[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)]
[Proposed Rules]
[Pages 56192-56193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25554]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Chapter II


Report on Potential Actions To Reduce Regulatory Burdens on 
Domestic Energy Production

AGENCY: Army Corps of Engineers, DoD.

ACTION: Notice of availability.

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SUMMARY: The U.S. Army Corps of Engineers (Corps) has issued a report 
that examined actions it could take to modify existing regulations that 
potentially burden the development and use of domestically produced 
energy resources, such as oil, natural gas, coal, and nuclear energy, 
as well as renewable energy. The report was required by Executive Order 
13783, Promoting Energy Independence and Economic Growth. The report 
identifies changes that could be made to several nationwide permits 
that authorize activities under section 10 of the Rivers and Harbors 
Act of 1899 and section 404 the Clean Water Act that are associated 
with domestic energy production and use.

ADDRESSES: U.S. Army Corps of Engineers, Attn: CECW-CO-R, 441 G Street 
NW., Washington, DC 20314-1000.

FOR FURTHER INFORMATION CONTACT: Mr. David Olson at 202-761-4922 or 
access the U.S. Army Corps of Engineers Regulatory Home Page at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx.

SUPPLEMENTARY INFORMATION: Executive Order (E.O.) 13783, Promoting 
Energy Independence and Economic Growth, was published in the Federal 
Register on March 31, 2017 (82 FR 16093). That E.O. requires federal 
agencies to immediately review existing regulations that may burden the 
development or use of domestically produced energy resources. Section 2 
of E.O. 13783 requires federal agencies to prepare and issue reports 
with specific recommendations to change their regulations that could 
reduce or eliminate burdens to domestic energy production.

[[Page 56193]]

    On October 25, 2017, the Corps issued a report recommending changes 
to nine nationwide permits to reduce burdens on domestic energy 
producers. The report is available at: http://www.usace.army.mil/Portals/2/docs/civilworks/nwp/NWP_13783_25sept2017_castle.pdf?ver=2017-10-25-092532-813.
    The Corps issues nationwide permits to authorize certain categories 
of activities that require Department of the Army permits under section 
404 of the Clean Water Act and/or section 10 of the Rivers and Harbors 
Act of 1899. Nationwide permits are general permits that authorize 
activities across the country that result in no more than minimal 
individual and cumulative adverse environmental effects. Nationwide 
permits can be issued for a period of 5 years, and the current 
nationwide permits were issued on December 21, 2016. Those nationwide 
permits were published in the Federal Register on January 6, 2017 (82 
FR 1860) and went into effect on March 19, 2017. Those nationwide 
permits expire on March 18, 2022. There are 52 nationwide permits, and 
the report identifies 12 nationwide permits that authorize activities 
associated with domestic energy production and use. The report suggests 
modifications to nine of those nationwide permits to reduce burdens on 
domestic energy producers.
    The nine nationwide permits (NWPs) recommended for changes include: 
NWP 3, Maintenance; NWP 12, Utility Line Activities; NWP 17, Hydropower 
Projects; NWP 21, Surface Coal Mining Activities; NWP 39, Commercial 
and Institutional Developments; NWP 49, Coal Remining Activities; NWP 
50, Underground Coal Mining Activities; NWP 51, Land-Based Renewable 
Energy Generation Projects; and NWP 52, Water-Based Renewable Energy 
Generation Pilot Projects.
    The Corps will coordinate with the administration to determine if 
the recommended changes in the report will be pursued. Any 
modifications to the nine nationwide permits identified in the report 
would require rulemaking to change those nationwide permits. That 
rulemaking process requires publishing a proposed rule in the Federal 
Register to solicit comments on the proposed changes to the nationwide 
permits, evaluating the comments received, and issuing a final rule to 
modify those nationwide permits. Modification of those nationwide 
permits will also require, as applicable, water quality certifications 
under section 401 of the Clean Water Act and consistency determinations 
under the Coastal Zone Management Act.

    Dated: November 17, 2017.
Thomas P. Smith,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2017-25554 Filed 11-27-17; 8:45 am]
 BILLING CODE 3720-58-P