Procedures for • 33 CFR part 334—Danger Zone and
policies; (v) are inconsistent with the Implementing NEPA Restricted Area Regulations
requirements of section 515 of the • 33 CFR part 236—Water Resource • 33 CFR part 335—Operation and
Treasury and General Government Policies and Authorities: Corps of Maintenance of Army Corps of
Appropriation Act, 2001 (44 U.S.C. 3516 Engineers Participation in Engineers Civil Works Projects
note), or the guidance issued pursuant Improvements for Environmental Involving the Discharge of Dredged or
to that provision in particular those Quality Fill Material into Waters of the United
regulations that rely in whole or in part • 33 CFR part 238—Water Resources States or Ocean Waters
on data, information, or methods that Policies and Authorities: Flood • 33 CFR part 336—Factors to be
are not publicly available or that are Damage Reduction Measures in Urban Considered in the Evaluation of Army
insufficiently transparent to meet the Areas Corps of Engineers Dredging Projects
standard of reproducibility; or (vi) • 33 CFR part 239—Water Resources Involving the Discharge of Dredged
derive from or implement Executive Policies and Authorities: Federal Material into Waters of the United
Orders or other Presidential directives Participation in Covered Flood States and Ocean Waters
that have been subsequently rescinded Control Channels • 33 CFR part 337—Practice and
or substantially modified.’’ • 33 CFR part 240—General Credit for Procedure
Section 3(e) of the E.O. 13777 calls on Flood Control • 33 CFR part 338—Other Corps
the Task Force to ‘‘seek input and other • 33 CFR part 241—Flood Control Cost- Activities Involving the Discharge of
assistance, as permitted by law, from sharing Requirements Under the Dredged Material or Fill into Waters
entities significantly affected by Federal Ability to Pay Provision of the United States
regulations, including State, local, and • 33 CFR part 242—Flood Plain • 33 CFR part 384—Intergovernmental
tribal governments, small businesses, Management Services Program Review of Department of the Army
consumers, non-governmental Establishment of Fees for Cost Corps of Engineers Programs and
organizations, trade associations’’ on Recovery Activities
regulations that meet some or all of the • 33 CFR part 245—Removal of Wrecks • 33 CFR part 385—Programmatic
criteria above. Through this notice, the and Other Obstructions Regulations for the Comprehensive
United States Army, Corps of Engineers • 33 CFR part 263—Continuing Everglades Restoration Plan
Authorities Programs • 36 CFR part 312—Prohibition of
is soliciting such input from the public
• 33 CFR part 273—Aquatic Plant Discriminatory Practices in Water
to inform evaluation of the United
Control Resources Development Projects
States Army, Corps of Engineers existing • 36 CFR part 327—Rules and
regulations by the Task Force’s United • 33 CFR part 274—Pest Control
Program for Civil Works Projects Regulations Governing Public Use of
States Army, Corps of Engineers Water Resource Development Projects
Subgroup. Although the agency will not • 33 CFR part 276—Water Resources
Policies and Authorities: Application Administered by the Chief of
respond to each individual comment, Engineers
the United States Army, Corps of of Section 134a of Public Law 94–587
• 33 CFR part 277—Water Resources • 36 CFR part 328—Regulation of
Engineers may follow-up with Seaplane Operations at Civil Works
respondents to clarify comments. The Policies and Authorities: Navigation
Policy: Cost Apportionment of Bridge Water Resource Development Projects
United States Army, Corps of Engineers Administered by the Chief of
values public feedback and will Alterations
• 33 CFR part 279—Resource Use: Engineers
consider all input that it receives. In • 36 CFR part 330, Regulation of Law
addition to the regulations listed below, Establishment of Objectives
• 33 CFR part 320—General Regulatory Enforcement Services Contracts at
we are open to receiving comments on Civil Works Water Resources Projects
other Corps of Engineers regulations as Policies
• 33 CFR part 321—Permits for Dams Administered by the Chief of
well. Engineers
The Corps regulations subject to this and Dikes in Navigable Waters of the
United States • 36 CFR part 331—Regulations
review are: Governing the Protection, Use, and
• 33 CFR part 322—Permits for
• 32 CFR part 644—Real Estate Management of the Falls of Ohio
Structures or Work In or Affecting
Handbook National Wildlife Conservation Area,
• 33 CFR part 203—Emergency Navigable Waters of the United States
• 33 CFR part 323—Permits for Kentucky and Indiana
Employment of Army and Other
Resources, Natural Disaster Discharges of Dredged or Fill Material Dated: July 17, 2017.
Procedures into Waters of the United States Jeffery A. Anderson,
• 33 CFR part 207—Navigation • 33 CFR part 324—Permits for Ocean Colonel, U.S. Army, Chief of Staff.
Regulations Dumping of Dredged Material [FR Doc. 2017–15231 Filed 7–19–17; 8:45 am]
• 33 CFR part 208—Flood Control • 33 CFR part 325—Processing of BILLING CODE 3720–58–P
Regulations Department of the Army permits
• 33 CFR part 209—Administrative • 33 CFR part 326—Enforcement
Procedure • 33 CFR part 327—Public Hearings
ENVIRONMENTAL PROTECTION
• 33 CFR part 210—Procurement • 33 CFR part 328—Definition of Waters
AGENCY
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS

Activities of the Corps of Engineers of the United States
• 33 CFR part 214—Emergency • 33 CFR part 329—Definition of 40 CFR Part 52
Supplies of Drinking Water Navigable Waters of the United States
• 33 CFR part 220—Design Criteria for • 33 CFR part 330—Nationwide Permit [EPA–R01–OAR–2016–0110; A–1–FRL–
Program 9965–12Region 1]
Dam and Lake Projects
• 33 CFR part 221—Work for Others • 33 CFR part 331—Administrative
Air Plan Approval; ME; Regional Haze
• 33 CFR part 222—Engineering and Appeal Process
5-Year Progress Report
Design • 33 CFR part 332—Compensatory
• 33 CFR part 223—Boards, Mitigation for Losses of Aquatic AGENCY: Environmental Protection
Commissions, and Committees Resources Agency (EPA).

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Document Created: 2017-07-20 06:57:39
Document Modified: 2017-07-20 06:57:39

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Request for comment.
Contact		Ms. Mary Coulombe, 202-761-1228, [email protected]
FR Citation		82 FR 33470
CFR Citation		33 Title 33 CFR Chapter II 32 CFR 644 36 CFR 312 36 CFR 327 36 CFR 328 36 CFR 330 36 CFR 331

82 FR 33470 - United States Army, Corps of Engineers; Subgroup to the DoD Regulatory Reform Task Force, Review of Existing Rules

DEPARTMENT OF DEFENSEDepartment of the Army, Corps of Engineers

Federal Register Volume 82, Issue 138 (July 20, 2017)

DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers