Rule2023-08399
Corps of Engineers, Research and Development, Laboratory Research and Development and Tests, Work for Others
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 21, 2023
Effective
April 21, 2023
Issuing agencies
Defense DepartmentEngineers Corps
Abstract
This final rule removes the U.S. Army Corps of Engineers' part titled, "Corps of Engineers, Research and Development, Laboratory Research and Development and Tests, Work for Others." This part is redundant with existing internal agency guidance and otherwise covers internal agency operations that have no public compliance component or adverse public impact. Therefore, this part can be removed from the Code of Federal Regulations (CFR).
Full Text
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<title>Federal Register, Volume 88 Issue 77 (Friday, April 21, 2023)</title>
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[Federal Register Volume 88, Number 77 (Friday, April 21, 2023)]
[Rules and Regulations]
[Page 24480]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08399]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
32 CFR Part 555
[Docket ID: COE-2022-0001]
RIN 0710-AB43
Corps of Engineers, Research and Development, Laboratory Research
and Development and Tests, Work for Others
AGENCY: U.S. Army Corps of Engineers (Corps), Department of Defense.
ACTION: Final rule.
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SUMMARY: This final rule removes the U.S. Army Corps of Engineers' part
titled, ``Corps of Engineers, Research and Development, Laboratory
Research and Development and Tests, Work for Others.'' This part is
redundant with existing internal agency guidance and otherwise covers
internal agency operations that have no public compliance component or
adverse public impact. Therefore, this part can be removed from the
Code of Federal Regulations (CFR).
DATES: This rule is effective on April 21, 2023.
FOR FURTHER INFORMATION CONTACT: Mr. Anthony Niles at (202) 761-1849 or
by email at <a href="/cdn-cgi/l/email-protection#a7e6c9d3cfc8c9de89f589e9cecbc2d4e7d2d4c6c4c289c6d5cade89cacecb"><span class="__cf_email__" data-cfemail="6e2f001a06010017403c402007020b1d2e1b1d0f0d0b400f1c031740030702">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This final rule removes the Corps'
regulation at 32 CFR part 555, titled ``Corps of Engineers, Research
and Development, Laboratory Research and Development and Tests, Work
for Others.'' Part 555 defines and establishes policies and procedures
applicable to the performance of research, development, and tests at
the Corps' laboratory installations for other governmental and private
agencies and organizations. Removing this part reduces confusion for
the public as well as for the Corps regarding the current policies that
govern performance of research, development, and tests at Corps
facilities for other governmental and private agencies and
organizations. Part 555 refers to an old structure of independent
laboratories within the Corps and to facilities that no longer exist.
The new updated internal agency policy refers to the more recent
organization of the Engineer Research and Development Center (ERDC) and
new laboratories and centers since publication of Part 555.
For public accessibility purposes, the updated internal agency
policy on this topic may be found in various sources. The applicability
content covering the organizational elements and description of
services that apply to research and developments and tests to be
performed for other organizations are included in the strategy document
providing the Corps' overarching approach to research and development,
titled ``USACE Research and Development Strategy'' (Strategy), which
published in November 2021 (available at <a href="https://www.erdc.usace.army.mil/About/USACE-Research-and-Development-Strategy-2022/">https://www.erdc.usace.army.mil/About/USACE-Research-and-Development-Strategy-2022/</a>); in Engineer Circular 70-2-38, ``Civil Works Research,
Development, and Technology Process,'' which published on May 31, 2021
(available at <a href="https://www.publications.usace.army.mil/LinkClick.aspx?fileticket=eyI9_Sz-9Ng%3d&tabid=16426&portalid=76&mid=31387">https://www.publications.usace.army.mil/LinkClick.aspx?fileticket=eyI9_Sz-9Ng%3d&tabid=16426&portalid=76&mid=31387</a>); and in the Engineer
Regulation 1140-1-211 (ER 1140-1-211), ``Reimbursable Services,'' which
published on September 10, 2020 (available at <a href="https://www.publications.usace.army.mil/LinkClick.aspx?fileticket=DKAjxGGNI5w%3d&tabid=16441&portalid=76&mid=43546">https://www.publications.usace.army.mil/LinkClick.aspx?fileticket=DKAjxGGNI5w%3d&tabid=16441&portalid=76&mid=43546</a>). The policy content covering the terms and conditions of services,
agreements, and funds for services are covered in ER 1140-1-211, and
the policies, procedures and responsibilities for support agreements
are covered in the DoD Instruction 4000.19, ``Support Agreements,''
which published on December 16, 2020 (available at <a href="https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/400019p.pdf?ver=AgPBMZwTey4t8dkHDRM4ng%3D%3D">https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/400019p.pdf?ver=AgPBMZwTey4t8dkHDRM4ng%3D%3D</a>). The terms of providing
reimbursement for services content are discussed in ER 1140-1-211.
Additional content on this topic can be found in the Engineer
Regulation 70-1-5, ``Corps of Engineers Research and Development
Program,'' which published on December 31, 1989 (available at <a href="https://www.publications.usace.army.mil/Portals/76/Publications/EngineerRegulations/ER_70-1-5.pdf">https://www.publications.usace.army.mil/Portals/76/Publications/EngineerRegulations/ER_70-1-5.pdf</a>).
The solicitation of public comment for this removal is unnecessary
because the rule is out-of-date and has no public compliance component
or adverse public impact. 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 12866, titled ``Regulatory Planning and Review.''
List of Subjects in 32 CFR Part 555
Engineers Corps, Intergovernmental relations, Laboratories,
Research.
PART 555--[REMOVED]
0
Accordingly, for the reasons stated in the preamble and under the
authority of 5 U.S.C. 301, the Corps removes 32 CFR part 555.
Approved by:
Michael L. Connor,
Assistant Secretary of the Army (Civil Works)
[FR Doc. 2023-08399 Filed 4-20-23; 8:45 am]
BILLING CODE 3720-58-P
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