Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Rules and Regulations 1809 

or adverse public impact. For current 

public accessibility purposes, updated 

internal agency policy on this topic may 

be found in the Principles for Water and 

Related Land Resources Implementation 

Studies, related to the formulation of 

recommended plans for water resources 

development projects, and in Engineer 

Regulation 1105–2–100, ‘‘Planning 

Guidance Notebook’’ (available at 

https://www.publications.

usace.army.mil/Portals/76/Publications/ 

EngineerRegulations/ER_1105-2- 

100.pdf). Also, environmental 

evaluation is required under the 

National Environmental Policy Act 

(NEPA) of 1969 (42 U.S.C. 4321–4347) 

and is implemented by the U.S. Army 

Corps of Engineers pursuant to 33 CFR 

part 230, Procedures for Implementing 

NEPA. 

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’ 

use of Environmental Quality measures 

in Corps projects as well as the current 

policy for environmental evaluation. 

The Procedures for Implementing NEPA 

were updated after this regulation and 

provide the current policy approach for 

the Corps in their environmental 

evaluation process. 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.’’ 

Therefore, the requirements of E.O. 

13771, ‘‘Reducing Regulation and 

Controlling Regulatory Costs,’’ do not 

apply. This removal supports a 

recommendation of the DoD Regulatory 

Reform Task Force. 

List of Subjects in 33 CFR Part 236 

Environmental protection, Water 

resources. 

PART 236—[REMOVED] 

■ Accordingly, for the reasons stated in 

the preamble and under the authority of 

5 U.S.C. 301, the Corps removes 33 CFR 

part 236. 

R.D. James, 

Assistant Secretary of the Army (Civil Works). 

[FR Doc. 2020–27912 Filed 1–8–21; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 239 

[COE–2019–0004] 

RIN 0710–AA94 

Water Resources Policies and 

Authorities: Federal Participation in 

Covered Flood Control Channels 

AGENCY: U.S. Army Corps of Engineers, 

Department of Defense. 

ACTION: Final rule. 

SUMMARY: This final rule removes the 

U.S. Army Corps of Engineers’ part 

titled Water Resources Policies and 

Authorities: Federal Participation in 

Covered Flood Control Channels. Each 

removed section of this part is outdated 

in reference to engineering criteria and 

requirements, and covers internal 

agency operations that have no public 

compliance component or adverse 

public impact. Current policy and 

procedures on this subject can be found 

in internal documents. Therefore, this 

part can be removed from the Code of 

Federal Regulations (CFR). 

DATES: This rule is effective on January 

11, 2021. 

ADDRESSES: Department of the Army, 

U.S. Army Corps of Engineers, ATTN: 

CECW–P (Ms. Amy Frantz), 441 G Street 

NW, Washington, DC 20314–1000. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Frantz at (202) 761–0106 or by 

email at Amy.K.Frantz@usace.army.mil. 

SUPPLEMENTARY INFORMATION: This final 

rule removes from the CFR 33 CFR part 

239, Water Resources Policies and 

Authorities: Federal Participation in 

Covered Flood Control Channels. The 

rule was initially published in the 

Federal Register on October 13, 1978 

(43 FR 47470), and amended on June 21, 

1979 (44 FR 36175). The regulation 

established policy for determining 

Federal participation in covered flood 

control channels. The regulation made 

clear that if, during the planning 

process, it appears that covered flood 

control channels are desirable, reporting 

officers may evaluate them and include 

them when they best serve the public 

interest. The regulation specified what 

reports on proposals to provide covered 

channels should include for engineering 

considerations. 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 

outdated in reference to engineering 

criteria and requirements and covers 

internal agency operations that have no 

public compliance component or 

adverse public impact. For current 

public accessibility purposes, the 

current policy on Federal participation 

in flood control projects may be found 

in Engineer Regulation 1165–2–21, 

‘‘Flood Damage Reduction Measures in 

Urban Areas,’’ dated October 30, 1980 

(available at https://www.publications.

usace.army.mil/Portals/76/Publications/ 

EngineerRegulations/ER_1165-2-21.pdf); 

and 33 CFR part 238, Flood Damage 

Reduction Measures in Urban Areas. 

The agency policy is only applicable to 

field operating activities having Civil 

Works responsibilities and provides 

guidance specific to the Corps’ 

participation in urban flood damage 

reduction 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 Federal 

participation in covered flood control 

channels. 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.’’ 

Therefore, the requirements of E.O. 

13771, ‘‘Reducing Regulation and 

Controlling Regulatory Costs,’’ do not 

apply. This removal supports a 

recommendation of the DoD Regulatory 

Reform Task Force. 

List of Subjects in 33 CFR Part 239 

Flood control. 

PART 239—[REMOVED] 

■ Accordingly, for the reasons stated in 

the preamble and under the authority of 

5 U.S.C. 301, the Corps removes 33 CFR 

part 239. 

R.D. James, 

Assistant Secretary of the Army (Civil Works). 

[FR Doc. 2020–27911 Filed 1–8–21; 8:45 am] 

BILLING CODE 3720–58–P 

NATIONAL TRANSPORTATION 

SAFETY BOARD 

49 CFR Part 831 

[Docket No.: NTSB–2021–0001] 

RIN 3147–AA24 

Civil Monetary Penalty Annual Inflation 

Adjustment 

AGENCY: National Transportation Safety 

Board (NTSB). 

ACTION: Final rule. 


jbell on DSKJLSW7X2PROD with RULES