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DOD/COE RIN: 0710-AB00 Publication ID: Fall 2019 
Title: Emergency Supplies of Drinking Water  
Abstract:

The existing regulation authorized Corps emergency preparation, response, and repair/rehabilitation activities under the authority of 33 U.S.C. 701n (commonly referred to as Pub. L. 84-99). The regulation was promulgated solely in order to implement the 1974 amendment to Public Law 84-99 in section 82(2) of Public Law 93-251, authorizing the Chief of Engineers to provide emergency supplies of clean drinking water to any locality with contaminated drinking water causing or likely to cause a substantial threat to the public health and welfare. Public Law 84-99 has been amended eight times since 1974, although the 1974 provision has not been changed and remains in the law. Similar content for the Corps’ current emergency management is found in regulation at 33 CFR part 203 which includes coverage of the contaminated water authority among the other aspects of the Corps’ emergency management program. Therefore, the existing regulation at 33 CFR part 214 is mostly redundant of 33 CFR part 203. Where it is not duplicative, the 1974 regulation at 33 CFR part 214 could be misleading, as its provisions have been superseded by those in part 203. For example, part 214 delegates to Division or District Commanders authority to take measures in contaminated water situations up to an expenditure of $50,000 per incident. Part 203 contains no dollar limitation on agreements for such measures with affected localities. However, part 203 does limit Corps assistance to 30 days for contaminated water situations, which is not in part 214. The final rule action is largely administrative in nature, removing unnecessary and outdated CFR text which will provide clarity and reduce confusion to the public. The rule does not place a burden on the public, therefore its repeal does not provide a burden reduction or cost savings. This removal supports a recommendation of the DoD Regulatory Reform Task Force.

 

 
Agency: Department of Defense(DOD)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: Undetermined 
EO 13771 Designation: Not subject to, not significant 
CFR Citation: 33 CFR 214   
Legal Authority: Pub. L. 84–99    33 U.S.C. 701n   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Final Action  04/00/2020 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Willem Helms
Department of Defense
U.S. Army Corps of Engineers
CECW-HS, 441 G Street, NW,
Washington, DC 20314
Phone:202 761-5909
Email: willem.h.helms@usace.army.mil