[Federal Register Volume 64, Number 240 (Wednesday, December 15, 1999)]
[Notices]
[Pages 69994-69995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32505]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers


Proposal To Issue and Modify Nationwide Permits

AGENCY: Army Corps of Engineers, DoD.

ACTION: Notice of extension of expiration date for Nationwide Permit 
26.

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SUMMARY: In Part III of the July 21, 1999, issue of the Federal 
Register (64 FR 39252), the Corps of Engineers (Corps) published its 
proposal to issue five new Nationwide Permits (NWPs), to modify six 
existing NWPs, and add three new NWP general conditions to replace NWP 
26 when it expires. To thoroughly review and consider the 1,700 
comments received in response to the July 21, 1999, Federal Register 
notice and make necessary changes to the proposed NWPs and general 
conditions, additional time is required and a new schedule for 
finalizing the NWPs has been developed. The Corps is also announcing a 
process for submitting NWP 26 PCNs that will provide for an efficient 
transition from NWP 26 to the new and modified NWPs.

DATES: The process for accepting NWP 26 PCNs is effective on December 
15, 1999.

ADDRESSES: HQUSACE, ATTN: CECW-OR, 20 Massachusetts Avenue, NW, 
Washington, DC 20314-1000.

FOR FURTHER INFORMATION CONTACT: Mr. David Olson or Mr. Sam Collinson 
at (202) 761-0199 or access the Corps of Engineers Regulatory Home Page 
at: http://www.usace.army.mil/inet/functions/cw/cecwo/reg/.

SUPPLEMENTARY INFORMATION: In response to the proposal published in the 
July 21, 1999, Federal Register to issue 5 new NWPs, to modify 6 
existing NWPs, and to add 3 new NWP general conditions to replace NWP 
26, the Corps received over 1,700 comments. To thoroughly review and 
consider these comments, the Corps needs additional time to make 
changes to the proposed new and modified NWPs and general conditions 
and address the comments received in response to the July 21, 1999, 
Federal Register notice. The new and modified NWPs will be issued on or 
before February 14, 2000, and will become effective 60 days later on or 
before April 14, 2000.
    To ensure that there continues to be an NWP available to authorize 
activities in headwaters and isolated waters that have minimal adverse 
effects on the aquatic environment, the expiration date of NWP 26 is 
extended until April 14, 2000, except as indicated below. To provide an 
efficient transition from NWP 26 to the new and modified NWPs that will 
replace NWP 26, Corps district offices will process all preconstruction 
notifications (PCNs) for NWP 26 activities that are submitted to Corps 
district offices on or before the publication date of the final new and 
modified NWPs in the Federal Register (currently scheduled for February 
14, 2000). For such NWP 26 PCNs, where the Corps subsequently 
determines that the project meets the terms and conditions of NWP 26, 
the verification will remain in effect until February 11, 2002. As of 
today, the Corps is suspending the 45 day period in paragraph (a)(3) of 
General Condition 13. The Corps will continue to process such PCNs and 
reach final decisions as expeditiously as possible. However, a 
prospective permittee who submits a NWP 26 PCN after today's date 
cannot assume, after 45 days have passed, that the proposed work is 
authorized by NWP 26. Consequently, an NWP 26 verification must be 
received prior to commencing the work. PCNs submitted to Corps district 
offices after the publication date of the final new and modified NWPs 
will be processed under the procedures for the new and modified NWPs or 
the other existing NWPs. The revised schedule for the new and modified 
NWPs is illustrated in Figure 1.

    Dated: December 10, 1999.
Charles M. Hess,
Chief, Operations Division, Directorate of Civil Works.
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[FR Doc. 99-32505 Filed 12-14-99; 8:45 am]
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