82_FR_56419 82 FR 56192 - Report on Potential Actions To Reduce Regulatory Burdens on Domestic Energy Production

82 FR 56192 - Report on Potential Actions To Reduce Regulatory Burdens on Domestic Energy Production

DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers

Federal Register Volume 82, Issue 227 (November 28, 2017)

Page Range56192-56193
FR Document2017-25554

The U.S. Army Corps of Engineers (Corps) has issued a report that examined actions it could take to modify existing regulations that potentially burden the development and use of domestically produced energy resources, such as oil, natural gas, coal, and nuclear energy, as well as renewable energy. The report was required by Executive Order 13783, Promoting Energy Independence and Economic Growth. The report identifies changes that could be made to several nationwide permits that authorize activities under section 10 of the Rivers and Harbors Act of 1899 and section 404 the Clean Water Act that are associated with domestic energy production and use.

Federal Register, Volume 82 Issue 227 (Tuesday, November 28, 2017) 
[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)]
[Proposed Rules]
[Pages 56192-56193]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25554]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Chapter II


Report on Potential Actions To Reduce Regulatory Burdens on 
Domestic Energy Production

AGENCY: Army Corps of Engineers, DoD.

ACTION: Notice of availability.

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SUMMARY: The U.S. Army Corps of Engineers (Corps) has issued a report 
that examined actions it could take to modify existing regulations that 
potentially burden the development and use of domestically produced 
energy resources, such as oil, natural gas, coal, and nuclear energy, 
as well as renewable energy. The report was required by Executive Order 
13783, Promoting Energy Independence and Economic Growth. The report 
identifies changes that could be made to several nationwide permits 
that authorize activities under section 10 of the Rivers and Harbors 
Act of 1899 and section 404 the Clean Water Act that are associated 
with domestic energy production and use.

ADDRESSES: U.S. Army Corps of Engineers, Attn: CECW-CO-R, 441 G Street 
NW., Washington, DC 20314-1000.

FOR FURTHER INFORMATION CONTACT: Mr. David Olson at 202-761-4922 or 
access the U.S. Army Corps of Engineers Regulatory Home Page at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx.

SUPPLEMENTARY INFORMATION: Executive Order (E.O.) 13783, Promoting 
Energy Independence and Economic Growth, was published in the Federal 
Register on March 31, 2017 (82 FR 16093). That E.O. requires federal 
agencies to immediately review existing regulations that may burden the 
development or use of domestically produced energy resources. Section 2 
of E.O. 13783 requires federal agencies to prepare and issue reports 
with specific recommendations to change their regulations that could 
reduce or eliminate burdens to domestic energy production.

[[Page 56193]]

    On October 25, 2017, the Corps issued a report recommending changes 
to nine nationwide permits to reduce burdens on domestic energy 
producers. The report is available at: http://www.usace.army.mil/Portals/2/docs/civilworks/nwp/NWP_13783_25sept2017_castle.pdf?ver=2017-10-25-092532-813.
    The Corps issues nationwide permits to authorize certain categories 
of activities that require Department of the Army permits under section 
404 of the Clean Water Act and/or section 10 of the Rivers and Harbors 
Act of 1899. Nationwide permits are general permits that authorize 
activities across the country that result in no more than minimal 
individual and cumulative adverse environmental effects. Nationwide 
permits can be issued for a period of 5 years, and the current 
nationwide permits were issued on December 21, 2016. Those nationwide 
permits were published in the Federal Register on January 6, 2017 (82 
FR 1860) and went into effect on March 19, 2017. Those nationwide 
permits expire on March 18, 2022. There are 52 nationwide permits, and 
the report identifies 12 nationwide permits that authorize activities 
associated with domestic energy production and use. The report suggests 
modifications to nine of those nationwide permits to reduce burdens on 
domestic energy producers.
    The nine nationwide permits (NWPs) recommended for changes include: 
NWP 3, Maintenance; NWP 12, Utility Line Activities; NWP 17, Hydropower 
Projects; NWP 21, Surface Coal Mining Activities; NWP 39, Commercial 
and Institutional Developments; NWP 49, Coal Remining Activities; NWP 
50, Underground Coal Mining Activities; NWP 51, Land-Based Renewable 
Energy Generation Projects; and NWP 52, Water-Based Renewable Energy 
Generation Pilot Projects.
    The Corps will coordinate with the administration to determine if 
the recommended changes in the report will be pursued. Any 
modifications to the nine nationwide permits identified in the report 
would require rulemaking to change those nationwide permits. That 
rulemaking process requires publishing a proposed rule in the Federal 
Register to solicit comments on the proposed changes to the nationwide 
permits, evaluating the comments received, and issuing a final rule to 
modify those nationwide permits. Modification of those nationwide 
permits will also require, as applicable, water quality certifications 
under section 401 of the Clean Water Act and consistency determinations 
under the Coastal Zone Management Act.

    Dated: November 17, 2017.
Thomas P. Smith,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2017-25554 Filed 11-27-17; 8:45 am]
 BILLING CODE 3720-58-P

56192 Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Proposed Rules which utilities are small businesses notice to be adopted, including any By direction of the Commission. based on the number of employees that related matters or alternative proposals Issued November 16, 2017. a utility and its affiliates employ.55 that commenters may wish to discuss. Nathaniel J. Davis, Sr., 34. The proposed Reliability Standard Comments are due January 29, 2018. Deputy Secretary. PRC–027–1 (included in FERC–725G6) Comments must refer to Docket No. [FR Doc. 2017–25586 Filed 11–27–17; 8:45 am] will apply to approximately 1,612 RM16–22–000, and must include the BILLING CODE 6717–01–P entities (334 transmission owners, 913 commenter’s name, the organization generator owners, and 365 distribution they represent, if applicable, and their providers) in the United States.56 address in their comments. 38. The Commission encourages DEPARTMENT OF DEFENSE Pursuant to SBA regulations, the employment threshold for transmission comments to be filed electronically via Department of the Army, Corps of is 500 employees, for generator owners the eFiling link on the Commission’s Engineers is between 250 and 750 employees Web site at http://www.ferc.gov. The (depending on the fuel source), and for Commission accepts most standard 33 CFR Chapter II distribution providers is 1,000 word processing formats. Documents employees. We estimate that the annual created electronically using word Report on Potential Actions To Reduce cost for each entity will be $1,048 for processing software should be filed in Regulatory Burdens on Domestic each generator owner and distribution native applications or print-to-PDF Energy Production provider and $5,507 for each format and not in a scanned format. Commenters filing electronically do not AGENCY: Army Corps of Engineers, DoD. transmission owner. 35. The proposed Reliability Standard need to make a paper filing. ACTION: Notice of availability. PER–006–1 (included in FERC–725Y) 39. Commenters that are not able to file comments electronically must send SUMMARY: The U.S. Army Corps of will apply to approximately 875 Engineers (Corps) has issued a report generator operators in the United States. an original of their comments to: Federal Energy Regulatory Commission, that examined actions it could take to Pursuant to SBA regulations the modify existing regulations that employment threshold for generator Secretary of the Commission, 888 First Street NE., Washington, DC 20426. potentially burden the development and operators is between 250 and 750 use of domestically produced energy employees (depending on the fuel 40. All comments will be placed in the Commission’s public files and may resources, such as oil, natural gas, coal, source). We estimate that the annual and nuclear energy, as well as cost for each generator operator will be be viewed, printed, or downloaded remotely as described in the Document renewable energy. The report was $719. required by Executive Order 13783, 36. In addition, this Notice of Availability section below. Commenters on this proposal are not required to Promoting Energy Independence and Proposed Rulemaking proposes the Economic Growth. The report identifies retirement of Reliability Standard PRC– serve copies of their comments on other commenters. changes that could be made to several 001–1.1(ii) (included in FERC–725A). nationwide permits that authorize That retirement would decrease the VII. Document Availability activities under section 10 of the Rivers annual estimated cost for 875 generator and Harbors Act of 1899 and section 404 41. In addition to publishing the full operators by $4,585 each, for 177 the Clean Water Act that are associated text of this document in the Federal transmission operators by $6,681 each, with domestic energy production and Register, the Commission provides all and for 99 balancing authorities by use. interested persons an opportunity to $2,885 each. For the generator operators view and/or print the contents of this ADDRESSES: U.S. Army Corps of affected by this retirement and the document via the Internet through the Engineers, Attn: CECW–CO–R, 441 G proposed Reliability Standard PER– Commission’s Home Page (http:// Street NW., Washington, DC 20314– 006–1, the net annual effect would be a www.ferc.gov) and in the Commission’s 1000. decrease of $3,866 each. We estimate Public Reference Room during normal the net annual cost of this Notice of FOR FURTHER INFORMATION CONTACT: Mr. business hours (8:30 a.m. to 5:00 p.m. Proposed Rulemaking would vary, by David Olson at 202–761–4922 or access Eastern time) at 888 First Street NE., type of entity, from an annual decrease the U.S. Army Corps of Engineers Room 2A, Washington, DC 20426. of $6,681 (for each transmission 42. From the Commission’s Home Regulatory Home Page at http:// operator) to an annual increase of Page on the Internet, this information is www.usace.army.mil/Missions/ $5,507 (for each transmission owner). available on eLibrary. The full text of CivilWorks/ We view this as a minimal economic this document is available on eLibrary RegulatoryProgramandPermits.aspx. impact for each entity. Accordingly, we in PDF and Microsoft Word format for SUPPLEMENTARY INFORMATION: Executive certify that the proposed Reliability viewing, printing, and/or downloading. Order (E.O.) 13783, Promoting Energy Standards PRC–027–1 and PER–006–1 To access this document in eLibrary, Independence and Economic Growth, and retirement of Reliability Standard type the docket number of this was published in the Federal Register PRC–001–1.1 (ii) will not have a document, excluding the last three on March 31, 2017 (82 FR 16093). That significant economic impact on a digits, in the docket number field. E.O. requires federal agencies to substantial number of small entities. 43. User assistance is available for immediately review existing regulations eLibrary and the Commission’s Web site that may burden the development or use jstallworth on DSKBBY8HB2PROD with PROPOSALS VI. Comment Procedures during normal business hours from the of domestically produced energy 37. The Commission invites interested Commission’s Online Support at (202) resources. Section 2 of E.O. 13783 persons to submit comments on the 502–6652 (toll free at 1–866–208–3676) requires federal agencies to prepare and matters and issues proposed in this or email at ferconlinesupport@ferc.gov, issue reports with specific 55 13 or the Public Reference Room at (202) recommendations to change their CFR 121.201, Subsector 221. 56 Many respondents serve multiple roles in the 502–8371, TTY (202) 502–8659. Email regulations that could reduce or NERC compliance registry, so there is likely double the Public Reference Room at eliminate burdens to domestic energy counting in the estimates. public.referenceroom@ferc.gov. production. VerDate Sep<11>2014 15:25 Nov 27, 2017 Jkt 244001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\28NOP1.SGM 28NOP1

Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Proposed Rules 56193 On October 25, 2017, the Corps issued determinations under the Coastal Zone • Filings can be sent by hand or a report recommending changes to nine Management Act. messenger delivery, by commercial nationwide permits to reduce burdens Dated: November 17, 2017. overnight courier, or by first-class or on domestic energy producers. The Thomas P. Smith, overnight U.S. Postal Service mail. All report is available at: http:// filings must be addressed to the Chief, Operations and Regulatory Division, www.usace.army.mil/Portals/2/docs/ Directorate of Civil Works. Commission’s Secretary, Office of the civilworks/nwp/NWP_13783_ Secretary, Federal Communications [FR Doc. 2017–25554 Filed 11–27–17; 8:45 am] 25sept2017_castle.pdf?ver=2017-10-25- Commission. 092532-813. BILLING CODE 3720–58–P • All hand-delivered or messenger- The Corps issues nationwide permits delivered paper filings for the to authorize certain categories of Commission’s Secretary must be activities that require Department of the FEDERAL COMMUNICATIONS delivered to FCC Headquarters at 445 Army permits under section 404 of the COMMISSION 12th St. SW., Room TW–A325, Clean Water Act and/or section 10 of the Washington, DC 20554. The filing hours 47 CFR Part 96 Rivers and Harbors Act of 1899. are 8:00 a.m. to 7:00 p.m. All hand Nationwide permits are general permits [GN Docket No. 17–258; FCC 17–134] deliveries must be held together with that authorize activities across the rubber bands or fasteners. Any country that result in no more than Promoting Investment in the 3500– envelopes and boxes must be disposed minimal individual and cumulative 3700 MHz Band of before entering the building. adverse environmental effects. AGENCY: Federal Communications • Commercial overnight mail (other Nationwide permits can be issued for a Commission. than U.S. Postal Service Express Mail period of 5 years, and the current and Priority Mail) must be sent to 9050 ACTION: Proposed rule. nationwide permits were issued on Junction Drive, Annapolis Junction, MD December 21, 2016. Those nationwide SUMMARY: In this document, the Federal 20701. permits were published in the Federal Communications Commission • U.S. Postal Service first-class, Register on January 6, 2017 (82 FR (Commission) proposes and seeks Express, and Priority mail must be 1860) and went into effect on March 19, comment on reforms of its licensing addressed to 445 12th Street SW., 2017. Those nationwide permits expire rules governing Priority Access Licenses Washington, DC 20554. on March 18, 2022. There are 52 (PALs) in the 3550–3700 MHz band (3.5 People with Disabilities: To request nationwide permits, and the report GHz Band). Specifically, the materials in accessible formats for identifies 12 nationwide permits that Commission proposes extending PAL people with disabilities (Braille, large authorize activities associated with license terms from three years to 10 print, electronic files, audio format), domestic energy production and use. years, with the possibility for renewal; send an email to fcc504@fcc.gov or call The report suggests modifications to seeks comment on increasing the PAL the Consumer & Governmental Affairs nine of those nationwide permits to geographic licensing area; proposes to Bureau at 202–418–0530 (voice), 202– reduce burdens on domestic energy allow portioning and disaggregation of 418–0432 (TTY). producers. PALs on the secondary market; and FOR FURTHER INFORMATION CONTACT: The nine nationwide permits (NWPs) proposes to amend the rules governing Jessica Greffenius, Jessica.Greffenius@ recommended for changes include: assignment of PALs. The Commission fcc.gov, of the Wireless NWP 3, Maintenance; NWP 12, Utility also proposes to remove a rule requiring Telecommunications Bureau, Mobility Line Activities; NWP 17, Hydropower public disclosure of device registration Division, (202) 418–2896. Projects; NWP 21, Surface Coal Mining information, and seeks comment on SUPPLEMENTARY INFORMATION: This is a Activities; NWP 39, Commercial and changes to the technical rules to allow summary of the Commission’s Notice of Institutional Developments; NWP 49, operation over wider bandwidths. Proposed Rulemaking (NPRM) in GN Coal Remining Activities; NWP 50, DATES: Interested parties may file Docket No. 17–258, FCC 17–134, Underground Coal Mining Activities; comments on or before December 28, released on October 24, 2017. The NWP 51, Land-Based Renewable Energy 2017, and reply comments on or before complete text of the NPRM is available Generation Projects; and NWP 52, January 29, 2018. for viewing via the Commission’s ECFS Water-Based Renewable Energy ADDRESSES: You may submit comments, Web site by entering the docket number, Generation Pilot Projects. identified by GN Docket No. 17–258, by GN Docket No. 17–258. The complete The Corps will coordinate with the any of the following methods: text of the NPRM is also available for administration to determine if the • Electronic Filers: Comments may be public inspection and copying from 8:00 recommended changes in the report will filed electronically using the Internet by a.m. to 4:30 p.m. Eastern Time (ET) be pursued. Any modifications to the accessing the Commission’s Electronic Monday through Thursday or from 8:00 nine nationwide permits identified in Comment Filing System (ECFS): http:// a.m. to 11:30 a.m. ET on Fridays in the the report would require rulemaking to fjallfoss.fcc.gov/ecfs2/. See Electronic FCC Reference Information Center, 445 change those nationwide permits. That Filing of Documents in Rulemaking 12th Street SW., Room CY–B402, rulemaking process requires publishing Proceedings, 63 FR 24121 (1998). Washington, DC 20554, telephone 202– a proposed rule in the Federal Register • Paper Filers: Parties who choose to 488–5300, fax 202–488–5563. to solicit comments on the proposed file by paper must file an original and Alternative formats are available for jstallworth on DSKBBY8HB2PROD with PROPOSALS changes to the nationwide permits, one copy of each filing. Generally, if people with disabilities (Braille, large evaluating the comments received, and more than one docket or rulemaking print, electronic files, audio format), by issuing a final rule to modify those number appears in the caption of this sending an email to FCC504@fcc.gov or nationwide permits. Modification of proceeding, filers must submit two calling the Consumer and Government those nationwide permits will also additional copies for each additional Affairs Bureau at (202) 418–0530 require, as applicable, water quality docket or rulemaking number. (voice), (202) 418–0432 (TTY). certifications under section 401 of the Commenters are only required to file The proceeding this NPRM initiates Clean Water Act and consistency copies in GN Docket No. 13–111. shall be treated as a ‘‘permit-but- VerDate Sep<11>2014 15:25 Nov 27, 2017 Jkt 244001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\28NOP1.SGM 28NOP1


Document Created: 2017-11-28 01:51:17
Document Modified: 2017-11-28 01:51:17
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of availability.
ContactMr. David Olson at 202-761-4922 or access the U.S. Army Corps of Engineers Regulatory Home Page at http:// www.usace.army.mil/Missions/CivilWorks/ RegulatoryProgramandPermits.aspx.
FR Citation82 FR 56192 
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