83 FR 46486 - Policy and Procedural Guidance for Processing Requests To Alter US Army Corps of Engineers Civil Works Projects
DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers Federal Register Volume 83, Issue 178 (September 13, 2018)
Department of the Army, Corps of Engineers
Federal Register Volume 83, Issue 178 (September 13, 2018)
| Page Range | 46486-46486 | |
| FR Document | 2018-19926 |
[Federal Register Volume 83, Number 178 (Thursday, September 13, 2018)] [Notices] [Page 46486] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-19926] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers Policy and Procedural Guidance for Processing Requests To Alter US Army Corps of Engineers Civil Works Projects AGENCY: U.S. Army Corps of Engineers, DoD. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The US Army Corps of Engineers (USACE) has issued Engineer Circular (EC) 1165-2-220, Policy and Procedural Guidance for Processing Requests to Alter US Army Corps of Engineers Civil Works Projects Pursuant to Section 408. This agency policy document provides the policies and procedures related to how USACE will process certain requests by others to alter a USACE Civil Works project under Section 14 of the Rivers and Harbors Act of 1899 (more commonly referred to as Section 408). The draft version of this EC was made available for public comment from February 5, 2018 to April 6, 2018. USACE reviewed and considered all comments received, and revised the EC to reflect those comments to the maximum extent possible. The final EC is available on the USACE publications website (http://www.publications.usace.army.mil/) and via hyperlink on the USACE Section 408 website (http://www.usace.army.mil/Missions/Civil-Works/Section408/). The EC is effective beginning September 10, 2018. DATES: The EC is applicable beginning September 10, 2018. FOR FURTHER INFORMATION CONTACT: Ms. Tammy Conforti at 202-761-4649, email [email protected], or visit http://www.usace.army.mil/Missions/Civil-Works/Section408/. SUPPLEMENTARY INFORMATION: Section 14 of the Rivers and Harbors Act of 1899, as amended, and codified in 33 U.S.C. 408 (Section 408) provides that the Secretary of the Army may, upon the recommendation of the Chief of Engineers, grant permission to other entities for the permanent or temporary alteration or use of any USACE Civil Works project. This requires a determination by the Secretary that the requested alteration will not be injurious to the public interest and will not impair the usefulness of the USACE project. The draft version of this EC was made available for public comment from February 5, 2018 to April 6, 2018 (see 83 FR 5075). The comments received on the draft EC are posted at www.regulations.gov in docket number COE-2018-0003. USACE published Engineer Circular (EC) 1165-2-220, Policy and Procedural Guidance for Processing Requests to Alter US Army Corps of Engineers Civil Works Projects Pursuant to 33 U.S.C. 408, to update processes related to how USACE will review certain requests by others to alter a USACE Civil Works project. For example, other entities may want to alter a Civil Works project to increase recreational opportunities; improve flood risk management; or construct a road, transmission line, or pipeline. The purpose of the Section 408 review is to ensure that the Congressionally-authorized purpose and benefits of the Civil Works project are protected and maintained (e.g., flood risk management, navigation, coastal storm damage reduction) and to ensure that what is being proposed is not injurious to the public interest. An effective and efficient review of proposed alterations to Civil Works projects protects taxpayer investments in water resources infrastructure, while ensuring compatibility with new infrastructure or improvements. Process improvements include greater delegation of decisions; introduction of a multi-phased review option for incremental reviews; timelines for written notifications; and procedures to better align and integrate Section 408 with certain reviews conducted by USACE's Regulatory Program. Note, the Section 408 database described in the EC is undergoing testing and will not be available for use by USACE until late calendar year 2018. EC 1165-2-220 expires two years from issuance, which provides USACE time consider implementation experience to identify any necessary clarifications or changes. After two years, EC 1165-2-220 will either be revised, rescinded, or converted to an Engineer Regulation, which does not expire. Feedback on implementation of EC 1165-2-220 may be sent to [email protected]. Dated: September 5, 2018. James C. Dalton, Director of Civil Works. [FR Doc. 2018-19926 Filed 9-12-18; 8:45 am] BILLING CODE 3720-58-P
![46486 Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Notices
Directorate for Oversight and Dated: September 7, 2018. injurious to the public interest and will
Compliance, 4800 Mark Center Drive, Aaron T. Siegel, not impair the usefulness of the USACE
Mailbox #24, Suite 08D09, Alexandria, Alternate OSD Federal Register, Liaison project.
VA 22350–1700. Officer, Department of Defense. The draft version of this EC was made
Instructions: All submissions received [FR Doc. 2018–19892 Filed 9–12–18; 8:45 am] available for public comment from
must include the agency name, docket BILLING CODE 5001–06–P February 5, 2018 to April 6, 2018 (see
number and title for this Federal 83 FR 5075). The comments received on
Register document. The general policy the draft EC are posted at
for comments and other submissions DEPARTMENT OF DEFENSE www.regulations.gov in docket number
from members of the public is to make COE–2018–0003.
these submissions available for public Department of the Army, Corps of
viewing on the internet at http:// Engineers USACE published Engineer Circular
www.regulations.gov as they are (EC) 1165–2–220, Policy and Procedural
Policy and Procedural Guidance for Guidance for Processing Requests to
received without change, including any
Processing Requests To Alter US Alter US Army Corps of Engineers Civil
personal identifiers or contact
Army Corps of Engineers Civil Works Works Projects Pursuant to 33 U.S.C.
information.
Projects 408, to update processes related to how
FOR FURTHER INFORMATION CONTACT: To USACE will review certain requests by
request more information on this AGENCY: U.S. Army Corps of Engineers,
DoD. others to alter a USACE Civil Works
proposed information collection or to project. For example, other entities may
obtain a copy of the proposal and ACTION: Notice. want to alter a Civil Works project to
associated collection instruments, SUMMARY: The US Army Corps of increase recreational opportunities;
please write to Defense Logistics Engineers (USACE) has issued Engineer improve flood risk management; or
Agency, Morale Welfare and Recreation, Circular (EC) 1165–2–220, Policy and construct a road, transmission line, or
Child and Youth Program, ATTN: Procedural Guidance for Processing pipeline. The purpose of the Section
Lauren Langhan, 8725 John J. Kingman Requests to Alter US Army Corps of 408 review is to ensure that the
Road, Suite 1134, Fort Belvoir, VA, Engineers Civil Works Projects Pursuant Congressionally-authorized purpose and
22060–6221, or call 571–767–6675. to Section 408. This agency policy benefits of the Civil Works project are
SUPPLEMENTARY INFORMATION: document provides the policies and protected and maintained (e.g., flood
Title; Associated Form; and OMB procedures related to how USACE will risk management, navigation, coastal
Number: Defense Logistics Agency process certain requests by others to storm damage reduction) and to ensure
Child and Youth Program; DLA Forms alter a USACE Civil Works project that what is being proposed is not
1849, 1849–1, 1849–2, 1849–3, 1849–4, under Section 14 of the Rivers and injurious to the public interest. An
1855, 1855–1, 1855–1A, 1855–1B, 1855– Harbors Act of 1899 (more commonly effective and efficient review of
1C, 1855–1D (Parts I and II), 1855–1E, referred to as Section 408). The draft proposed alterations to Civil Works
1855–1F; OMB Control Number 0704– version of this EC was made available projects protects taxpayer investments
XXXX. for public comment from February 5, in water resources infrastructure, while
Needs and Uses: The Department of 2018 to April 6, 2018. USACE reviewed ensuring compatibility with new
Defense (DoD) requires the information and considered all comments received, infrastructure or improvements.
in the proposed collection in support of and revised the EC to reflect those Process improvements include greater
Defense Logistics Agency (DLA) Child comments to the maximum extent delegation of decisions; introduction of
and Youth Programs (CYPs). This possible. The final EC is available on the a multi-phased review option for
collection includes fourteen (14) DLA USACE publications website (http:// incremental reviews; timelines for
forms, some of which are used by all of www.publications.usace.army.mil/) and written notifications; and procedures to
the collection respondents and some of via hyperlink on the USACE Section better align and integrate Section 408
which are used under specific 408 website (http:// with certain reviews conducted by
circumstances. The information www.usace.army.mil/Missions/Civil- USACE’s Regulatory Program. Note, the
collected is used for program planning, Works/Section408/). The EC is effective Section 408 database described in the
management, and health and safety beginning September 10, 2018. EC is undergoing testing and will not be
purposes. More specifically, the DATES: The EC is applicable beginning available for use by USACE until late
information in the proposed collection September 10, 2018. calendar year 2018.
allows CYP staff to provide safe, FOR FURTHER INFORMATION CONTACT: Ms. EC 1165–2–220 expires two years
developmentally appropriate day care Tammy Conforti at 202–761–4649, from issuance, which provides USACE
services and to ensure proper, effective email HQ-Section408@usace.army.mil, time consider implementation
response in the event of an emergency. or visit http://www.usace.army.mil/ experience to identify any necessary
Respondents include patrons enrolling Missions/Civil-Works/Section408/. clarifications or changes. After two
their children in a CYP; these patrons SUPPLEMENTARY INFORMATION: Section 14 years, EC 1165–2–220 will either be
may include active duty military, DoD of the Rivers and Harbors Act of 1899, revised, rescinded, or converted to an
civilian employees, or DoD contractors. as amended, and codified in 33 U.S.C. Engineer Regulation, which does not
Affected Public: Individuals or 408 (Section 408) provides that the expire. Feedback on implementation of
households. Secretary of the Army may, upon the EC 1165–2–220 may be sent to HQ-
daltland on DSKBBV9HB2PROD with NOTICES
Annual Burden Hours: 964.4. recommendation of the Chief of Section408@usace.army.mil.
Number of Respondents: 860. Engineers, grant permission to other Dated: September 5, 2018.
Responses Per Respondent: 14.017. entities for the permanent or temporary
Annual Responses: 12,055. alteration or use of any USACE Civil James C. Dalton,
Average Burden Per Response: .08 Works project. This requires a Director of Civil Works.
hours. determination by the Secretary that the [FR Doc. 2018–19926 Filed 9–12–18; 8:45 am]
Frequency: On occasion. requested alteration will not be BILLING CODE 3720–58–P
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Document Created: 2018-09-13 01:01:35
Document Modified: 2018-09-13 01:01:35
| 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 | Notice. | |
| Dates | The EC is applicable beginning September 10, 2018. | |
| Contact | Ms. Tammy Conforti at 202-761-4649, email [email protected], or visit http://www.usace.army.mil/ Missions/Civil-Works/Section408/. | |
| FR Citation | 83 FR 46486 |
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