Overview
Title
Continuing Authorities Programs
Agencies
ELI5 AI
The Army decided to take away some old rules that only mattered to them, so they won't be in the big rule book anymore. They checked to make sure no one outside the Army would be affected by this change.
Summary AI
The U.S. Army Corps of Engineers, part of the Department of Defense, has removed outdated sections called the Continuing Authorities Programs from the Code of Federal Regulations. These sections dealt with internal operations that didn't affect the public and were therefore not necessary for public compliance. The updated policies are now available in internal documents, which help avoid confusion for the public and the Corps. This change is not expected to save money for the public and supports recommendations from the Department of Defense’s Regulatory Reform Task Force.
Abstract
This final rule removes the U.S. Army Corps of Engineers' part titled Continuing Authorities Programs. Each removed section of this part is out-of-date and covers internal agency operations that have no public compliance component or adverse public impact.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).
Keywords AI
Sources
AnalysisAI
Summary of the Document
The U.S. Army Corps of Engineers, which falls under the Department of Defense, decided to remove a section of the regulations known as the Continuing Authorities Programs. This part of the regulatory code is considered outdated because it involves internal operations with no direct impact on public compliance. The final rule sets forth that these procedures can now be accessed through internal documents, thus making the regulation unnecessary in the Code of Federal Regulations (CFR). The effective date for this removal is January 15, 2021.
Significant Issues and Concerns
One of the primary issues with the document is its lack of clarity on what specific problems have arisen due to the prolonged existence of outdated regulations. There is an absence of detailed insight into why these regulations were maintained for so long and what prompted their removal now.
Additionally, the document does not adequately explain how the public can access the updated policies related to the Continuing Authorities Programs. Although it mentions an Engineer Pamphlet (EP), it does not provide comprehensive options or clarity on transparency, leaving the public potentially confused about accessing these documents.
Furthermore, while the removal is stated not to require public comment due to its lack of impact on compliance, there is a lack of a substantive rationale for this decision. More detailed justification could have provided understanding and trust in the transparency of the process.
Lastly, there is a mention of changes in cost share limits and program limits within the internal policy, but specific information on what these changes entail is missing. This absence of information might leave stakeholders and the public without knowledge of potential impacts.
Broad Public Impact
For the general public, the removal of this regulation is likely to go unnoticed, as it primarily affects internal operations of the U.S. Army Corps of Engineers without any direct compliance requirements for individuals or entities. The document stresses that this removal does not result in any reduction in public burden or costs, indicating that the general public will not experience noticeable changes.
Impact on Specific Stakeholders
For those directly interacting with the U.S. Army Corps of Engineers, such as contractors or other government entities, the removal of this regulation might lead to initial confusion regarding where to find updated procedures. However, these stakeholders are likely to benefit from reduced bureaucracy and more straightforward internal procedures, assuming the new internal documents provide clear guidance.
Moreover, entities within the defense and engineering sectors might experience streamlined processes due to the internalization of these regulations. However, they would require clear communication from the Corps to understand any new procedures or changes in policies, particularly those related to cost shares and program limits mentioned but not detailed in the document.
Overall, while the impact on the public is minimal, specific stakeholders might experience both advantages and some initial uncertainties due to the removal of outdated regulations from the CFR.
Issues
• The document specifies that the regulation initially published in 1975 is now being removed as it is outdated, but it does not clearly state what issues or discrepancies have arisen due to the continued presence of outdated regulations until now.
• The document indicates that current policies and procedures are now found internally, but it does not provide enough transparency about how the public can continue to access these critical policies for the Continuing Authorities Programs apart from a single referenced Engineer Pamphlet.
• There is an absence of detailed justification for why public comment was deemed unnecessary for this removal, beyond stating the rule's lack of public compliance impact.
• The document mentions an updated internal agency policy reflects changes in cost share limits and program limits, but does not provide detailed information on what those specific changes entail.
• The reference to Executive Order 13771 states requirements do not apply, but lacks detailed explanation of why this rule removal does not affect regulatory costs.