83 FR 5075 - Policy and Procedural Guidance for Processing Requests To Alter U.S. Army Corps of Engineers Civil Works Projects Pursuant to Section 408
DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers Federal Register Volume 83, Issue 24 (February 5, 2018)
Department of the Army, Corps of Engineers
Federal Register Volume 83, Issue 24 (February 5, 2018)
| Page Range | 5075-5076 | |
| FR Document | 2018-02207 |
[Federal Register Volume 83, Number 24 (Monday, February 5, 2018)] [Notices] [Pages 5075-5076] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-02207] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers Policy and Procedural Guidance for Processing Requests To Alter U.S. Army Corps of Engineers Civil Works Projects Pursuant to Section 408 AGENCY: U.S. Army Corps of Engineers, DoD. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The U.S. Army Corps of Engineers (USACE) is proposing to issue an Engineer Circular (EC), which is an agency policy document that will provide the policies and procedures related to how USACE will process certain requests by others to alter a USACE civil works project pursuant to Section 14 of the Rivers and Harbors Act of 1899, as amended (more commonly referred to as Section 408). This notice announces the availability of the draft EC for comment. The comment period on the draft document starts with the publication of this notice in the Federal Register and will last for 30 days. The draft EC is available for review on the USACE Section 408 website (http://www.usace.army.mil/Missions/Civil-Works/Section408/) and at http://www.regulations.gov reference docket number COE-2018-0003. DATES: Comments must be submitted on or before March 7, 2018. ADDRESSES: You may submit comments identified by docket number COE- 2018-0003 by any of the following methods: Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Email: [email protected] and include the docket number COE-2018-0003 or ``EC 1165-2-220 Comments'' in the subject line of the message. Mail: Headquarters, U.S. Army Corps of Engineers, ATTN: CECW-CE/ 3E62, 441 G Street NW, Washington, DC 20314-1000. Hand Delivery/Courier: Due to security requirements, we cannot receive comments by hand delivery or courier. Instructions: If submitting comments through the Federal eRulemaking Portal, direct your comments to docket number COE-2018- 0003. All comments received will be included in the public docket without change and may be made available on-line at http://www.regulations.gov, including any personal information provided, unless the commenter indicates that the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI, or otherwise protected, through regulations.gov or email. The regulations.gov website is an anonymous access system, which means we will not know your identity or contact information unless you provide it in the body of your comment. If you send an email directly to USACE without going through regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the internet. If you submit an electronic comment, we recommend that you include your name and other contact information in the body of your comment. If we cannot read your comment because of technical difficulties and cannot contact you for clarification, we may not be able to consider your comment. Electronic comments should avoid the use of any special characters, any form of encryption, and be free of any defects or viruses. Docket: For access to the docket to read background documents or comments received, go to www.regulations.gov. All documents in the docket are listed. Although listed in the index, some information is not publicly available, such as CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. 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. USACE is proposing to issue Engineer Circular (EC) 1165-2-220, Policy and Procedural Guidance for Processing Requests to Alter U.S. 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 across a Civil Works project. The purpose of the Section 408 review is to ensure that the Congressionally-authorized purpose and benefits of a Civil Works project are protected and maintained (e.g., flood risk management, navigation, coastal storm damage reduction) and to ensure what is being proposed is not injurious to the public interest. An effective and efficient review of proposed alterations to Civil Works projects protects tax payer investments in water resources infrastructure, while ensuring compatibility with new infrastructure, improvements, and other public or private interests. The first comprehensive policy and procedures for evaluation of alterations under Section 408 was issued as EC 1165-2-216 on July 31, 2014. Based on lessons learned from implementing EC 1165-2-216, USACE began the process to revise and update its Section 408 process to clarify applicability, roles and responsibilities, and the basic requirements. From November 2016 through January 2018, USACE issued multiple interim guidance to improve the efficiency and effectiveness of the Section 408 review process while continuing to work on a full policy revision. USACE has now completed a draft of a new policy document (EC 1165- 2-220) to replace EC 1165-2-216. EC 1165-2-220 would expire two years from issuance, which will provide 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. EC 1165-2-220 is intended to consolidate the interim guidance issued since 2016 and update procedures to facilitate a scalable approach to reviewing Section 408 requests in a timely manner while maintaining a national consistent approach to [[Page 5076]] decision-making. EC 1165-2-220 includes proposed revisions that clarify the geographical limits for when the procedures set forth in the EC for processing a Section 408 permission apply; eliminates duplication of effort when the intent of Section 408 can be satisfied by another existing USACE review process; addresses emergency alterations; and, provides additional detail on categorical permissions and an option for conducting a multi-phased review. The EC also provides greater clarity on requirements for environmental compliance; implements timelines for USACE reviews and notifications; and, provides additional delegation of decision-making authority. EC 1165-2-220 has also been developed in accordance with requirements in Section 1007 of the Water Resources Reform and Development Act (WRRDA) of 2014 (Pub. L. 113-121) and Section 1156 of the Water Resources Development Act (WRDA) of 2016 (Title I of Pub. L. 114-322). USACE now invites all interested parties to review and provide comment on the draft of EC 1165-2-220 prior to final publication. Following the comment period, USACE will consider all comments received, make revisions as needed, and publish the final EC 1165-2-220 as soon as possible. When the final EC is published, a notice will be placed in the Federal Register. The final EC will be available on USACE publications website (http://www.publications.usace.army.mil/). Dated: January 31, 2018. James C. Dalton, Director of Civil Works. [FR Doc. 2018-02207 Filed 2-2-18; 8:45 am] BILLING CODE 3720-58-P
![Federal Register / Vol. 83, No. 24 / Monday, February 5, 2018 / Notices 5075
Dated: January 31, 2018. COE–2018–0003. All comments injurious to the public interest and will
Aaron Siegel, received will be included in the public not impair the usefulness of the USACE
Alternate OSD Federal Register Liaison docket without change and may be project.
Officer, Department of Defense. made available on-line at http:// USACE is proposing to issue Engineer
[FR Doc. 2018–02213 Filed 2–2–18; 8:45 am] www.regulations.gov, including any Circular (EC) 1165–2–220, Policy and
BILLING CODE 5001–06–P personal information provided, unless Procedural Guidance for Processing
the commenter indicates that the Requests to Alter U.S. Army Corps of
comment includes information claimed Engineers Civil Works Projects Pursuant
DEPARTMENT OF DEFENSE to be Confidential Business Information to 33 U.S.C. 408, to update processes
(CBI) or other information whose related to how USACE will review
Department of the Army, Corps of disclosure is restricted by statute. Do certain requests by others to alter a
Engineers not submit information that you USACE civil works project. For
consider to be CBI, or otherwise example, other entities may want to
Policy and Procedural Guidance for protected, through regulations.gov or alter a Civil Works project to increase
Processing Requests To Alter U.S. email. The regulations.gov website is an recreational opportunities; improve
Army Corps of Engineers Civil Works anonymous access system, which means flood risk management; or construct a
Projects Pursuant to Section 408 we will not know your identity or road, transmission line, or pipeline
AGENCY: U.S. Army Corps of Engineers, contact information unless you provide across a Civil Works project. The
DoD. it in the body of your comment. If you purpose of the Section 408 review is to
send an email directly to USACE ensure that the Congressionally-
ACTION: Notice. authorized purpose and benefits of a
without going through regulations.gov,
SUMMARY: The U.S. Army Corps of your email address will be Civil Works project are protected and
Engineers (USACE) is proposing to issue automatically captured and included as maintained (e.g., flood risk
an Engineer Circular (EC), which is an part of the comment that is placed in the management, navigation, coastal storm
agency policy document that will public docket and made available on the damage reduction) and to ensure what
provide the policies and procedures internet. If you submit an electronic is being proposed is not injurious to the
related to how USACE will process comment, we recommend that you public interest. An effective and
certain requests by others to alter a include your name and other contact efficient review of proposed alterations
USACE civil works project pursuant to information in the body of your to Civil Works projects protects tax
Section 14 of the Rivers and Harbors Act comment. If we cannot read your payer investments in water resources
of 1899, as amended (more commonly comment because of technical infrastructure, while ensuring
referred to as Section 408). This notice difficulties and cannot contact you for compatibility with new infrastructure,
announces the availability of the draft clarification, we may not be able to improvements, and other public or
EC for comment. The comment period consider your comment. Electronic private interests.
comments should avoid the use of any The first comprehensive policy and
on the draft document starts with the
special characters, any form of procedures for evaluation of alterations
publication of this notice in the Federal
encryption, and be free of any defects or under Section 408 was issued as EC
Register and will last for 30 days. The 1165–2–216 on July 31, 2014. Based on
draft EC is available for review on the viruses.
Docket: For access to the docket to lessons learned from implementing EC
USACE Section 408 website (http:// 1165–2–216, USACE began the process
www.usace.army.mil/Missions/Civil- read background documents or
comments received, go to to revise and update its Section 408
Works/Section408/) and at http:// process to clarify applicability, roles
www.regulations.gov reference docket www.regulations.gov. All documents in
the docket are listed. Although listed in and responsibilities, and the basic
number COE–2018–0003. requirements. From November 2016
DATES: Comments must be submitted on
the index, some information is not
publicly available, such as CBI or other through January 2018, USACE issued
or before March 7, 2018. multiple interim guidance to improve
information whose disclosure is
ADDRESSES: You may submit comments the efficiency and effectiveness of the
restricted by statute. Certain other
identified by docket number COE– material, such as copyrighted material, Section 408 review process while
2018–0003 by any of the following is not placed on the internet and will be continuing to work on a full policy
methods: publicly available only in hard copy revision.
Federal eRulemaking Portal: http:// USACE has now completed a draft of
form.
www.regulations.gov. Follow the a new policy document (EC 1165–2–
instructions for submitting comments. FOR FURTHER INFORMATION CONTACT: Ms. 220) to replace EC 1165–2–216. EC
Email: HQ-Section408@ Tammy Conforti at 202–761–4649, 1165–2–220 would expire two years
usace.army.mil and include the docket email HQ-Section408@usace.army.mil, from issuance, which will provide
number COE–2018–0003 or ‘‘EC 1165– or visit http://www.usace.army.mil/ USACE time consider implementation
2–220 Comments’’ in the subject line of Missions/Civil-Works/Section408/. experience to identify any necessary
the message. SUPPLEMENTARY INFORMATION: Section 14 clarifications or changes. After two
Mail: Headquarters, U.S. Army Corps of the Rivers and Harbors Act of 1899, years, EC 1165–2–220 will either be
of Engineers, ATTN: CECW–CE/3E62, as amended, and codified in 33 U.S.C. revised, rescinded, or converted to an
441 G Street NW, Washington, DC 408 (Section 408) provides that the Engineer Regulation, which does not
Secretary of the Army may, upon the
sradovich on DSK3GMQ082PROD with NOTICES
20314–1000. expire.
Hand Delivery/Courier: Due to recommendation of the Chief of EC 1165–2–220 is intended to
security requirements, we cannot Engineers, grant permission to other consolidate the interim guidance issued
receive comments by hand delivery or entities for the permanent or temporary since 2016 and update procedures to
courier. alteration or use of any USACE Civil facilitate a scalable approach to
Instructions: If submitting comments Works project. This requires a reviewing Section 408 requests in a
through the Federal eRulemaking Portal, determination by the Secretary that the timely manner while maintaining a
direct your comments to docket number requested alteration will not be national consistent approach to
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![5076 Federal Register / Vol. 83, No. 24 / Monday, February 5, 2018 / Notices
decision-making. EC 1165–2–220 ADDRESSES: To access and review all the Type of Review: A revision of an
includes proposed revisions that clarify documents related to the information existing information collection.
the geographical limits for when the collection listed in this notice, please Respondents/Affected Public:
procedures set forth in the EC for use http://www.regulations.gov by Individuals or Households.
processing a Section 408 permission searching the Docket ID number ED– Total Estimated Number of Annual
apply; eliminates duplication of effort 2018–ICCD–0007. Comments submitted Responses: 50,793.
when the intent of Section 408 can be in response to this notice should be Total Estimated Number of Annual
satisfied by another existing USACE submitted electronically through the Burden Hours: 25,397.
review process; addresses emergency Federal eRulemaking Portal at http:// Abstract: As a condition for receiving
alterations; and, provides additional www.regulations.gov by selecting the a TEACH Grant, a student must sign an
detail on categorical permissions and an Docket ID number or via postal mail, Agreement to Serve. A new Agreement
option for conducting a multi-phased commercial delivery, or hand delivery. to Serve must be signed for each award
review. The EC also provides greater Please note that comments submitted by year during which a student wishes to
clarity on requirements for fax or email and those submitted after receive a TEACH Grant. By signing the
environmental compliance; implements the comment period will not be Agreement to Serve, a TEACH Grant
timelines for USACE reviews and accepted. Written requests for recipient agrees to meet the teaching
notifications; and, provides additional information or comments submitted by service obligation and other terms and
delegation of decision-making authority. postal mail or delivery should be conditions of the TEACH Grant Program
EC 1165–2–220 has also been addressed to the Director of the that are described in the Agreement to
developed in accordance with Information Collection Clearance Service. In accordance with these terms
requirements in Section 1007 of the Division, U.S. Department of Education, and conditions, if a TEACH Grant
Water Resources Reform and 400 Maryland Avenue SW, LBJ, Room recipient does not fulfill the required
Development Act (WRRDA) of 2014 216–34, Washington, DC 20202–4537. teaching service obligation or otherwise
(Pub. L. 113–121) and Section 1156 of FOR FURTHER INFORMATION CONTACT: For fails to meet the requirements of the
the Water Resources Development Act specific questions related to collection TEACH Grant Program, any TEACH
(WRDA) of 2016 (Title I of Pub. L. 114– activities, please contact Jon Utz, 202– Grant funds the individual received will
322). USACE now invites all interested 377–4040. be converted to a Direct Unsubsidized
parties to review and provide comment SUPPLEMENTARY INFORMATION: The Loan that the grant recipient must repay
on the draft of EC 1165–2–220 prior to Department of Education (ED), in in full, with interest. The Agreement to
final publication. accordance with the Paperwork Serve also explains the repayment terms
Following the comment period, and conditions that will apply if a
Reduction Act of 1995 (PRA) (44 U.S.C.
USACE will consider all comments TEACH Grant is converted to a Direct
3506(c)(2)(A)), provides the general
received, make revisions as needed, and Unsubsidized Loan.
public and Federal agencies with an
publish the final EC 1165–2–220 as soon
opportunity to comment on proposed, Dated: January 31, 2018.
as possible. When the final EC is
revised, and continuing collections of Kate Mullan,
published, a notice will be placed in the
information. This helps the Department Acting Director, Information Collection
Federal Register. The final EC will be
assess the impact of its information Clearance Division, Office of the Chief Privacy
available on USACE publications
collection requirements and minimize Officer, Office of Management.
website (http://
the public’s reporting burden. It also [FR Doc. 2018–02232 Filed 2–2–18; 8:45 am]
www.publications.usace.army.mil/).
helps the public understand the BILLING CODE 4000–01–P
Dated: January 31, 2018. Department’s information collection
James C. Dalton, requirements and provide the requested
Director of Civil Works. data in the desired format. ED is DEPARTMENT OF EDUCATION
[FR Doc. 2018–02207 Filed 2–2–18; 8:45 am] soliciting comments on the proposed
BILLING CODE 3720–58–P information collection request (ICR) that Applications for New Awards; Native
is described below. The Department of American Career and Technical
Education is especially interested in Education Program
DEPARTMENT OF EDUCATION public comment addressing the AGENCY: Office of Career, Technical, and
following issues: (1) Is this collection Adult Education, Department of
[Docket No.: ED–2018–ICCD–0007] necessary to the proper functions of the Education.
Department; (2) will this information be
Agency Information Collection ACTION: Notice.
processed and used in a timely manner;
Activities; Comment Request; Teacher
(3) is the estimate of burden accurate; SUMMARY: The Department of Education
Education Assistance for College and
(4) how might the Department enhance (Department) is issuing a notice inviting
Higher Education Grant Program
the quality, utility, and clarity of the applications for new awards for fiscal
(TEACH Grant Program) Agreement To
information to be collected; and (5) how year (FY) 2018 for the Native American
Serve
might the Department minimize the Career and Technical Education
AGENCY: Federal Student Aid (FSA), burden of this collection on the Program (NACTEP), Catalog of Federal
Department of Education (ED). respondents, including through the use Domestic Assistance (CFDA) number
ACTION: Notice. of information technology. Please note 84.101A.
sradovich on DSK3GMQ082PROD with NOTICES
that written comments received in
SUMMARY: In accordance with the response to this notice will be DATES:
Paperwork Reduction Act of 1995, ED is considered public records. Applications Available: February 5,
proposing a revision of an existing Title of Collection: Teacher Education 2018.
information collection. Assistance for College and Higher Deadline for Transmittal of
DATES: Interested persons are invited to Education Grant Program (TEACH Grant Applications: March 19, 2018.
submit comments on or before April 6, Program) Agreement to Serve. FOR FURTHER INFORMATION CONTACT:
2018. OMB Control Number: 1845–0083. Gwen Washington, U.S. Department of
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Document Created: 2018-02-03 01:24:52
Document Modified: 2018-02-03 01:24:52
| 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 | Comments must be submitted on or before March 7, 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 5075 |
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