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DOD/COE RIN: 0710-AB09 Publication ID: Fall 2020 
Title: Regulation of Seaplane Operations at Civil Works Water Resource Development Projects Administered by the Chief of Engineers 
Abstract:

The existing regulation was published on November 15, 1977 (42 FR 59076), under the authority of section 4 of the Act of December 22, 1944, 58 Statue 889, as amended, (16 U.S.C. 460d). The regulation provides uniform policies and criteria for designating Corps projects, or portions thereof, at which seaplane operations are prohibited or restricted, and to continue to protect the integrity and all authorized uses of such projects and the safety of users of such projects. However, the regulation is obsolete as 36 CFR 327.4 (Aircraft) provides the public-facing restrictions on seaplane operations. Engineering Regulation (ER) and Engineer Pamphlet (EP) 1130-2-550, chapter 11 (November 15, 1996), the USACE guidance document relating to seaplane operations, provide sufficient coverage for the management of seaplane operations on USACE Water Resources Development Projects in order to protect project resources, the integrity of all authorized uses of Corps projects, and the safety of all users. The same content for implementation guidance and procedures for this subject matter is now found in ER 36 CFR 327.4 and ER/EP 1130-2-550. The final rule action is largely administrative in nature, removing unnecessary and outdated CFR text that will provide clarity and reduce confusion to the public.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. The ER/EP 1130-2-550 guidance can be found online for the public at: https://www.publications.usace.army.mil/Portals/76/Publications/EngineerRegulations/ER_1130-2-550.pdf?ver=2014-05-06-112352-670. 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: 36 CFR 328   
Legal Authority: 58 Stat. 889    16 U.S.C. 460d   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Final Action  08/00/2021 
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:
Stephen B. Austin
Outdoor Recreation Planner
Department of Defense
U.S. Army Corps of Engineers
Room 6223, Natural Resources Management Branch, CECW-ON, 20 Massachusetts Avenue NW,
Washington, DC 20314-1000
Phone:202 761-4489
Fax:202 761-1671
Email: firearms@usace.army.mil