Notice2024-06829
Submission for OMB Review; 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
April 1, 2024
Issuing agencies
Defense DepartmentArmy Department
Abstract
The DoD has submitted to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act.
Full Text
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<title>Federal Register, Volume 89 Issue 63 (Monday, April 1, 2024)</title>
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[Federal Register Volume 89, Number 63 (Monday, April 1, 2024)]
[Notices]
[Pages 22394-22396]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06829]
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DEPARTMENT OF DEFENSE
Department of the Army
[Docket ID: USA-2023-HQ-0016]
Submission for OMB Review; Comment Request
AGENCY: U.S. Army Corps of Engineers (USACE), Department of the Army,
Department of Defense (DoD).
ACTION: 30-Day information collection notice.
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SUMMARY: The DoD has submitted to the Office of Management and Budget
(OMB) for clearance the following proposal for collection of
information under the provisions of the Paperwork Reduction Act.
DATES: Consideration will be given to all comments received by May 1,
2024.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
FOR FURTHER INFORMATION CONTACT: Reginald Lucas, (571) 372-7574,
<a href="/cdn-cgi/l/email-protection#c0b7a8b3eeada3eda1aca5b8eea5b3a4eeada2b8eea4a4eda4afa4eda9aea6afb2ada1b4a9afaeeda3afacaca5a3b4a9afaeb380ada1a9aceeada9ac"><span class="__cf_email__" data-cfemail="384f504b16555b1559545d40165d4b5c16555a40165c5c155c575c1551565e574a55594c515756155b5754545d5b4c5157564b785559515416555154">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Title; Associated Form; and OMB Number: Jurisdictional
Determination Forms and Aquatic Resources Delineation Forms; ENG Forms
6116 (0-9), 6245-6250, 6281 (0-2); OMB Control Number 0710-0024.
Type of Request: Extension.
Request for Corps Jurisdictional Determination (ENG 6247)
Number of Respondents: 16,891.
Responses per Respondent: 1.
Annual Responses: 16,891.
Average Burden per Response: 10 minutes.
Annual Burden Hours: 2,815.
Approved Jurisdictional Determination Forms (ENG 6245, 6248, & 6281)
Number of Respondents: 668.
Responses per Respondent: 1.
Annual Responses: 668.
Average Burden per Response: 150 minutes.
Annual Burden Hours: 1,670.
Rapanos Dry Land AJD Form (ENG 6246)
Number of Respondents: 243.
Responses per Respondent: 1.
Annual Responses: 243.
Average Burden per Response: 15 minutes.
Annual Burden Hours: 61.
Preliminary JD Form (ENG 6249)
Number of Respondents: 1,500.
Responses per Respondent: 1.
Annual Responses: 1,500.
Average Burden per Response: 25 minutes.
Annual Burden Hours: 625.
Ordinary High Water Mark Data Sheet (ENG 6250)
Number of Respondents: 39,980.
Responses per Respondent: 1.
Annual Responses: 39,980.
Average Burden per Response: 30 minutes.
Annual Burden Hours: 19,990.
Automated Wetland Data Sheets (ENG 6116 (0-9))
Number of Respondents: 48,692.
Responses per Respondent: 2.
Annual Responses: 97,384.
[[Page 22395]]
Average Burden per Response: 30 minutes.
Annual Burden Hours: 48,692.
Total
Number of Respondents: 107,974.
Annual Responses: 156,666.
Annual Burden Hours: 73,853.
Frequency: On Occasion.
Needs and Uses:
Jurisdictional Determination Forms
The USACE (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 WOTUS'' 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 and
Department of the Army (the agencies) issued a final rule to amend the
final ``Revised Definition of `WOTUS' '' rule, published in the Federal
Register on January 18, 2023. This final rule conforms the definition
of ``WOTUS'' 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 CWA 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 'WOTUS';
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 ``WOTUS'' 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.
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 reduces the time and effort required to complete
these processes.
Non-tidal, non-wetland WOTUS, 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 to 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.
Frequency: On occasion.
Respondent's Obligation: Voluntary.
OMB Desk Officer: Mr. Matthew Oreska.
You may also submit comments and recommendations, identified by
Docket ID number and title, by the following method:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the instructions for submitting comments.
Instructions: All submissions received must include the agency
name, Docket ID 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.
DOD Clearance Officer: Mr. Reginald Lucas.
Requests for copies of the information collection proposal should
be sent to Mr. Lucas at <a href="/cdn-cgi/l/email-protection#bbccd3c895d6d896dad7dec395dec8df95d6d9c395dfdf96dfd4df96d2d5ddd4c9d6dacfd2d4d596d8d4d7d7ded8cfd2d4d5c8fbd6dad2d795d6d2d7"><span class="__cf_email__" data-cfemail="bfc8d7cc91d2dc92ded3dac791daccdb91d2ddc791dbdb92dbd0db92d6d1d9d0cdd2decbd6d0d192dcd0d3d3dadccbd6d0d1ccffd2ded6d391d2d6d3">[email protected]</span></a>.
[[Page 22396]]
Dated: March 26, 2024.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2024-06829 Filed 3-29-24; 8:45 am]
BILLING CODE 6001-FR-P
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