FR 2020-28130

The document from the Federal Register pertains to a final rule issued by the U.S. Army Corps of Engineers within the Department of Defense. This rule removes an outdated regulation related to water resources policies and authorities that had become obsolete due to its legal authority expiring back in 1977. This action is part of broader efforts to keep regulatory frameworks current and free of superfluous provisions that are beyond their expiration date.

General Summary

The regulation in question was originally implemented to facilitate local governments in constructing flood control infrastructure that could potentially integrate into larger federal projects. However, since its authority ceased over 40 years ago, the regulation no longer holds any legal or practical application. The removal of such obsolete regulations is deemed necessary to avoid public confusion and align the Corps' regulations with contemporary legal mandates. Notably, this rule change is not expected to have any direct impact on the public in terms of reducing regulatory burdens or costs.

Significant Issues or Concerns

While the decision to remove an outdated regulation seems straightforward, several points warrant further discussion:

• Indirect Financial Impacts: The document doesn't specify any financial implications from the regulation's removal. While it states the regulation doesn't impose costs on the public, any historical financial impact or potential indirect costs or savings are not explored.

• Clarity on Regulatory Streamlining: The document claims the removal will simplify and reduce confusion over regulations, yet it doesn't detail how this will be achieved in practical terms.

• Complex Language: The language concerning the regulation’s initial compatibility and certification process might be complex for the general public, potentially obscuring the original intent and implications of the regulation.

• Unexplored Historical Benefits: It assumes that the regulation’s antiquity implies no public burden, yet it fails to investigate if any original benefits might be lost or if they were effective at the time of enforcement.

• References to Executive Orders: There's mention that the requirements of Executive Order 13771 don't apply, but without explaining what that entails, this could be confusing for those unfamiliar with executive orders.

• Public Comment Consideration: Although the document declares public commentary unnecessary now, it doesn't address whether there were public feedback or concerns when the rule was first published.

Broad Public Impact

The document is unlikely to have a substantial direct impact on the public. It primarily serves to clean up the regulatory clutter, ensuring that legal frameworks in the Code of Federal Regulations reflect current realities and authorities. This action, while routine, does help in maintaining clarity and coherence in federal laws, which is beneficial to both administrative entities and public stakeholders trying to navigate these regulations.

Impact on Specific Stakeholders

Specific stakeholders including local government authorities and those in civil infrastructure sectors might have some tangential interest in this rule change. Historically, the rule made it possible for these entities to receive credit for flood control improvements aligning with potential federal projects. However, since its usefulness and application ended decades ago, the removal is unlikely to have a direct impact on these stakeholders today. Nonetheless, organizations concerned with regulatory policy or those investigating historical flood control initiatives might find this removal of interest for archival or informational purposes.