Pest Control Program for Civil Works Projects, 37249 [2021-14721]

Download as PDF Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Rules and Regulations PART 326—ENFORCEMENT 3. The authority citation for part 326 continues to read as follows: ■ Authority: 33 U.S.C. 401 et seq.; 33 U.S.C. 1344; 33 U.S.C. 1413; 33 U.S.C. 2104; 33 U.S.C. 1319; 28 U.S.C. 2461 note. 4. Amend § 326.6 by revising paragraph (a)(1) to read as follows: ■ § 326.6 Class I administrative penalties. (a) * * * (1) This section sets forth procedures for initiation and administration of Class I administrative penalty orders under Section 309(g) of the Clean Water Act, judicially-imposed civil penalties under Section 404(s) of the Clean Water Act, and Section 205 of the National Fishing Enhancement Act. Under Section 309(g)(2)(A) of the Clean Water Act, Class I civil penalties may not exceed $22,585 per violation, except 37249 that the maximum amount of any Class I civil penalty shall not exceed $56,461. Under Section 404(s)(4) of the Clean Water Act, judicially-imposed civil penalties may not exceed $56,461 per day for each violation. Under Section 205(e) of the National Fishing Enhancement Act, penalties for violations of permits issued in accordance with that Act shall not exceed $24,730 for each violation. TABLE 1 TO PARAGRAPH (a)(1) Statutory civil monetary penalty amount for violations that occurred after November 2, 2015, and are assessed on or after 7/15/2021 Environmental statute and U.S. code citation Clean Water Act (CWA), Section 309(g)(2)(A), 33 U.S.C. 1319(g)(2)(A) ......................... CWA, Section 404(s)(4), 33 U.S.C. 1344(s)(4) ................................................................. National Fishing Enhancement Act, Section 205(e), 33 U.S.C. 2104(e) .......................... * * * * * [FR Doc. 2021–14716 Filed 7–14–21; 8:45 am] BILLING CODE 3720–58–P DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers 33 CFR Part 274 RIN 0710–AB37 Pest Control Program for Civil Works Projects U.S. Army Corps of Engineers, Department of Defense. ACTION: Final rule. AGENCY: This final rule removes the U.S. Army Corps of Engineers (USACE) part titled, ‘‘Pest Control Program for Civil Works Projects.’’ This part is redundant 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 July 15, 2021. ADDRESSES: Department of the Army, U.S. Army Corps of Engineers, ATTN: CECW–P (Mr. Jeremy Crossland), 441 G Street NW, Washington, DC 20314– 1000. khammond on DSKJM1Z7X2PROD with RULES SUMMARY: Mr. Jeremy Crossland at (202) 761–4259 or by email at Jeremy.M.Crossland@ usace.army.mil. FOR FURTHER INFORMATION CONTACT: This final rule removes from the Code of Federal Regulations 33 CFR part 274 titled, ‘‘Pest Control Program for Civil Works SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 15:50 Jul 14, 2021 Jkt 253001 $22,585 per violation, with a maximum of $56,461. Maximum of $56,461 per day for each violation. Maximum of $24,730 per violation. Projects,’’ which assigns responsibilities and prescribes procedures concerning the use of chemicals in the USACE pest control program at Civil Works projects under the authority of Public Law 92– 516, as amended, Federal Insecticide, Fungicide and Rodenticide ACT (FIFRA), 7 U.S.C. 136 et seq.,which among other things, transferred responsibility of pesticide regulation from the Department of Agriculture to the Environmental Protection Agency. This rule was initially published on August 15, 1977 (42 FR 41118). While the rule applies only to the Corps’ Pest Control Program, it was published, at that time, in the Federal Register to aid public accessibility. The solicitation of public comment for this removal is unnecessary because the rule is out-of-date, duplicative of existing internal agency guidance, and otherwise covers internal agency operations that have no public compliance component or adverse public impact. For current public accessibility purposes, updated internal agency policy on this topic may be found in Engineer Regulation 1130–2– 540, ‘‘Environmental Stewardship Operations and Maintenance Guidance and Procedures’’ (available at https:// www.publications.usace.army.mil/ Portals/76/Publications/Engineer Regulations/ER_1130-2-540.pdf) The agency policy is only applicable to field operating activities having responsibility for the Pest Control Program and provides guidance specific to the Corps’ use of chemicals at Civil Works projects. This rule removal is being conducted to reduce confusion for the public as well as for the Corps regarding the current policy which governs the Corps’ Pest Control Program. Because the PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 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, ‘‘Regulatory Planning and Review.’’ List of Subjects in 33 CFR Part 274 Pesticides and pests, Water resources. PART 274 [REMOVED] Accordingly, under the authority of 5 U.S.C. 301, the Army Corps of Engineers removes 33 CFR part 274. ■ Dated: July 1, 2021. Jaime A. Pinkham, Acting Assistant Secretary of the Army (Civil Works). [FR Doc. 2021–14721 Filed 7–14–21; 8:45 am] BILLING CODE 3720–58–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 210505–0101] RTID 0648–XB196 Fisheries Off West Coast States; Modification of the West Coast Commercial Salmon Fisheries; Inseason Action #18 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Inseason modification of 2021 management measures. AGENCY: NMFS announces an inseason action in the 2021 ocean salmon fisheries. This inseason action modifies SUMMARY: E:\FR\FM\15JYR1.SGM 15JYR1

Agencies

[Federal Register Volume 86, Number 133 (Thursday, July 15, 2021)]
[Rules and Regulations]
[Page 37249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14721]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 274

RIN 0710-AB37


Pest Control Program for Civil Works Projects

AGENCY: U.S. Army Corps of Engineers, Department of Defense.

ACTION: Final rule.

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SUMMARY: This final rule removes the U.S. Army Corps of Engineers 
(USACE) part titled, ``Pest Control Program for Civil Works Projects.'' 
This part is redundant 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 July 15, 2021.

ADDRESSES: Department of the Army, U.S. Army Corps of Engineers, ATTN: 
CECW-P (Mr. Jeremy Crossland), 441 G Street NW, Washington, DC 20314-
1000.

FOR FURTHER INFORMATION CONTACT: Mr. Jeremy Crossland at (202) 761-4259 
or by email at [email protected].

SUPPLEMENTARY INFORMATION: This final rule removes from the Code of 
Federal Regulations 33 CFR part 274 titled, ``Pest Control Program for 
Civil Works Projects,'' which assigns responsibilities and prescribes 
procedures concerning the use of chemicals in the USACE pest control 
program at Civil Works projects under the authority of Public Law 92-
516, as amended, Federal Insecticide, Fungicide and Rodenticide ACT 
(FIFRA), 7 U.S.C. 136 et seq.,which among other things, transferred 
responsibility of pesticide regulation from the Department of 
Agriculture to the Environmental Protection Agency. This rule was 
initially published on August 15, 1977 (42 FR 41118). While the rule 
applies only to the Corps' Pest Control Program, it was published, at 
that time, in the Federal Register to aid public accessibility.
    The solicitation of public comment for this removal is unnecessary 
because the rule is out-of-date, duplicative of existing internal 
agency guidance, and otherwise covers internal agency operations that 
have no public compliance component or adverse public impact. For 
current public accessibility purposes, updated internal agency policy 
on this topic may be found in Engineer Regulation 1130-2-540, 
``Environmental Stewardship Operations and Maintenance Guidance and 
Procedures'' (available at https://www.publications.usace.army.mil/Portals/76/Publications/EngineerRegulations/ER_1130-2-540.pdf) The 
agency policy is only applicable to field operating activities having 
responsibility for the Pest Control Program and provides guidance 
specific to the Corps' use of chemicals at Civil Works projects.
    This rule removal is being conducted to reduce confusion for the 
public as well as for the Corps regarding the current policy which 
governs the Corps' Pest Control Program. 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, ``Regulatory Planning and Review.''

List of Subjects in 33 CFR Part 274

    Pesticides and pests, Water resources.

PART 274 [REMOVED]

0
Accordingly, under the authority of 5 U.S.C. 301, the Army Corps of 
Engineers removes 33 CFR part 274.

    Dated: July 1, 2021.
Jaime A. Pinkham,
Acting Assistant Secretary of the Army (Civil Works).
[FR Doc. 2021-14721 Filed 7-14-21; 8:45 am]
BILLING CODE 3720-58-P
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