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Corps Seeking Comment on Existing Regulations for Possible Repeal, Replacement or Modification

Posted @ Thursday, July 20, 2017    By Zach Israel
Posted in [ Blog, Water and Natural Resources, Flood Issues ] | 0 Comments

In accordance with Executive Order 13777, “Enforcing the Regulatory Reform Agenda,” the Army Corps of Engineers Regulatory Reform Task Force is seeking input on its existing regulations that may be appropriate for repeal, replacement, or modification. The notice, which was published in the Federal Register on July 20, lists regulations subject to the review; however, the agency will also accept comments on regulations that are not listed in the notice. For a list of regulations identified by the Corps, refer to the list at the bottom on the Federal Register notice (Docket Number COE-2017-0004).


Specifically, the Corps is looking for comments on regulations that:


(i)                 Eliminate jobs, or inhibit job creation;

(ii)               Are outdated, unnecessary, or ineffective;

(iii)             Impose costs that exceed benefits;

(iv)             Create a serious inconsistency or otherwise interfere with regulatory reform initiatives and policies;

(v)               Are inconsistent with the requirements of section 515 of the Treasury and General Government Appropriation Act, 2001 (44 U.S.C. 3516 note), or the guidance issued pursuant to that provision in particular those regulations that rely in whole or in part on data, information, or methods that are not publicly available or that are insufficiently transparent to meet the standard of reproducibility; or

(vi)             Derive from or implement Executive Orders or other Presidential directives that have been subsequently rescinded or substantially modified.


Comments are due on or before September 18, 2017. Please take a look at the list and let me know if there are any you would like to see addressed. Also let me know if there are any NOT on the list that you believe should be reviewed. We will be diving in to the notice in greater detail but from my initial read, I don’t think the comments will need to be that involved.  I think a comment letter that identifies the regulations of concern with a brief explanation of the barriers they create will be sufficient.  I do not think we need to get in to a dialogue of how each regulation needs to be specifically changed. We can assist in the preparation and submission of comments.

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