FR 2020-27908

The recent rule change by the U.S. Army Corps of Engineers, part of the Department of Defense, involves the removal of outdated regulations concerning the “Design Criteria for Dam and Lake Projects.” This removal was published in the Federal Register and is effective as of January 8, 2021. The decision to eliminate this specific part of federal regulations was made because it only pertains to internal operations of the Corps and does not impose any compliance requirements or impacts on the public. Consequently, its presence in the Code of Federal Regulations (CFR) was deemed unnecessary.

By removing these outdated rules, potential confusion is minimized for both the general public and the Corps. The current design and operational guidelines for dam and lake projects are covered in an updated Engineer Manual, which is now publicly accessible online. This updated guidance specifically addresses the hydraulic design aspects of reservoir outlet works, providing necessary information for those involved in the design of the Corps’ Civil Works projects.

Significant Issues and Concerns

One notable aspect of this document is its technical nature. It references specific manuals and regulatory terms that might not be easily understood by a layperson. This can lead to difficulties for those without a background in engineering or regulatory compliance to fully grasp the implications of the rule change. Although the removal of this regulation does not impact public compliance or impose new costs, it could have benefited from further clarification on how the updated guidelines differ from the removed regulation.

Another potential concern could be the lack of public comment on this rule removal. Because the document claims the rule is strictly related to internal procedures without public impact, it bypassed public consultation. Nonetheless, for transparency and public interest, some might argue that more detailed information or engagement would be beneficial.

Impact on the Public

Broadly speaking, the removal of this rule should have minimal direct impact on the general public. Since the regulation did not require public compliance and its removal does not reduce any public burden or costs, the average person will likely see little change as a result of this action. The main goal seems to be administrative efficiency and internal clarity within the Corps.

Impact on Stakeholders

For stakeholders within the engineering community, particularly those involved in hydraulic design and civil works projects, the update to internal guidelines could be significant. The transition to referring to the Engineer Manual 1110-2-1602 might require some familiarization with the updated standards and practices outlined therein. However, for those directly involved in related projects, this removal represents a shift toward a streamlined approach to regulatory compliance within the Corps, potentially making project design and implementation more straightforward.

Overall, the move appears to streamline operations without tangible adverse effects on the public or stakeholders, aligning with broader goals of regulatory reform and reducing outdated bureaucratic procedures.