[Federal Register Volume 88, Number 34 (Tuesday, February 21, 2023)]
[Notices]
[Pages 10500-10501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03499]


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DEPARTMENT OF DEFENSE

Department of the Army

[Docket ID: USA-2023-HQ-0005]


Proposed Collection; Comment Request

AGENCY: U.S. Army Corps of Engineers (USACE), Department of the Army, 
Department of Defense (DoD).

ACTION: 60-Day information collection notice.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the 
U.S. Army Corps of Engineers announces a proposed public information 
collection and seeks public comment on the provisions thereof. Comments 
are invited on: whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information shall have practical utility; the 
accuracy of the agency's estimate of the burden of the proposed 
information collection; ways to enhance the quality, utility, and 
clarity of the information to be collected; and ways to minimize the 
burden of the information collection on respondents, including through 
the use of automated collection techniques or other forms of 
information technology.

DATES: Consideration will be given to all comments received by April 
24, 2023.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
    Federal eRulemaking Portal: https://www.regulations.gov. Follow the 
instructions for submitting comments.
    Mail: Department of Defense, Office of the Assistant to the 
Secretary of Defense for Privacy, Civil Liberties, and Transparency, 
4800 Mark Center Drive, Mailbox #24, Suite 08D09, Alexandria, VA 22350-
1700.
    Instructions: All submissions received must include the agency 
name, docket number and title for this Federal Register document. The 
general policy for comments and other submissions from members of the 
public is to make these submissions available for public viewing on the 
internet at http://www.regulations.gov as they are received without 
change, including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: To request more information on this 
proposed information collection or to obtain a copy of the proposal and 
associated collection instruments, please write to Headquarters, U.S. 
Army Corps of Engineers, 441 G Street NW, Washington, DC 20314-1000, 
ATTN: Mr. Matt Wilson, or call 202-761-5856.

SUPPLEMENTARY INFORMATION: 
    Title; Associated Form; and OMB Number: Wetland Determination 
Automated Data Sheets and Jurisdictional Determination Forms; ENG Form 
6116 (1-9); OMB Control Number 0710-0024.
    Needs and Uses: In an effort to address regional wetland 
characteristics and improve the accuracy and efficiency of wetland 
delineation procedures, the USACE Research and Development Center 
(ERDC) developed ten regional supplements to the USACE manual, the most 
recent of which were issued in 2006. In developing the regional 
supplements, the USACE recognized that a single national manual is 
unable to consider regional differences that are important to the 
identification and functioning of wetlands. The wetland indicators and 
guidance provided in the 10 regional supplements are designed to be 
used in combination with the USACE manual to identify wetland waters of 
the United States. These forms are most often completed by USACE 
Project Managers or environmental consultants, but may also be 
completed by applicants themselves. The Automated Wetland Determination 
Sheets (ADSs) in this collection package streamline the information 
collection process by incorporating reference material and analytical 
processes directly into the form, which is provided as a Microsoft 
Excel document rather than the PDF form included in the regional 
supplements. The ADSs also automatically complete data analysis using 
inputted information, saving users time and effort, and reducing the 
likelihood of human error. Applicants for USACE permits are generally 
required to submit JDs as part of their permit application or in 
support of the permit evaluation process. If wetlands are present, the 
USACE generally requires that JDs include adequately documented wetland 
data sheets in order for the JD to be considered technically adequate. 
The ADSs are formatted such that they may be readily converted to 
Portable Document Format (PDF) for inclusion as part of the applicant's 
JD report.
    Jurisdictional Determination Forms are tools used by the USACE to 
help implement Section 404 of the Clean Water Act (CWA) and Sections 9 
and 10 of the Rivers and Harbors Act of 1899 (RHA). JDs specify what 
geographic areas will be treated as subject to regulation by the USACE 
under one or both statutes. This information collection request has 
previously included three types of JDs; the Approved Jurisdictional 
Determination (AJD), Dry Land AJD, and Preliminary Jurisdictional 
Determination (PJD). The AJD form provides an official determination 
that there are/are not jurisdictional aquatic resources on a parcel 
based on the jurisdictional requirements, while the Dry Land AJD 
provides official determination that jurisdictional aquatic resources 
are absent. The PJD form is used to determine whether aquatic resources 
that exist on a particular parcel ``may be'' subject to regulatory 
jurisdiction. On January 18, 2023, the U.S. Environmental Protection 
Agency and the U.S. Department of the Army announced a final rule 
revising the definition of ``waters of the United States'' at 33 CFR 
328.3 (``the 2023 Rule''). The 2023 Rule is scheduled to become 
effective on March 20, 2023. The Corps is proposing to document the 
basis for AJDs made pursuant to the 2023 Rule using the ``2023 Rule AJD 
Form.'' This form will be used by Corps district staff to document the 
basis for its AJDs completed pursuant to the 2023 Rule. The 2023 Rule 
AJD Form provides a highly efficient and organized process for 
collecting and summarizing jurisdictional basis information. 
Specifically, the 2023 Rule AJD Form will streamline collection of the 
jurisdictional basis information using information response prompts 
that allow the Corps Regulatory staff to document complex information 
accurately and fully with minimal effort from the public.
    Affected Public: Individuals or households.
    Annual Burden Hours: 34,960.
    Number of Respondents: 33,279.
    Responses per Respondent: 1.
    Annual Responses: 33,279.

[[Page 10501]]

    Average Burden per Response: 63.03 minutes.
    Frequency: On Occasion.

    Dated: February 14, 2023.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2023-03499 Filed 2-17-23; 8:45 am]
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