[Federal Register Volume 88, Number 210 (Wednesday, November 1, 2023)]
[Notices]
[Pages 74984-74985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24069]
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DEPARTMENT OF DEFENSE
Department of the Army
[Docket ID: USA-2023-HQ-0016]
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 January
2, 2024.
ADDRESSES: You may submit comments, identified by docket number and
title, by any of the following methods:
Federal eRulemaking Portal: http://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: Jurisdictional
Determination Forms and Aquatic Resources Delineation Forms; ENG Forms
6116 (0-9), 6245-6250, 6281 (1-2); OMB Control Number 0710-0024.
Needs and Uses
Jurisdictional Determination Forms
The U.S. Army Corps of Engineers (Corps), through its Regulatory
Program, regulates certain activities in waters of the United States
(WOTUS), pursuant to Section 404 of the Clean Water Act (CWA). WOTUS
are defined under 33 CFR part 328. The Corps also regulates certain
activities in ``navigable waters of the United States'' pursuant to
Sections 9 and 10 of the Rivers and Harbors Act of 1899 (RHA). The
Corps has authorized its district engineers to issue formal
determinations concerning the applicability of the CWA or the RHA to
tracts of land. (See 33 CFR 320.1(a)(6)). These formal determinations
concerning the applicability of the CWA or RHA to tracts of land are
known as ``jurisdictional determinations.'' Approved jurisdictional
determinations (AJDs) and preliminary JDs (PJDs) are tools used by the
Corps to help implement Section 404 of the CWA (33 U.S.C. 1344) and
Sections 9 and 10 of the RHA (33 U.S.C. 401, et seq.). Both types of
JDs specify what geographic areas will be treated as subject to
regulation by the Corps under one or both statutes.
On August 29, 2023, the U.S. Environmental Protection Agency (EPA)
and Department of the Army (the agencies) issued a final rule to amend
the final ``Revised Definition of `Waters of the United States''' rule,
published in the Federal Register on January 18, 2023. This final rule
conforms the definition of ``waters of the United States'' to the U.S.
Supreme Court's May 25, 2023, decision in the case of Sackett v.
Environmental Protection Agency. Parts of the January 2023 Rule are
invalid under the Supreme Court's interpretation of the Clean Water Act
in the Sackett decision. Therefore, the agencies have amended key
aspects of the regulatory text to conform it to the Court's decision.
The conforming rule, ``Revised Definition of 'Waters of the United
States'; Conforming,'' published in the Federal Register and became
effective on September 8, 2023.
As a result of ongoing litigation on the January 2023 Rule, the
agencies are currently implementing the January 2023 Rule, as amended
by the conforming rule, in 23 states, the District of Columbia, and the
U.S. Territories. In the other 27 states and for certain parties, the
agencies are interpreting ``waters of the United States'' consistent
with the pre-2015 regulatory regime and the Supreme Court's decision in
Sackett until further notice.
This information collection request thus implements the collections
of information associated with the Corps' implementation of the 2023
Rule, as amended, and the pre-2015 regime consistent with Sackett. The
Corps intends to implement the 2023 Conforming Rule and the pre-2015
regime consistent with Sackett using two forms, which consist of the
Preliminary Jurisdictional Determination Form (PJD Form) and a ``JD
Request Form.'' Under the most recent regulatory regimes (the September
2023 Conforming Rule and the pre-2015 regime consistent with Sackett),
the Corps has elected to use a Memorandum for Record (MFR) instead of a
JD ``form'' to document the basis of its jurisdictional decisions under
those two regimes. While we are including four separate AJD Forms in
this package, including (1) the ``pre-2015 regime (a.k.a.,
``Rapanos'')'' AJD Form, (2) The pre-2015/Rapanos ``dry land'' AJD
Form, (3) the 2020 NWPR AJD Form, and (4) the January 2023 Rule AJD
Form, none of those four AJD Forms are currently in use. Even though
these four forms are not currently in use, they are included in this
collection for historical purposes. Therefore, there a total of six JD
forms (the PJD Form, the JD Request Form, and the 4 historical AJD
Forms) in this collection.
[[Page 74985]]
Aquatic Resource Delineation Datasheets
In order for the Corps to determine the amount and extent of
aquatic resources at a site, the Corps must geographically delineate
aquatic resources in accordance with established regulations, policy,
and guidance. The aquatic resource delineation datasheets fall into two
main categories: (1) the ENG 6119 (0-9) series, which are our automated
wetland determination data sheets (ADS) and (2) the Ordinary High Water
Mark (OHWM) field identification datasheet.
To delineate wetlands, the Corps uses the 1987 Corps of Engineers
Wetlands Delineation Manual (Corps Manual) and the most current
applicable regional supplements. There are ten wetland data sheets in
total but these really are one single collection that is split into 10
regional sub-forms. The ADSs 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.
Additionally, the ADSs automate data analysis using information input
by the respondent (e.g., the ``dominance test'' for wetland
vegetation), which will reduce the time and effort required to complete
these processes.
Non-tidal, non-wetland waters of the United States, which are
defined in 33 CFR part 328, must be delineated to the extent of the
ordinary high water mark (OHWM), which is defined at 33 CFR 328.3(c)(4)
and 33 CFR 329.11(a)(1). Regulatory Guidance Letter (RGL) 05-05
provides guidance on identification of OHWM. In 2022, the Corps
released a draft Engineer Research and Development Center Technical
Report, ``National Ordinary High Water Mark Field Delineation Manual
for Rivers and Streams'' (Draft National Manual), which is the first
national manual that provides and describes indicators and a
methodology which will help improve consistency in the identification
and delineation of the OHWM by (1) providing consistent definitions of
OHWM indicators; (2) outlining a clear, step-by-step process for
identifying the OHWM using a Weight-of-Evidence approach; and (3)
providing a datasheet for logging information at a site. As part of the
development of the Draft National Manual, the Corps developed a Data
Sheet (ENG 6250) for facilitating documentation of the OHWM.
Affected Public: Individuals or households.
Request for Corps Jurisdictional Determination (ENG 6247)
Annual Burden Hours: 2,815.
Number of Respondents: 16,891.
Responses per Respondent: 1.
Annual Responses: 16,891.
Average Burden per Response: 10 minutes.
Approved Jurisdictional Determination Forms (ENG 6245, 6248, & 6281)
Annual Burden Hours: 1,670.
Number of Respondents: 668.
Responses per Respondent: 1.
Annual Responses: 668.
Average Burden per Response: 150 minutes.
Rapanos Dry Land AJD Form (ENG 6246)
Annual Burden Hours: 61.
Number of Respondents: 243.
Responses per Respondent: 1.
Annual Responses: 243.
Average Burden per Response: 15 Minutes.
Preliminary JD Form (Eng 6249)
Annual Burden Hours: 625.
Number of Respondents: 1,500.
Responses per Respondent: 1.
Annual Responses: 1,500.
Average Burden per Response: 25 Minutes.
Ordinary High Water Mark Data Sheet (Eng 6250)
Annual Burden Hours: 19,990.
Number of Respondents: 39,980.
Responses per Respondent: 1.
Annual Responses: 39,980.
Average Burden per Response: 30 Minutes.
Automated Wetland Data Sheets (Eng 6116 (0-9))
Annual Burden Hours: 48,692.
Number of Respondents: 48,692.
Responses per Respondent: 2.
Annual Responses: 97,384.
Average Burden per Response: 30 Minutes.
Total
Annual Burden Hours: 73,853.
Number of Respondents: 107,974.
Annual Responses: 156,666.
Frequency: On Occasion.
Dated: October 24, 2023.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2023-24069 Filed 10-31-23; 8:45 am]
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