Notice2023-03499
Proposed Collection; Comment Request
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 21, 2023
Issuing agencies
Defense DepartmentArmy Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 34 (Tuesday, February 21, 2023)</title>
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[Federal Register Volume 88, Number 34 (Tuesday, February 21, 2023)]
[Notices]
[Pages 10500-10501]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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]
BILLING CODE 5001-06-P
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