81 FR 22580 - National Wetland Plant List
DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers Federal Register Volume 81, Issue 74 (April 18, 2016)
Department of the Army, Corps of Engineers
Federal Register Volume 81, Issue 74 (April 18, 2016)
| Page Range | 22580-22583 | |
| FR Document | 2016-08917 |
[Federal Register Volume 81, Number 74 (Monday, April 18, 2016)] [Notices] [Pages 22580-22583] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-08917] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers National Wetland Plant List AGENCY: Army Corps of Engineers, DoD. ACTION: Final notice. ----------------------------------------------------------------------- SUMMARY: The U.S. Army Corps of Engineers (Corps), as part of an interagency effort with the U.S. Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (FWS) and the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS), is announcing the availability of the final 2016 National Wetland Plant List (NWPL). The NWPL is used to determine whether the hydrophytic vegetation parameter is met when conducting wetland determinations under the Clean Water Act and the Wetland Conservation Provisions of the Food Security Act. Other applications of the list include wetland restoration, establishment, and enhancement projects. The list will become effective on May 1, 2016 and will be used in any wetland delineation performed after this date. Delineations received prior to this date may still use the 2014 NWPL, or you may choose to use the 2016 list. Always reference the list used on any wetland delineation/ determination forms. DATES: The 2016 NWPL will become effective on May 1, 2016. ADDRESSES: U.S. Army Corps of Engineers, Attn: CECW-CO-R, 441 G Street NW., Washington, DC 20314-1000. FOR FURTHER INFORMATION CONTACT: Karen Mulligan, Headquarters, U.S. Army Corps of Engineers, Operations and Regulatory Community of Practice, Washington, DC 20314-1000, by phone at 202-761-4664 or by email at [email protected]. SUPPLEMENTARY INFORMATION: Background The NWPL has undergone several revisions since its inception in 1988. The Corps led interagency efforts to update the list in 2012, 2013, and 2014. The 2012 list contained 7,828 species, [[Page 22581]] the 2013 update contained 7,937 species, and the 2014 update contained 8,061 species. Additions, or deletions, to these lists represent new records, range extensions, nomenclatural and taxonomic changes, and newly proposed species. The latest review process began in 2015 and included the review by Regional Panels (RPs), the National Panel (NP), and the public, whom provided input on changes to the wetland indicator status of 1,689 species. Four groups of species were examined during this update. The first group consisted of rating changes for 25 species (including six new additions) that the public requested on the NWPL Web site (November 10, 2014 to January 31, 2015) and during the Federal Register Comment Period (September 14, 2015 to November 13, 2015). The second group consisted of 166 species with highly variable ratings spanning more than three ratings categories nationally (e.g., rated FACW in the Arid West and UPL in the Caribbean). The third group consisted of five nationally problematic species. Initially, the public requested a rating change for these five species in one region. However, their ratings were re-examined in all regions where they occur, based on a NP request (a total of 21 ratings). Seven species occurred in more than one of these three groups. The fourth group consisted of input received on the wetland ratings of 1,500 species that occur in the South Pacific Islands (SPI) subregion. In group one, based on public requests for rating changes, 88% of the wetland ratings for 25 species were changed on the 2016 NWPL. In group two, species with highly variable ratings, the ratings of all of the species were changed to some degree. In group three, the nationally problematic species, 76% of the 21 ratings were changed for five species. In group four, the SPI species, 12.6% of the ratings were changed. The NWPL was first published by the FWS in 1988 and first updated in 2012 to include 7,828 species. The 2014 update contained 8,061 species (Lichvar et al. 2014). Four were rated UPL in all regions where they occur, so there were a total of 8,057 species that occur in wetlands. This update contains 8,092 species, a net change of 35 more species (39 species added in the SPI, six new species in the Continental U.S. (CONUS), and removal of ten UPL species). These 8,092 species have 27,984 unique ratings since each can occur in more than one of the ten regions. The 2016 list includes changes in plant indicator status (OBL, FACW, FAC, FACU and UPL designations) from the 2014 list for 186 species found in the CONUS. Since these 186 species can occur in multiple Corps delineation regions, each having a unique rating, there were a total of 306 rating changes. The indicator status (rating) represents the likelihood that a particular plant occurs in a wetland or upland. The specific breakout of the 306 rating changes was: 49 percent (150 ratings) were assigned wetter indicator ratings and 51 percent (156 ratings) species were assigned drier indicator ratings. Ratings for 41 species were wetter in one region and drier in another region and ratings of three species did not change. In the SPI, there were 189 ratings changes, for a grand total of 495 rating changes in the entire list. A summary of rating changes by region and the response to the technical comments is available at: http://wetland_plants.usace.army.mil/. Policy-level and review process comments are summarized below. Discussion of Public Comments 1. Overview In response to the September 14, 2015, Federal Register notice, a total of 18 comments were received and reviewed on 50 species from eight Corps wetland delineation regions and one subregion. One additional comment was submitted by mistake. The Corps received seven written comments in response to the September 14, 2015, Federal Register 80 CFR number 177. One agency responded that they had no comments on the proposed ratings and appreciated the opportunity to review the draft NWPL. Three raised technical issues and three commented only on species, offering no objections or comments on the update, and a total of 36 species were commented on in these six letters. Comments on 14 species from 11 individuals were electronically submitted on the NWPL Web site. The final 2016 NWPL was compiled based on the RP and NP reviews and consideration of the 18 comments received. General Comments Most comments pertained to the rating of specific species in several regions, some supported ratings changes and some did not. The rationale for all ratings changes is provided in the response to technical comments document. One commenter was concerned with the inclusion of invasive/non-native species on the NWPL and how ratings are assigned to these species. Nativity to a particular region of the country is irrelevant for the purpose of assigning wetland indicator ratings. Instead, wetland ratings are based on how often a plant species is found to occur in wetlands vs. uplands (Lichvar et al. 2012, Lichvar and Minkin 2008). For both native and non-native species, wetland indicator ratings are assigned based on the NWPL Review Standard. The Review Standard involves a review of literature citations, herbaria records, and field observations. RPs and NP assign final ratings based on this evidence and professional experience. Another commenter expressed concerns that the process for requesting changes to ratings is a burden on the public with regard to time or cost. The time and cost of requesting a rating change is minimal and reasonable; an individual or group simply needs to explain the rationale behind their proposed rating change in order to begin an open dialog on the current wetland rating. The change requests are processed by the RPs and NP, through which the NWPL Review Standard is applied to the species in question. One commenter requested the inclusion of non-governmental, private- sector and academic experts on the NWPL panels, stating that government-only membership prevents the public from benefiting from expertise of botanists and other experts who are not federal employees. We do not feel that private sector or academic representatives should serve on the interagency regional or national panels as voting members. We encourage outside entities to provide input into the ratings process by providing scientific information, field data, literature reviews, and the like during the Federal Register notice process and by providing comments on the NWPL Web site. The information obtained can be useful to provide ``expertise, knowledge, and clarity'' to the NWPL process in this manner and helps inform final NWPL ratings. A final concern was the lack of habitat descriptions from the literature for many NWPL species. One commenter suggested removing from the NWPL all species that lack literature. Another criticized the lack of literature from a particular Corps region. The Corps has developed a future plan for collecting habitat citations for all the species that lack them. Ratings of these species will be re-examined in light of any new data according to this timeline: Habitat citations for species that occur in the largest number of U.S. counties will be compiled in 2016, for review during the 2017 NWPL update. Supporting literature for species that occur in fewer counties will be compiled in 2018, for the 2019 NWPL update. Consistent with the current and past updates to the [[Page 22582]] NWPL, we will post the following information to the NWPL Web site: The species' current regional rating, RP rating, NP rating, a summary of the types of data (e.g., literature and herbaria records) used to assign ratings, and the recently acquired literature. Supporting documentation will be obtained from trustworthy sources, and the use of state, regional, and national floras or peer-reviewed journal articles is preferred. Online references and herbarium records will expedite data gathering provided the source is reliable. The number of citations/records considered adequate will vary with each species' range. Species with broad ranges that occur in several Corps regions will require more documentation than a species that is endemic to one or two counties. Likewise, few regionally specific references are available for species whose range recently expanded into a new Corps region. For instance, habitat references for species with recent range expansions into the South Pacific Islands, and the Caribbean may be difficult to obtain. Under these circumstances, citations from adjacent states or regions will be considered. During updates these citations from adjacent regions may be used to help guide decisions in regions that lack habitat citations due to recent range expansions. We believe that a minimum of ten citations or herbarium records for each species that currently lacks references is adequate for most species. Fewer records for rare or endemic species may be acceptable. The Corps welcomes public participation in this ongoing effort to improve wetland indicator ratings. Recent habitat citations for wetland plant species that lack literature may be contributed via email ([email protected]). The Corps believes we have adequately reviewed the comments and allowed for public and agency input for the proposal. More extensive response to comments can be viewed at http://wetland_plants.usace.army.mil/. Future updates to the NWPL will occur biennially according to the following procedures. A change in indicator status may be requested at any time at http://wetland_plants.usace.army.mil/ by clicking on the ``Submit a NWPL Change Request'' link and submitting the appropriate data. Data includes ecological data, literature reviews, frequency and abundance data, testing descriptions, and geographic data for the taxon in wetlands and uplands in the Corps wetland region or subregion for which the change is proposed. The regions and subregions are based on Land Resource Regions (LRRs) and Major Land Resource Areas (MLRAs) (http://soils.usda.gov/survey/geography/mlra/) and are shown for each wetland supplement region on the NWPL Web site. If the commenter feels that a wetland supplement region needs a subregion that has not yet been developed, the commenter should identify the MLRAs involved and provide a list of species from within that region that need their own wetland ratings. In addition to these public requests, biennial updates will also include changes in nomenclature and taxonomy, range extensions, and newly proposed species. Proposed rating changes will be compiled in January of odd years (i.e., 2017, 2019) and sent to the RPs for input in February. The NP will assign wetland ratings to non-consensus species and will review all regional lists in April. The proposed changes will be compiled over the summer and published in the Federal Register for public comment in September. In October, public comments will be summarized and the National Panel will review and respond to comments. The final changes will be published in the Federal Register in December of odd years. The Corps, in cooperation with the USEPA, USFWS and NRCS, is publishing final wetland indicator statuses for the 2016 NWPL. The final NWPL is available at http://wetland_plants.usace.army.mil/ and state, regional, and national lists can be downloaded from this site. This completes the review of the NWPL. All comments received have been evaluated and final indicator statuses have been set. Administrative Requirements Plain Language In compliance with the principles in the President's Memorandum of June 1, 1998, (63 FR 31855) regarding plain language, this preamble is written using plain language. The use of ``we'' in this notice refers to the Corps. We have also used the active voice, short sentences, and common everyday terms except for necessary technical terms. Paperwork Reduction Act An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. For the Corps Regulatory Program under Section 10 of the Rivers and Harbors Act of 1899, Section 404 of the Clean Water Act, and Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972, the current OMB approval number for information collection requirements is maintained by the Corps of Engineers (OMB approval number 0710-0003, which expires on August 31, 2015 (extension request currently in review). This update will not have an effect on the paperwork burden because a wetland delineation is not required for a complete application for most permit types. The delineation of special aquatic sites for a complete preconstruction notification only applies to nationwide permits (NWP) and any additional hours will be included in the burden estimate for the 2017 NWP rulemaking. The action will not substantially change paperwork burdens on the regulated public because the use of 2016 NWPL will merely be substituted for the 2014 list currently used in the application process in jurisdictional determinations. Further, the NWPL can be viewed on- line or merged into existing documents (e.g., pick lists for delineations/determination forms) and subsequent updates will be made electronically. Executive Orders 12866 and 13563 Under Executive Order 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821), we must determine whether the regulatory action is ``significant'' and therefore subject to review by OMB and the requirements of the Executive Orders. The Executive Orders define ``significant regulatory action'' as one that is likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order. Pursuant to the terms of Executive Orders 12866 and 13563, we determined that this action is not a ``significant regulatory action'' and therefore, it is not subject to review under requirements of the Executive Orders. Executive Order 13132 Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 10, 1999), requires the Corps to develop an [[Page 22583]] accountable process to ensure ``meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.'' The action does not have federalism implications. We do not believe that the action has substantial direct effects on the States, on the relationship between the Federal government and the States, or on the distribution of power and responsibilities among the various levels of government. The action does not impose any additional substantive obligations on State or local governments. Therefore, Executive Order 13132 does not apply to this action. Regulatory Flexibility Act, as Amended by the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 601 et seq. The Regulatory Flexibility Act generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice-and-comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impacts of the proposed issuance and modification of NWPs on small entities, a small entity is defined as: (1) A small business based on Small Business Administration size standards; (2) a small governmental jurisdiction that is a government of a city, county, town, school district, or special district with a population of less than 50,000; or (3) a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field. After considering the economic impacts of the action on small entities, we certify that the updates to the NWPL will not have a significant impact on a substantial number of small entities since it does not change the Corps' current wetland delineation/identification procedures, or the circumstances under which a wetland delineation is required to make a decision on a Department of the Army permit application. The NWPL is only used to determine if a site has wetland plant community and is not the sole factor for determining whether a site is a wetland under the Clean Water Act. To be considered a wetland under the Clean Water Act, the site must also have wetland hydrology and hydric soils. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under Section 202 of the UMRA, the agencies generally must prepare a written statement, including a cost- benefit analysis, for proposed and final rules with ``federal mandates'' that may result in expenditures to State, local, and tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. Before promulgating a rule for which a written statement is needed, Section 205 of the UMRA generally requires the agencies to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective, or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows an agency to adopt an alternative other than the least costly, most cost-effective, or least burdensome alternative if the agency publishes with the final rule an explanation why that alternative was not adopted. Before an agency establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed, under Section 203 of the UMRA, a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of regulatory proposals with significant federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. We have determined that the NWPL issued today does not contain a Federal mandate that may result in expenditures of $100 million or more for State, local, and Tribal governments, in the aggregate, or the private sector in any one year. The use of the NWPL is consistent with current agency practice, does not impose new substantive requirements and therefore does not contain a Federal mandate that may result in expenditures of $100 million or more for State, local, and Tribal governments, in the aggregate, or the private sector in any one year. Therefore, the NWPL issued today is not subject to the requirements of Sections 202 and 205 of the UMRA. For the same reasons, we have determined that the NWPL update contains no regulatory requirements that might significantly or uniquely affect small governments. Therefore, the issuance of the NWPL is not subject to the requirements of Section 203 of UMRA. Environmental Documentation A decision document has been prepared for this action after all comments received were evaluated. The decision document is available through Headquarters, U.S. Army Corps of Engineers, Operations and Regulatory Community of Practice, 441 G Street NW., Washington, DC 20314-1000. Authority We utilize the NWPL in conducting wetland determinations under the authority of Section 404 of the Clean Water Act (33 U.S.C. 1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 401 et seq.). Dated: April 5, 2016. Edward E. Belk, Jr., P.E., Chief, Operations and Regulatory Division, Directorate of Civil Works. [FR Doc. 2016-08917 Filed 4-15-16; 8:45 am] BILLING CODE 3720-58-P
![22580 Federal Register / Vol. 81, No. 74 / Monday, April 18, 2016 / Notices
DEPARTMENT OF COMMERCE Steelhead (O. mykiss): Threatened, Dated: April 13, 2016.
naturally produced and artificially Angela Somma,
National Oceanic and Atmospheric propagated Upper Columbia River. Chief, Endangered Species Division, Office
Administration of Protected Resources, National Marine
Background Fisheries Service.
RIN 0648–XE565
Section 9 of the ESA and Federal [FR Doc. 2016–08905 Filed 4–15–16; 8:45 am]
Endangered and Threatened Species; regulations prohibit the ‘‘taking’’ of a BILLING CODE 3510–22–P
Take of Anadromous Fish species listed as endangered or
threatened. The term ‘‘take’’ is defined
AGENCY: National Marine Fisheries under the ESA to mean harass, harm,
Service (NMFS), National Oceanic and DEPARTMENT OF DEFENSE
pursue, hunt, shoot, wound, kill, trap,
Atmospheric Administration (NOAA), capture, or collect, or to attempt to Department of the Army, Corps of
Commerce. engage in any such conduct. NMFS may Engineers
ACTION: Notice; availability of permit issue permits to take listed species for
application and request for comment. any act otherwise prohibited by section National Wetland Plant List
SUMMARY: Notice is hereby given that 9 for scientific purposes or to enhance AGENCY: Army Corps of Engineers, DoD.
NMFS has received an update to an the propagation or survival of the
ACTION: Final notice.
application for a direct take permit, in affected species under section
the form of a Hatchery and Genetic 10(a)(1)(A) of the ESA. NMFS SUMMARY: The U.S. Army Corps of
Management Plan (HGMP), from the regulations governing permits for Engineers (Corps), as part of an
Chelan County Public Utility District threatened and endangered species are interagency effort with the U.S.
(PUD) pursuant to the Endangered promulgated at 50 CFR 222.307. Environmental Protection Agency
Species Act (ESA). The HGMP specifies The Methow spring Chinook hatchery (EPA), the U.S. Fish and Wildlife
the operation of a portion of a hatchery program is an ongoing hatchery program Service (FWS) and the U.S. Department
program rearing salmon in the Methow designed to meet conservation and of Agriculture Natural Resources
Basin within the State of Washington. mitigation responsibilities related to Conservation Service (NRCS), is
This document serves to notify the impacts from development in the announcing the availability of the final
public of the availability of the update Methow and Columbia River basins. On 2016 National Wetland Plant List
to the existing permit application for November 13, 2012, NMFS received an (NWPL). The NWPL is used to
comment prior to a decision by NMFS ESA section 10(a)(1)(A) permit determine whether the hydrophytic
whether to issue the permit for the application from the Douglas and Grant vegetation parameter is met when
proposed hatchery program. NMFS also County PUDs and the Washington conducting wetland determinations
notifies the public of the intention to Department of Fish and Wildlife under the Clean Water Act and the
issue a separate ESA permit to the (WDFW) for the Methow spring Chinook Wetland Conservation Provisions of the
Confederated Tribes and Bands of the hatchery program. The permit Food Security Act. Other applications of
Yakama Nation for operation of a application was in the form of an HGMP the list include wetland restoration,
component of the program described in and was made available for public establishment, and enhancement
the application update. comment on December 10, 2013 (78 FR projects. The list will become effective
DATES: Comments must be received at 74116). on May 1, 2016 and will be used in any
the appropriate address or email On March 29, 2016, the Chelan wetland delineation performed after this
mailbox (see ADDRESSES) no later than 5 County PUD submitted an HGMP date. Delineations received prior to this
p.m. Pacific time on May 18, 2016. updating a portion of the original permit date may still use the 2014 NWPL, or
ADDRESSES: Written comments on the application. The HGMP includes a gene you may choose to use the 2016 list.
application should be addressed to the flow management plan, a reduction in Always reference the list used on any
NMFS Sustainable Fisheries Division, the number of juveniles released, and a wetland delineation/determination
1201 NE. Lloyd Boulevard, Suite 1100, description of an additional remote forms.
Portland, OR 97232, or faxed to 503– acclimation/release site. A separate DATES: The 2016 NWPL will become
872–2737. Comments may be submitted section 10(a)(1)(A) permit would be effective on May 1, 2016.
by email. The mailbox address for issued to the Confederated Tribes and
ADDRESSES: U.S. Army Corps of
providing email comments is: Bands of the Yakama Nation for
operation of this additional remote Engineers, Attn: CECW–CO–R, 441 G
ChelanPlan.wcr@noaa.gov. Include in
the subject line of the email comment acclimation/release site, as described in Street NW., Washington, DC 20314–
the following identifier: Comments on the Chelan County PUD HGMP. 1000.
Chelan’s 2016 Methow Hatchery Plan. FOR FURTHER INFORMATION CONTACT:
Authority Karen Mulligan, Headquarters, U.S.
The HGMP is available on the Internet
at www.westcoast.fisheries.noaa.gov. This notice is provided pursuant to Army Corps of Engineers, Operations
FOR FURTHER INFORMATION CONTACT: section 10(c) of the ESA. NMFS will and Regulatory Community of Practice,
Charlene Hurst, at phone number: (503) evaluate the permit application, Washington, DC 20314–1000, by phone
230–5409, or via email: associated documents, and comments at 202–761–4664 or by email at
charlene.n.hurst@noaa.gov. submitted thereon to determine whether karen.mulligan@usace.army.mil.
mstockstill on DSK4VPTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION: the application meets the requirements SUPPLEMENTARY INFORMATION:
of section 10(a)(1)(A) of the ESA. If it is
ESA-Listed Species Covered in This determined that the requirements are Background
Notice met, permits will be issued to WDFW, The NWPL has undergone several
Chinook salmon (Oncorhynchus the PUDs, and the Confederated Tribes revisions since its inception in 1988.
tshawytscha): Endangered, naturally and Bands of the Yakama Nation. NMFS The Corps led interagency efforts to
produced and artificially propagated will publish a record of its final action update the list in 2012, 2013, and 2014.
Upper Columbia River. in the Federal Register. The 2012 list contained 7,828 species,
VerDate Sep<11>2014 17:54 Apr 15, 2016 Jkt 238001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\18APN1.SGM 18APN1](https://thefederalregister.org/doc/81_FR_22654/page/1.svg)
![Federal Register / Vol. 81, No. 74 / Monday, April 18, 2016 / Notices 22583
accountable process to ensure Unfunded Mandates Reform Act reasons, we have determined that the
‘‘meaningful and timely input by State Title II of the Unfunded Mandates NWPL update contains no regulatory
and local officials in the development of Reform Act of 1995 (UMRA), Public requirements that might significantly or
regulatory policies that have federalism Law 104–4, establishes requirements for uniquely affect small governments.
implications.’’ The action does not have Federal agencies to assess the effects of Therefore, the issuance of the NWPL is
federalism implications. We do not their regulatory actions on State, local, not subject to the requirements of
believe that the action has substantial and tribal governments and the private Section 203 of UMRA.
direct effects on the States, on the sector. Under Section 202 of the UMRA,
relationship between the Federal Environmental Documentation
the agencies generally must prepare a
government and the States, or on the written statement, including a cost- A decision document has been
distribution of power and benefit analysis, for proposed and final prepared for this action after all
responsibilities among the various rules with ‘‘federal mandates’’ that may comments received were evaluated. The
levels of government. The action does result in expenditures to State, local, decision document is available through
not impose any additional substantive and tribal governments, in the aggregate, Headquarters, U.S. Army Corps of
obligations on State or local or to the private sector, of $100 million Engineers, Operations and Regulatory
governments. Therefore, Executive or more in any one year. Before Community of Practice, 441 G Street
Order 13132 does not apply to this promulgating a rule for which a written NW., Washington, DC 20314–1000.
action. statement is needed, Section 205 of the Authority
Regulatory Flexibility Act, as Amended UMRA generally requires the agencies
We utilize the NWPL in conducting
by the Small Business Regulatory to identify and consider a reasonable
wetland determinations under the
Enforcement Fairness Act of 1996, 5 number of regulatory alternatives and
authority of Section 404 of the Clean
U.S.C. 601 et seq. adopt the least costly, most cost-
Water Act (33 U.S.C. 1344) and Section
The Regulatory Flexibility Act effective, or least burdensome
10 of the Rivers and Harbors Act of 1899
generally requires an agency to prepare alternative that achieves the objectives
(33 U.S.C. 401 et seq.).
a regulatory flexibility analysis of any of the rule. The provisions of section
205 do not apply when they are Dated: April 5, 2016.
rule subject to notice-and-comment
inconsistent with applicable law. Edward E. Belk, Jr., P.E.,
rulemaking requirements under the
Administrative Procedure Act or any Moreover, section 205 allows an agency Chief, Operations and Regulatory Division,
other statute unless the agency certifies to adopt an alternative other than the Directorate of Civil Works.
that the rule will not have a significant least costly, most cost-effective, or least [FR Doc. 2016–08917 Filed 4–15–16; 8:45 am]
economic impact on a substantial burdensome alternative if the agency BILLING CODE 3720–58–P
number of small entities. Small entities publishes with the final rule an
include small businesses, small explanation why that alternative was
organizations, and small governmental not adopted. Before an agency DEPARTMENT OF EDUCATION
jurisdictions. establishes any regulatory requirements
For purposes of assessing the impacts that may significantly or uniquely affect Announcement of an Open Public
of the proposed issuance and small governments, including tribal Meeting
modification of NWPs on small entities, governments, it must have developed,
AGENCY: National Advisory Council on
a small entity is defined as: (1) A small under Section 203 of the UMRA, a small
Indian Education, Department of
business based on Small Business government agency plan. The plan must
Education.
Administration size standards; (2) a provide for notifying potentially
small governmental jurisdiction that is a affected small governments, enabling ACTION: Announcement of an Open
government of a city, county, town, officials of affected small governments Public Meeting.
school district, or special district with a to have meaningful and timely input in SUMMARY: This notice sets forth the
population of less than 50,000; or (3) a the development of regulatory proposals schedule of an upcoming public
small organization that is any not-for- with significant federal meeting conducted by the National
profit enterprise which is independently intergovernmental mandates, and Advisory Council on Indian Education
owned and operated and is not informing, educating, and advising (NACIE). Notice of the meeting is
dominant in its field. small governments on compliance with required by section 10(a)(2) of the
After considering the economic the regulatory requirements. Federal Advisory Committee Act and
impacts of the action on small entities, We have determined that the NWPL
intended to notify the public of its
we certify that the updates to the NWPL issued today does not contain a Federal
opportunity to attend. In order to
will not have a significant impact on a mandate that may result in expenditures
facilitate the Secretary’s attendance, this
substantial number of small entities of $100 million or more for State, local,
notice is being published less than 15
since it does not change the Corps’ and Tribal governments, in the
days prior to the scheduled meeting
current wetland delineation/ aggregate, or the private sector in any
date.
identification procedures, or the one year. The use of the NWPL is
circumstances under which a wetland consistent with current agency practice, DATES: The NACIE meeting will be held
delineation is required to make a does not impose new substantive on April 25–26, 2016; April 25, 2016—
decision on a Department of the Army requirements and therefore does not 8:30 a.m.–4:00 p.m. Eastern Daylight
Saving Time, April 26, 2015—9:00 a.m.–
mstockstill on DSK4VPTVN1PROD with NOTICES
permit application. The NWPL is only contain a Federal mandate that may
used to determine if a site has wetland result in expenditures of $100 million or 1:00 p.m. Eastern Daylight Saving Time.
plant community and is not the sole more for State, local, and Tribal The meeting location is 400 Maryland
factor for determining whether a site is governments, in the aggregate, or the Ave., Room 3C100, SW., Washington,
a wetland under the Clean Water Act. private sector in any one year. DC 20202.
To be considered a wetland under the Therefore, the NWPL issued today is not FOR FURTHER INFORMATION CONTACT: Tina
Clean Water Act, the site must also have subject to the requirements of Sections Hunter, Designated Federal Official,
wetland hydrology and hydric soils. 202 and 205 of the UMRA. For the same Office of Elementary and Secondary
VerDate Sep<11>2014 17:54 Apr 15, 2016 Jkt 238001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\18APN1.SGM 18APN1](https://thefederalregister.org/doc/81_FR_22654/page/4.svg)
Document Created: 2016-04-16 01:45:22
Document Modified: 2016-04-16 01:45:22
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Final notice. | |
| Dates | The 2016 NWPL will become effective on May 1, 2016. | |
| Contact | Karen Mulligan, Headquarters, U.S. Army Corps of Engineers, Operations and Regulatory Community of Practice, Washington, DC 20314-1000, by phone at 202-761-4664 or by email at [email protected] | |
| FR Citation | 81 FR 22580 |
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